[Ord. 86-5, 1/14/1987; as amended by Ord. 1989-4, 6/13/1989]
A.
Classification of Subdivision.
1.
Whenever any subdivision of land or land development is proposed,
before any contract is made for the sale of any part thereof, and
before any permit for the erection of a structure in such proposed
subdivision or land development shall be granted, the owner, or his
authorized agent, shall apply for and secure approval of such proposed
subdivision or land development in accordance with the following procedures
for subdivision and land development.
B.
Pre-Application Consultation.
1.
Prior to filing an application for approval of a subdivision or land
development within Township of Kingston, the owner or his authorized
agent shall meet with the Zoning Officer for an official classification
of his proposed subdivision or land development. The Zoning Officer
shall determine whether the proposal shall be classified as a minor
subdivision, a major subdivision or a land development. At this time,
the Zoning Officer shall advise the owner or his authorized agent
as to which of the procedures contained herein must be followed.
C.
Official Filing Date.
1.
For the purpose of these regulations, the official filing date shall
be the date of the regular meeting of the Planning Commission next
following the date the application and plans are received in the Municipal
Building. Provided that should said regular meeting occur more than
30 days following the submission of the application, the official
filing date shall be the 30th day following the day the application
has been submitted.
2.
Subdivision plans must be submitted at least three weeks in advance
of the Regularly Scheduled Planning Commission meeting.
3.
Upon receipt of an application for subdivision or land development
approval the Zoning Officer shall affix to the application both the
date of submittal and the official filing date.
D.
Luzerne County Planning Commission Review.
1.
All plans shall be submitted to and reviewed by the Luzerne County
Planning Commission in accordance with its then prevailing rules and
regulations. The Township of Kingston shall forward to the subdivider
a copy of any report of the County Planning Commission.
[Ord. 86-5, 1/14/1987; as amended by Ord. 1989-6, 11/8/1989;
and by Ord. 94-16, 11/9/1994]
A.
All filing, inspection and engineering fees shall be submitted to
the Township of Kingston.
B.
Plan Filing Fee. A filing fee shall accompany the preliminary plan.
No application shall be accepted or acted upon unless payment is made
to the Township of Kingston. The Board of Supervisors shall create
by resolution a schedule of fees to be paid by the subdivider or land
developer to defray the cost of administering and processing of plans.
The schedule of fees may be changed from time to time by resolution
of the Board of Supervisors.
C.
Review Fees.
1.
Review fees shall include the reasonable and necessary charges by
the Township's professional consultants or engineer for review and
report to the Township, and shall be set by resolution. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Township engineer or consultant for similar service
in the community, but in no event shall the fees exceed the rate or
cost charged by the engineer or consultant to the Township when fees
are not reimbursed or otherwise imposed on applicants.
2.
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Township that such fees are disputed, in which case the Township
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
3.
In the event that the Township and the applicant cannot agree on
the amount of review fees which are reasonable and necessary, then
the fees shall be recalculated and recertified by another professional
engineer licensed as such in this commonwealth and chosen mutually
by the Township and the applicant or developer. The estimate certified
by the third engineer shall be presumed fair and reasonable and shall
be the final estimate. In the event that a third engineer is so chosen,
fees for the services of said engineer shall be paid equally by the
Township and the applicant or developer.
[1]
Editor's Note: Former § 303, Minor Subdivision Procedure
(Ord. 86-5, 1/14/1987), was repealed 12/12/2018 by Ord. No. 2018-3.
[Ord. 86-5, 1/14/1987; as amended by Ord. 2003-5, 5/14/2003]
A.
Sketch Plan. Prospective subdividers and developers are strongly
urged to discuss possible development sites with the Planning Commission
prior to submission of a preliminary plan. A sketch plan shall be
presented for review not less than 10 days prior to the regular meeting
of the Planning Commission at which it is to be considered. Submission
of a sketch plan will not constitute a formal filing of a subdivision
or land development plan with the Board of Supervisors. Sketch plans
should include those items listed in Part 4, Plan Requirements.
B.
Preliminary Plan.
1.
Submission of Preliminary Plans.
(a)
The preliminary plan and all information and procedures relating
thereto shall in all respects be in compliance with the applicable
provisions of this chapter. It is the responsibility of the subdivider
or developer to coordinate his plans with the respective private and
public service agencies.
(b)
The application form shall be accompanied by the requisite fee
as set forth in § 302 of this chapter and by not less than
three copies of all required material and not less than nine prints
of the preliminary plan of the subdivision or development as required
by Township resolution from time to time. Plans must be submitted
at least three weeks in advance of meetings.
(c)
The applicant shall forward two copies of the preliminary plans
and two copies of the required materials to the Luzerne County Planning
Commission and such other agencies as he deems appropriate for review
and comment.
