A.
The submission and review process for subdivision and land development
applications shall be in accordance with the following:
(1)
Sketch plan. Sketch plans are not required but are very strongly
encouraged for all types of major subdivisions and land developments
to facilitate the formal plan submission and review process.
(2)
Preliminary plans for major subdivisions/land developments. Major subdivisions/land developments require preliminary and final approval. Preliminary plans cannot be approved until all the requirements of this chapter are satisfied by detail on the plans or conditions of approval for such compliance are applied. The approval of the preliminary plan permits the applicant to submit a final plan for review in conformance to§ 77-501B of this chapter.
(3)
Final plans for major subdivisions/land developments. Final plans for major subdivisions/land developments cannot be submitted until all conditions of approval have been satisfied, and lots in the subdivision cannot be sold until final plan approval is granted. The applicant shall provide a financial guarantee for the completion of all required improvements in conformance with Article VII.
(4)
Minor subdivisions/land developments. Minor subdivisions require
only final plan approval.
B.
The applicant or a duly authorized representative shall attend all
meetings where any submitted plan is on the agenda. No action will
be taken in the absence of the applicant or representative, and failure
of appearance shall constitute grounds for denial of the application
if the time for Township action is due to expire.
A.
Prior to submitting a major subdivision application or a land development
application, the applicant is encouraged, but not required, to submit
a sketch plan to the Planning Commission in accordance with the process
and procedures as set forth herein. The submission and review of a
sketch plan shall not constitute the filing of an application for
plan review and approval of a subdivision or land development. The
purpose of the sketch plan is to:
(1)
Avoid costly revisions to detailed preliminary plans prepared before
a general consensus on the layout is reached with the Township.
(2)
Identify the overall objectives of the applicant's development
using a diagrammatic approach showing broad areas of development.
(3)
Assist applicants and officials to develop a better understanding
of the property.
(5)
Ensure that the plan generally conforms with the provisions of this
chapter.
B.
Planning Commission shall provide advice and comment on the necessary
requirements to achieve conformity to the standards and provisions
of this chapter and other applicable related regulations.
The applicant shall provide the following information to the
Administrator not less than 21 days prior to the next regularly scheduled
meeting of Planning Commission:
A.
Four prefolded copies plus a digital of the plan (sketch, preliminary
or final).
B.
Four prefolded copies plus a digital copy of construction plans (if
applicable).
C.
A completed subdivision or land development application with original
signatures and four copies of the same plus a digital copy.
D.
A completed planning module, if applicable, as required by the PA
DEP and four copies of the same plus a digital copy.
A.
The administrator shall provide each member of the Planning Commission
a digital copy of the complete set of plans (preliminary or final),
a copy of the subdivision/land development application, and a copy
of the PA DEP planning module.
B.
The applicant, based upon policy established by the Township, shall
distribute and submit proof of receipt, as applicable, and provide
the Township with dated written verification of the same, copies of
complete sets of plans (preliminary or final), a copy of the application
and the PA DEP planning module to the following agencies and officials
for review, comment and approval, as:
(1)
The Luzerne County Planning Commission.
(2)
DAMA.
(3)
The PA DEP.
(4)
The Luzerne Conservation District.
(5)
The PennDOT and/or the Luzerne County Road and Bridge Department
if a proposed subdivision or land development fronts upon or is to
have access to a road under its jurisdiction.
(6)
The Dallas Area School District.
(7)
Adjoining municipalities that have a common border with the proposed
subdivision and/or land development.
C.
The applicant shall be responsible to ensure that copies of the plan
and supporting material are provided to all applicable utility companies
intended to service the site.
The Dallas Township Planning Commission shall not approve any
subdivision or land development plans or application until a report,
containing the comments and recommendations of the Luzerne County
Planning Commission is received or until the expiration of 30 days
from the date said plans and application were forwarded to the Luzerne
County Planning Commission. The applicant shall pay all review fees
required by the Luzerne County Planning Commission.
Prior to approving the final plan of a major subdivision or
a major land development in which the approval was conditioned upon
specific improvements, the Planning Commission shall require the applicant
to provide a form of financial security, acceptable to the township,
which assures and guarantees the subsequent installation of all required
improvements in accordance with the design standards and specifications
of this chapter and all applicable terms and conditions in granting
approval.
A.
The Planning Commission shall approve or reject a submitted plan
(preliminary or final) within 90 days following the date of the Township
Planning Commission's regular meeting at which said plan is first
reviewed. Should the regular meeting date occur more than 30 days
following the date of submission of said plan, the ninety-day period
shall be measured from the 30th day following the date on which the
plan was properly submitted to the Township.
