The submission and review process for subdivision and land development
applications shall be in accordance with the following:
A.
Major subdivision shall require the submission and approval of a
preliminary plan and a final plan.
B.
Minor subdivision shall require the submission and approval of only a final plan, in accordance with the provisions as set forth in Article VI of this chapter.
C.
Major land development shall require the submission and approval
of a preliminary plan and a final plan.
[Amended 12-1-2004 by Ord. No. 16-2004]
The applicant shall provide the following information to the
administrator not less than 21 days prior to the next regularly scheduled
meeting of the Planning Commission:
A.
Twenty prefolded copies of the plan (preliminary or final).
B.
Twenty prefolded copies of construction plans (if applicable).
C.
A completed subdivision application and five copies of the same.
D.
A completed planning module, if applicable, as required by the Pennsylvania
Department of Environmental Protection, and five copies of the same.
[Amended 12-1-2004 by Ord. No. 16-2004]
A.
The Planning Commission shall retain five copies of the plan (preliminary
or final), five copies of construction plans, a copy of the application,
and a copy of the planning module.
B.
A copy of the plan (preliminary or final), the construction drawings,
the application and the planning module shall be provided to the Mayor
and Council.
C.
A copy of the plan (preliminary or final), a copy of the application
and a copy of construction plans and the planning module, as applicable,
shall be provided to the following agencies and officials for review,
comment and approval, as applicable:
(1)
The Luzerne County Planning Commission.
(2)
The City Zoning Officer.
(3)
The City Engineer.
(4)
The Pennsylvania Department of Environmental Protection.
(5)
The City Solicitor.
(6)
The Solicitor to the Planning Commission.
(7)
The Luzerne County Conservation District.
(8)
The consultant to the City Planning Commission.
D.
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 Planning Commission shall not approve any subdivision or
land development plans or application until the written comments and
recommendation of the Luzerne County Planning Commission are 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 the review fee required by the Luzerne County Planning Commission.
The Planning Commission may hold a public hearing prior to rendering
a decision on any plan (preliminary or final).
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 following
of the applicant:
A.
The installation of all required improvements in accordance with
the design standards and specifications of this chapter.
B.
Provision of a form of financial security, acceptable by the Planning
Commission, which assures and guarantees the subsequent installation
of all required improvements in accordance with the design standards
and specifications of this chapter.
A.
The Planning Commission shall approve or reject a submitted plan
(preliminary or final) within 90 days following the date of the 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 City.
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 Planning Commission's decision 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 statute
or ordinance relied upon.
D.
In granting approval to a plan, preliminary or final, which is subject
to specific conditions, the Planning Commission shall include in its
notification that the applicant may notify the Planning Commission
of his refusal to accept all said conditions in writing. In such cases,
the Planning Commission's conditional approval shall be deemed
rescinded upon receipt of the applicant's written notification.
In the event the applicant fails to notify the Planning Commission
of his refusal to accept all said conditions within the thirty-day
time period, all conditions shall stand granted and deemed accepted
by the applicant.
E.
As prescribed by the Pennsylvania Municipalities Planning Code, Act
247, as amended, 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.
Until a submission is approved or rejected by the Planning Commission, the applicant may withdraw by written notice the submission and submit a revised plan following the submission and review procedures which apply to the plan. If a revised plan is submitted within 120 days from the date of withdrawing said plan, no additional submission fee shall be charged by the City 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 considered a new submission for which a new submission fee shall be required. The Planning Commission shall have the discretion to require a revised plan to be subject to additional review and comment procedures under § 455-19C of this article, with the applicant responsible for payment of any applicable fees.
A.
The applicant shall record the final plan as approved by the Planning
Commission in the office of the Recorder of Deeds 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 plan within the 90 days, or an approved extension
of the time period, will result in the Planning Commission's
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 the signature of the Planning Commission's
Chairman and Secretary and bears appropriate signature and/or seal
that it has been reviewed by the Luzerne County Planning Commission.
C.
Within 14 days from the date on which the final plan is recorded,
the applicant shall furnish to the Planning Commission 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. 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.