[Amended by Ord. No. 2018-3, 12/12/2018]
(d)
The Zoning Officer shall forward the remaining copies of the
preliminary plan and required materials to the Planning Commission.
[Amended by Ord. No. 2018-3, 12/12/2018]
(e)
When applicable, the application form shall be accompanied by
a Planning Module for Land Development, as required by the Pennsylvania
DEP.
[Amended by Ord. No. 2018-3, 12/12/2018]
(f)
The application form shall be accompanied by one copy of the
current deed of record for each parcel of land being subdivided or
affected by the proposed land development.
(g)
The applicant shall submit one copy of the preliminary plan
to DAMA for review and request approval from DAMA.
[Added by Ord. No. 2018-3, 12/12/2018]
2.
Review of Preliminary Plans.
(a)
In cases where the subdivision or land development adjoins an
existing or proposed state highway or has proposed streets entering
on to state highways, the developer shall submit the plans to the
Pennsylvania Department of Transportation for review.
(b)
The Planning Commission will consider the plan to determine
if it meets the standards set forth in this chapter and the Township
Zoning Ordinance.
(c)
The Planning Commission shall act on the Preliminary Plan within
60 days of the official filing date, but in any event shall act on
the plan in time for the Board of Supervisors to render their decision
within 90 days from the official filing date. In the event that any
variance from this chapter is requested by the applicant or is deemed
necessary for approval, the variance and the reasons for its necessity
shall be entered into the records of the Board of Supervisors.
3.
Planning Commission Recommendation.
(a)
The Planning Commission shall recommend whether the Preliminary
Plan shall be approved, approved with modifications, or disapproved,
and shall notify the Board of Supervisors in writing thereof, including,
if disapproved, a statement of reasons for such action.
(b)
In making its recommendation, the Planning Commission shall
consider the recommendations of the Zoning Officer, Township staff,
DAMA, the Luzerne County Planning Commission, interested residents,
and the recommendations of any agency or agencies from which a review
was requested under § 304B1(c) of this chapter.
[Amended by Ord. No. 2018-3, 12/12/2018]
4.
Zoning Officer Review.
(a)
All plans shall be reviewed by the Zoning Officer, which approval
shall precede the transmission of such plans to the Board of Supervisors.
5.
Resubmission of Preliminary Plans.
(a)
A revised plan submitted after disapproval shall be considered
and processed as a new plan submission.
6.
Approval of Preliminary Plans.
(a)
The Board of Supervisors shall act on the preliminary plan within
90 days of the official filing date. Failure to do so shall be deemed
an approval. Before acting on a preliminary plan, the Board of Supervisors
may hold a hearing thereon after public notice and deliberation.
[Amended by Ord. No. 2018-3, 12/12/2018]
(b)
The Board of Supervisors shall notify the applicant of its decision
to approve, approve with conditions, or disapprove the preliminary
plan in writing. Such notice shall be given to the applicant in person
or mailed to him at his last known address not later than 15 days
following the decision. If the plan is approved with conditions or
disapproved, the Board of Supervisors shall specify in their notice
the conditions which must be met and/or the defects found in the plan,
and the requirements which have not been met, including specific reference
to provisions of any statute or ordinance which have not been fulfilled.
(c)
Approval of the preliminary plan 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 subdivider
or developer to the general scheme of the subdivision shown, unless
a revised preliminary plan is submitted, and permits the subdivider
to proceed with final detailed design of improvements, to arrange
for guarantee to cover installation of the improvements, and to prepare
the final plan. Approval of the preliminary plan does not authorize
the sale of lots nor the recording of the preliminary plan.
(d)
No grading shall take place before preliminary approval is given
to the plans submitted to the Board of Supervisors.
C.
Final Plan.
1.
Submission of Final Plans.
(a)
After the subdivider or developer has received official notification
from the Board of Supervisors that the preliminary plan has been approved,
he must submit a final plan in accordance with the provisions of § 508
of the Municipalities Planning Code.
(b)
The final plan shall conform in all respects with the approved
preliminary plan. If it does not, the plan submitted shall be considered
as a revised preliminary plan and shall be forwarded by the Zoning
Officer to the Planning Commission for review and recommendation as
a preliminary plan.
(c)
The subdivider or developer must submit with the final plan
a guarantee for the installation of improvements which meets the requirements
of Part 6.
(d)
The application form shall be accompanied by the requisite inspection
and engineering fees as set forth in § 302C.
(e)
Documented approval of the Planning Module for Land Development
by the Pennsylvania DEP shall be part of the requisite materials accompanying
the final plan submission.
[Amended by Ord. No. 2018-3, 12/12/2018]
(f)
The subdivider or developer shall submit a reproducible original
of the plans, nine prints of the final subdivision or land development
plans and at least three copies of all other required information.
