1. Submission of a final plan for approval by the Borough shall occur not more than 3 years following the date of approval of the preliminary plan. Failure to submit the final plan within this period of time shall make the approval of the preliminary plan null and void unless an extension of time has been granted by the Borough.
2. Except for any modifications or changes required by the Borough, the final plan shall basically conform to the approved preliminary plan. Where, in the opinion of the Borough Council, there have been significant modifications or chances, other than those required by the Borough, made to an approved preliminary plan, the plan shall be submitted again as a preliminary plan.
3. A final plan may be prepared for only a portion of the approved preliminary plan where so desired by the developer.
A. Submission of the Final Plan.
(1) Final plans and all accompanying documentation shall be submitted by the developer or his authorized representative to the Borough Secretary within 10 to 15 days in advance of a regularly scheduled Borough Council meeting.
(2) Submission shall consist of the following:
(a) Ten blue-line or black-line paper prints and the original drawing or print (record plan) on linen or other acceptable material of the final plan showing all the information required in §22-306.
(b) Three copies of all other required documentation.
(c) A filing fee as established in Part 6 of this Chapter.
B. Distribution of Final Plan for Review and Comment. Copies of the final plan and accompanying documentation shall immediately be distributed by the Borough Secretary in accordance with §22-303.2 of this Chapter (“Distribution of Preliminary Plan for Review and Comment”).
C. Action on Final Plan by the Borough Council.
(1) Following receipt of the written decision from the Planning Commit tee, Borough Council shall consider the final plan at their next regularly scheduled or special meeting. If the plan is to be considered at a special meeting, the developer shall be so notified and, in addition, Borough Council may also schedule a public hearing before taking any action on the plan.
(2) Action on a final plan shall be taken by Borough Council and communicated to the developer not later than 90 days following the receipt of a complete submission by the Borough Secretary. In their review, Borough Council shall consider the reports and recommendations of the Borough Planning Committee and the various other individuals and agencies to whom the plan was sent for review and comment. As a result of their review, Borough Council may require or recommend such changes and modifications as they shall deem necessary or advisable in the public interest.
(3) The decision of Borough Council concerning the plan shall be in writing and shall be communicated to the developer not later than 5 days following the meeting at which the decision is made but within the 90-day time limit. If a plan is not approved, or approved subject to certain conditions, the written decision shall specify the defects and describe the requirements which have not been met, citing in each instance the applicable provisions of this Chapter. Copies of the decision shall be sent to the Borough Planning Committee and Zoning Officer.
(4) Failure of Borough Council to render a decision and communicate it to the developer within the time and in the manner required by this Chapter shall be deemed an approval of the plan in terms as presented unless the developer has agreed to an extension of time.
(5) Before any final plan is approved, the developer shall either install all the required improvements or shall provide for deposit with the Borough a corporate bond or other security acceptable to the Borough pursuant to the provisions of §22-308 of this Chapter.
(6) Failure to initiate any construction or development of the proposed subdivision or land development within 3 years following the approval of a final plan by the Borough shall make the approval of the plan null and void unless an extension of time has been requested in writing by the developer and a written approval granted by the Borough.
D. Recording of Plan.
(1) Upon approval of a final plan by the Borough, the developer shall record the record plan in the office of the County Recorder of Deeds within 90 days. No plan shall be recorded unless it has been officially approved by the Borough.
(2) If the plan is not recorded within 90 days the approval by the Borough shall be null and void unless an extension of time is granted by Borough Council upon request from the developer.
(Ord. 6/6/1977, §307)