The Planning Commission shall review the preliminary plan to
determine its completeness with regard to the standards, provisions,
and requirements of this chapter. Any submission which is found to
be incomplete shall be deemed to be invalid. The Planning Commission
shall notify the applicant in writing as to the nature and type of
additional information which the applicant must submit.
The Planning Commission shall not approve a preliminary plan
until a report is received from the Luzerne County Planning Commission
or until the expiration of 30 days from the date it was forwarded
to the Luzerne County Planning Commission.
The Planning Commission shall consider all official reports, comments and recommendations as provided in § 455-19C of this chapter. The Planning Commission shall render a decision in conformance with § 455-23 of this chapter. The following constitutes the types of action the Planning Commission may take:
A.
The Planning Commission may disapprove the preliminary plan, in which
case it shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case,
cite the provisions of this chapter relied upon.
B.
Planning Commission may conditionally approve the preliminary plan,
in which case it shall specify all additional information or changes
needed, describing the requirements that have not been met, citing
in each case the provisions of this chapter which were relied upon.
The additional information or changes shall be required prior to further
consideration of the preliminary plan or the submission of the final
plan. In granting conditional preliminary approval, the Planning Commission
shall include in its notification that the applicant, within 30 days
from the date of conditional approval, may notify the Planning Commission
of his refusal to accept all said conditions. Such notification shall
be 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approval shall be deemed rescinded upon receipt of the applicant's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 that the applicant fails to notify
the Planning Commission of his refusal to accept all said conditions
within 30 days from the date of conditional approval, all conditions
shall stand granted and deemed accepted by the applicant.
C.
The Planning Commission may approve the preliminary plan. Such approval shall constitute approval of the subdivision or land development as to the character and intensity of development, the arrangement and approximate dimensions of streets, lots and other planned features. The approval binds the applicant to proceed with the installation of the required improvements and/or to provide a financial security to cover installation of improvements and to prepare the final plan. Approval of the preliminary plan, when a financial security is not posted, does not authorize the sale of lots or the recording of the preliminary plan. The Planning Commission shall render a decision in conformance with § 455-23 of this chapter.
A.
The preliminary plan of a proposed subdivision or land development
shall be clearly and legibly drawn to a scale not greater than one
inch equals 50 feet if the subject site is two or more acres of land;
for site less than two acres, a scale of one inch equals 10 feet shall
apply.
B.
The original drawing and all submitted prints thereof shall be made
on a sheet sized 22 inches by 36 inches.
C.
All dimensions shall be set in feet and decimal parts thereof, and
bearings in degrees, minutes and seconds.
D.
If the preliminary plan requires more than one sheet, a key diagram
showing relative location of the several sections shall be drawn on
each sheet and appropriately labeled with match lines.
E.
Preliminary plans shall be so prepared and shall bear an adequate
legend to indicate clearly which features are existing and which are
proposed.
The preliminary plan shall contain the following information:
A.
Name and address of record owner, including certification of ownership
which carries a notarial seal.
B.
Name and address of applicant if different from owner.
C.
Name of proposed subdivision or land development.
D.
Name and address of registered engineer or registered land surveyor
responsible for the subdivision plan or land development plan, including
certification of the accuracy of the plan and its conformance to the
provisions of this chapter.
E.
North point, graphic scale and date, including the month, day and
year that the original drawing was completed and the month, day and
year that the original drawing was revised for each revision.
F.
Total tract boundaries of the property being subdivided, showing
bearings and distances and total size of the property, expressed in
acreage and square feet.
G.
The names of all adjoining landowners, including block and lot numbers
from the Luzerne County Assessor's office.
H.
All existing streets, including streets of record (recorded but not
constructed) on or abutting the tract, including names, right-of-way
widths, cartway (pavement) widths and approximate grades.
I.
All existing sewer lines, waterlines, fire hydrants, utility transmission
lines, utility easements or utility rights-of-way, culverts, storm
drains, bridges, railroad, watercourses and other significant man-made
or natural features within the proposed subdivision or land development
and within 100 feet from the boundaries of the proposed subdivision
or land development.
J.