B.
The Planning Commission shall communicate its decision to the applicant
in writing either by delivery in person or by mail to applicant's
last-known address not later than 15 days following the decision.
C.
When an application and plan (preliminary or final) is not approved
as submitted, the decision of the Planning Commission shall specify
the defects found in such, and describe the requirements which have
not been met and shall, in each case, cite the provisions of the ordinance
relied upon.
D.
In granting approval to a plan, preliminary or final, which is subject
to specific conditions, the Planning Commission shall be expressly
included such conditions in the minutes of the meeting at which the
plan is considered and communicate said conditions and/or modifications,
in writing, to the applicant. When a plan has been approved subject
to any conditions and/or modifications and the applicant does not
agree to accept said conditions and/or modifications, in writing,
within 15 calendar days of receipt of said written notice, the said
conditional approval of the plan shall become an automatic disapproval.
The written notice to the applicant shall include the specific terms
of the approval and shall note that failure to respond in writing
to agree and accept all conditions shall constitute a denial of the
plan. Failure by the applicant to provide any written response within
15 calendar days of receipt of said written notice from the Township
shall be deemed to constitute that the applicant does not agree to
accept the said conditions and/or modifications and said conditional
approval of the plan shall become an automatic disapproval.
E.
As prescribed by the Pennsylvania Municipalities Planning Code, Act
247, as amended,[1] failure of the Planning Commission to render a decision
and communicate said decision to the applicant as set forth in this
section shall be deemed approval of the plan as submitted, unless
the applicant has agreed, in writing, to an extension of time or change
in the prescribed manner of communication of the decision.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Until a submission is approved or rejected by the Planning Commission
the applicant may withdraw the submission and submit a revised plan
following the submission and review procedures which apply to the
plan. If a revised plan is resubmitted within 120 days from the date
of withdrawing said plan, no additional submission fee shall be charged
by the Township for the first revision. Failure to resubmit a revised
plan within said period of time, or a second revision and any subsequent
revision shall be treated as a new submission for which a new submission
fee shall be required. No additional fee shall be charged for plan
revisions which are directed by the Planning Commission. Should an
applicant wish to withdraw a plan under review and consideration by
the Planning Commission notice of withdrawal shall be in writing and
shall include a statement that the ninety-day time limitation for
the Planning Commission to render a decision shall not include the
period of time which the plan is withdrawn.
B.
All revised plans shall be accompanied by an itemized listing of
revisions to the plans and the basis for such revisions. Such information
shall be prepared and certified by a professional engineer.
C.
Any revised plan may be resubmitted to the Luzerne County Planning Commission or to any other party noted within § 77-304B of this chapter if the Planning Commission renders a determination that the scope of the revisions are substantial in nature to warrant any additional review. If such a determination is rendered, the applicant shall be responsible for the applicable required fees.
A.
The applicant shall record the final plan as approved by the Planning
Commission in the Recorder of Deeds Office of Luzerne County within
90 days of such final approval, unless an extension has been granted
in writing by the Planning Commission. Failure by the applicant to
record the final plat within the 90 days, or an approved extension
of the time period, will result in the approval becoming null and
void. The final plan for recording shall comprise all plans submitted
for final approval.
B.
A final plan shall not be submitted for recording within the Recorder
of Deeds Office unless it bears an approval signature by the Planning
Commission, along with an appropriate signature and/or seal that it
has been reviewed by the Luzerne County Planning Commission.
C.
Within 30 days from the date on which the final plan is recorded,
the applicant shall furnish to the Township a copy of a certificate
or receipt attesting to the recording of the final plan in the Recorder
of Deeds office.
Prior to granting final approval of a major subdivision plan,
the Planning Commission may permit the plan to be divided into two
or more sections or phases and may impose such conditions upon the
filing of the sections as it may deem necessary to assure the orderly
development of the plan. A total of 25% of the proposed number of
dwelling units must be included within Phase I. The Planning Commission
may require that the financial security be in such amount as is commensurate
with the section or sections of the plan to be filed and may defer
the remaining required financial security principal amount until the
remaining sections of the plan are offered for filing. The developer
may also file, in writing, irrevocable offers to dedicate streets
and public improvements in the sections offered to be filed and defer
filing offers of dedication for the remaining sections until such
sections, subject to any conditions imposed by the Planning Commission
shall be granted concurrently with final approval of the plan.