(g)
Upon receipt of the final plan, the Zoning Officer shall forward
the original plans and six copies of the plans and two copies of all
other material to the Luzerne County Planning Commission for review
and recommendation; two copies of the original plan and two copies
of all other materials to the Luzerne County Conservation District
for review and comments; two copies of the original plans and two
copies of all other material to the Luzerne County Planning Commission;
two copies of the original plans to Dallas Area Municipal Authority;
and two copies of the original plans and all other materials to such
other agencies whose recommendations would be pertinent to the processing
of the plan. All copies of original plans and other materials must
be delivered to Luzerne County Planning Commission and, if applicable,
to the Luzerne County Engineering Department by the applicant. All
copies of the original plans and other materials must be delivered
to Dallas Area Municipal Authority by the applicant.
[Amended by Ord. No. 2018-3, 12/12/2018]
2.
Review of Final Plans.
3.
Planning Commission Recommendation.
(a)
The Planning Commission shall recommend whether the final plan
shall be approved, approved with modifications, or disapproved, and
shall notify the Board of Supervisors in writing thereof, including,
if approved with modifications or disapproved, a statement of reasons
for such action.
(b)
In making its recommendation, the Planning Commission shall
consider the recommendations of the Zoning Officer and staff, DAMA,
the Luzerne County Planning Commission, the Luzerne County Conservation
District, PennDOT, and the recommendations of any agency or agencies
from which a review was requested under § 304C1(g) hereof.
[Amended by Ord. No. 2018-3, 12/12/2018]
4.
Zoning Officer Review.
(a)
All plans shall be reviewed by the Zoning Officer, which approval
shall precede the transmission of such plans to the Board of Supervisors.
5.
Resubmission of Final Plans.
(a)
A revised plan submitted after disapproval shall be considered
and processed as a new plan submission.
6.
Approval of Final Plans.
(a)
The Board of Supervisors will not take official action to approve
a final plan unless it is accompanied by a guarantee for the installation
of improvements which meet the requirements of Part 6.
(b)
A requirement that the land developer show a current certificate
of liability insurance for a minimum of $1,000,000 with Kingston Township
named as co-insured, before any construction work begins, and for
the duration of the project.
(c)
The Board of Supervisors shall take action within 90 calendar
days from the official filing date of the final plan. Failure to do
so shall be deemed an approval.
(d)
The Board of Supervisors shall notify the applicant in writing
of its decision to approve, approve with conditions, or disapprove,
the final plan. Such notice shall be given to the applicant in person
or mailed to him at his last known address not later than 15 days
following the decision. If the final plan is disapproved, the Board
of Supervisors shall specify the defects found in the plan and the
requirements which have not been met, including specific reference
to the provisions of any statute or ordinance which have not been
fulfilled.
(e)
If the final plan is approved subject to conditions, the Board
of Supervisors shall not endorse the plan until all of the conditions
have been met.
(f)
If the Board of Supervisors approves the final plan or grant
a conditional approval, they shall set the amount of bonding or other
security necessary to guarantee the construction of improvements and
community facilities and shall state such amount in the notice to
the applicant.
(g)
When an application for approval of a plat, whether preliminary
or final has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in the
zoning, subdivision or other governing ordinance or plan shall be
applied to affect adversely the right of the applicant to commence
and to complete any aspect of the approved development in accordance
with the terms of such approval within five years from such approval.
(h)
Where final approval is preceded by preliminary approval, the
aforesaid five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of the governing ordinances or plans as they stood at the time when
the application for such approval was duly filed.
7.
Recording of Final Plans.
(a)
Upon approval of the final plan, the subdivider or developer
shall prepare one transparent reproduction of the original final plan
on stable plastic base film and no less than four prints thereof which
shall be submitted to the Township of Kingston not later than 30 days
after approval. These plans, upon satisfaction of all conditions attached
to the approval, will be signed by the Board of Supervisors. A copy
of the signed final plan shall be recorded in the office of the Luzerne
County Recorder of Deeds within 90 days after approval of the final
plan or the approval of the Board of Supervisors shall be null and
void. The final plan must be recorded before proceeding with the sale
of lots or construction of buildings.
(b)
Recording the final plan shall be an irrevocable offer to dedicate
all streets and other public ways to public use, and to dedicate or
reserve all park reservations and other public areas to public use
unless reserved by the subdivider as hereinafter provided. The approval
of the final plan shall not impose any duty upon the Board of Supervisors
or Township of Kingston concerning maintenance or improvements by
ordinance or resolution.
(c)
The subdivider shall place a notation on the final plan if there
is no offer of dedication to the public of streets and certain designated
public areas, in which event the title to such areas shall remain
with the owner, and the Township of Kingston shall assume no responsibility
for improvement or maintenance thereof; which fact shall be noted
on the final plan.
D.
Lot Ownership Transfer. Upon initial transfer of land ownership from
the developer and or landowner to purchaser(s), a complete set of
final subdivision plans shall be provided to the purchaser(s).
