§ 27-618. Application for Final Approval.
   1.   An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval for a section thereof. Said application shall be made to the Township Secretary within the time or times specified by the official written communication granting tentative approval.
   2.   The application shall include all documents specified in § 27-608 and 27-612(D) of this Chapter, as well as any conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, or part thereof shall not be required provided the development plan, or the part thereof submitted for final approval, is in compliance with the development plan given tentative approval.
   3.   In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof and as required by this Chapter and the official written communication of tentative approval, the Board of Supervisors shall, within 45 days of such filing, grant such development plan final approval.
   4.   In the event the development plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of its refusal and setting forth the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:
      A.   Refile the application for final approval without the variations objected.
      B.   File a written request with the approving body that it hold a public hearing on the application for final approval.
   5.   If the landowner wishes to take either such alternate action he may do so within the period of time to which he is entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this Part for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Board of Supervisors shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this Section, be in the form and contain the findings required for an application for tentative approval set forth in this Part.
   6.   A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be recorded in the County Office of the Recorder of Deeds before any development shall take place. Upon the recording of the development plan, the zoning and subdivision regulations otherwise applicable shall cease to apply thereto. Upon final approval, the developer shall guarantee improvements and post financial security in accordance with § 22305 of the Township Subdivision and Land Development Ordinance [Chapter 22].
   7.   In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner abandons such plan or the section thereof that has been finally approved, and so notifies the Board of Supervisors in writing; or, in the event the landowner fails to commence and carry out the planned residential development within a reasonable time, no development or further development shall take place on the property included in the development plan until after the property is reclassified by enactment of an amendment to this Chapter in the manner prescribed for such amendments.
(Ord. 3/9/1993B, § 617)