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Planning Commission's conditional approval shall be deemed rescinded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.
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.
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.
[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.