All existing building or structures within the boundaries of the
proposed subdivision or land development.
K.
The zoning district or districts within which the proposed subdivision
or land development is located.
L.
Existing contour lines at vertical intervals of two feet.
M.
The location width and purpose of existing easements and utility
rights-of-way within 100 feet of the proposed subdivision or land
development.
N.
A location map at a scale of not greater than one inch equals 2,000
feet, indicating the relation of the site to its geographic proximity
within the City.
The preliminary plans shall contain and include the following
information:
A.
Lot layout and related features which shall indicate and provide:
(1)
The total number of lots, with identification numbers, proposed for
the site.
(2)
The dimensions and area of all lots, expressed in either square feet
or acres.
(3)
The building setbacks for all lots along each street, or in the case
of a land development, the proposed placement of each building along
each street and the proposed use of each building.
(4)
Proposed open space, parks, playgrounds or recreational facilities,
with any governing conditions thereof.
(5)
Watercourses, lakes, wetlands, forested areas and one-hundred-year
floodplains.
(6)
Copies of proposed deed restrictions, easements and protective covenants
referenced on the plan.
(7)
Proposed contour lines at vertical intervals of two feet of the entire
site.
(8)
Location, width and purpose of proposed easements and utility rights-of-way.
B.
Street and right-of-way layout which shall indicate and/or provide:
(1)
The location of all proposed streets and existing streets (public
and private) within the site and abutting or adjoining the site.
(2)
The location, right-of-way and cartway of all proposed streets, with
a statement of any condition governing their use, and the right-of-way
and cartway of any existing streets (public or private) to which the
proposed street will intersect.
(3)
Suggested street names and location of street signs.
(4)
The beginning and end points of proposed street construction.
(5)
Location, width and purpose of proposed easement and utility right-of-way.
(6)
The location of streetlighting.
(7)
The location of sidewalks.
C.
All subdivisions and/or land developments shall be serviced by sanitary
sewers which shall be connected to public sewers. The developer shall
provide a letter of commitment from the Wyoming Valley Sanitary Authority
providing notice that said Authority can adequately serve the proposed
subdivision or land development and accept the conveyance of sewage
for treatment and disposal, including any conditions required for
the provision of service. If applicable, written approval from any
adjoining municipality regarding the conveyance of sewage into its
system to access intended conveyance of sewage to facilities of the
Wyoming Valley Sanitary Authority shall also be required. The following
information shall be provided upon the plan:
D.
Subdivisions or land developments which shall be serviced by a centralized
water system shall indicate and/or provide the following:
(1)
If to be served by an existing water company or authority, a letter
from the same indicating said company or authority can adequately
serve the proposed subdivision or land development, including any
conditions required for the provision of service.
(2)
Location and size of all waterlines.
(3)
Location of fire hydrants.
F.
A letter from the applicable public utility company which provides
electrical service and/or gas service to the City, indicating said
company can and shall adequately serve the proposed subdivision or
land development, including any conditions required for the provision
of service.
[Amended 12-1-2004 by Ord. No. 16-2004]
The following material and information shall be submitted with
the preliminary plan:
A.
Proof of ownership.
B.
Preliminary plan application and required fee.
C.
The required fee for Luzerne County Planning Commission review.
D.
A copy of the application for a highway occupancy permit, if applicable,
as required by the Pennsylvania Department of Transportation.
E.
Construction plans which include, where applicable, preliminary design,
preliminary profiles, typical cross sections and specifications for
the construction or installation of streets, sidewalks, sanitary sewers,
underground utilities, storm drainage facilities, waterlines, bridges
or culverts.
F.
Five copies of a planning module for land development as required
by the Pennsylvania Department of Environmental Protection.
G.
A copy of the application and drawings required by the Luzerne County
Conservation District for approval of appropriate soil erosion and
sedimentation control plan.
I.
Any other information deemed necessary by the Planning Commission, including, but not limited to, any impact analysis, as defined in Article II of this chapter.
J.
An executed written agreement under which the applicant agrees to
fully reimburse the City for any and all consulting fees incurred
resulting from the review of plans, applications and supporting information,
data and/or reports or studies.
