City of Nanticoke, PA Article V Final Plan

§ 455-34 Submission and review procedure.

A. The Planning Commission shall review the final plan to determine its completeness, including, but not limited to, conformance with the standards and data as set forth in Article IV and any changes or modifications required by the Planning Commission as a condition of granting approval of the preliminary plan.

B. The applicant shall submit the final plan within one year from the date of the approval of the preliminary plan by the Planning Commission, unless an extension in writing has been approved by the Planning Commission. Failure to comply with the one-year time requirement shall render the preliminary plan and any accompanying approval as null and void, thus requiring a new submission of the preliminary plan.

§ 455-35 Review and approval/disapproval of plan.

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 final plan, in which case it shall specify the defects found in the application and plan, describing the requirements which have not been met and in each case citing the provisions of this chapter relied upon.

B. The Planning Commission may conditionally approve the final plan, in which case it shall specify all additional information or required changes, describing the requirements that have not been met, citing in each case the provisions of this chapter which were relied upon. Such additional information or changes shall be required prior to further consideration of the final plan or filing the final plan with the Luzerne County Recorder of Deeds Office. In granting conditional approval of the final plan, 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 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 In such cases, the Planning Commission's conditional approval shall be deemed rescinded upon receipt of the applicant's written notification.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 final plan as submitted. Such approval by the Planning Commission shall allow the applicant to file said final plan with the Luzerne County Recorder of Deeds Office.

§ 455-36 Final plan drafting standards.

The final plan of a proposed subdivision or land development shall be in accordance with the standards as set forth in § 455-31 of this chapter.

§ 455-37 Final plan requirements.

The final plan shall include all additional information and changes required by the Planning Commission in granting approval of the preliminary plan and all of the following:

A. Drawings and/or plans shall be titled "Final Plan — Major Subdivision."

B. An accurate field boundary survey of the entire site, which shall be balanced and close with an error of closure not to exceed one foot in 5,000 feet.

C. The location and material of all permanent monuments and lot markers.

D. Written certification by the responsible land surveyor which attests to the accuracy of the survey and compliance with the applicable provisions of this chapter.

E. A three-inch-by-five-inch blocked space shall be provided on the final plan for the signatures of the Chairman and Secretary of the City Planning Commission indicating approval and date of the same. A separate three-inch-by-five-inch blocked space shall also be provided on the final plan for the appropriate signature and/or seal which indicates the final plan was reviewed by the Luzerne County Planning Commission.

F. The latest source of title to the property as shown by deed, page number and book of the Luzerne County Recorder of Deeds Office.

G. The exact dimensions of all streets, including right-of-way and cartway; lot lines, areas and distances; utility and other easements; and all land to be dedicated to public use.

H. All lot lines shall be completely dimensioned in feet if straight, and if curved, by designating length of arc and radius (in feet) and central angle (in degrees, minutes and seconds). All internal angles within the lots shall be designated to the closest second.

I. The zoning district and the proposed building setback line or the proposed placement of each building shall be shown, and where corner lots are involved, the setbacks on both streets shall be shown.

§ 455-38 Additional material submitted with final plan.

[Amended 12-1-2004 by Ord. No. 16-2004]

The following material and information shall be submitted with the final plan:

A. Certification of ownership, certification of plan's compliance with all applicable terms and conditions provided by this chapter and/or the Planning Commission and any offer of dedication, if applicable, signed by the owner of the property and notarized.

B. Final application and required fee.

C. If applicable, a copy of the highway occupancy permit, as required by the Pennsylvania Department of Transportation and/or a noted condition upon the plan that no development or improvement to the site or parcels thereunder shall be undertaken until a highway occupancy permit is secured.

D. Copies of final deed restrictions, those existing and those to be included upon recording, if any.

E. All final covenants running with the land governing the reservation and maintenance of dedicated or undedicated land or open space.

F. Written certification from the Pennsylvania Department of Environmental Protection approving the required planning module and supporting accompanying data.

G. Written certification from the Luzerne County Conservation District approving the soil erosion and sedimentation control plan.

H. Final construction plans or as-built drawings of all sanitary sewer, water distribution and storm drainage systems, showing their exact location, size and invert elevations; the location of all manholes, inlets and culverts; and final profiles, cross sections and specifications for proposed streets, sidewalks, sanitary sewers, water distribution systems and storm drainage systems.

I. If any streets are not offered for dedication to public use, the applicant shall submit and record with the plan a copy of the agreement made and executed on behalf of the applicant, including his heirs or assigns, subject to review and approval by the City Solicitor and the Planning Commission Solicitor, establishing the conditions under which the streets may be later offered for dedication. Said conditions shall include, although not be limited to, that the subject streets shall conform to the City's design specifications at such time the offer of dedication is made or that the owners of the lots within the subject subdivision shall include with their offer of dedication sufficient funds, as estimated by the City Engineer, to provide the needed improvements required for conformance to the City's design specifications at the time of such dedication.

J. An agreement for any streets not offered for dedication, stating who shall be responsible for the improvements and maintenance of such streets. If a homeowners' association is deemed to be responsible, such association must be legally organized prior to approval of the final plan.

K. A financial security for the installation of required improvements, unless all such improvements are installed and completed to design specifications prior to final plan approval.

L. A financial security, if required by the Planning Commission for the maintenance of improvements.

M. The cost of all consulting fees and costs incurred by the City for the review of the application, plan and supporting information, data and/or reports or studies, including, but not limited to, any required impact analysis and site inspections to ensure compliance with the terms of approval and required improvements.