A.
The submission and review process for subdivision and land development
applications shall be in accordance with the following:
(1)
Sketch plan. Sketch plans are not required but are very strongly
encouraged for all types of major subdivisions and land developments
to facilitate the formal plan submission and review process.
(2)
Preliminary plans for major subdivisions/land developments. Major
subdivisions/land developments require preliminary and final approval.
Preliminary plans cannot be approved until all the requirements of
this chapter are satisfied by detail on the plans. Preliminary plan
approval authorizes the applicant to proceed to completion of the
subdivision/land development as detailed on the plans.
(3)
Final plans for major subdivisions/land developments. Final plans
for major subdivisions/land developments cannot be submitted until
all requirements for approval have been satisfied, and lots in the
subdivision cannot be sold until final plan approval is granted. The
applicant has the option of completing the improvements or providing
a financial guarantee for the completion.
(4)
Minor subdivisions/land developments. Minor subdivisions require
only final plan approval.
B.
The applicant or a duly authorized representative shall attend all
meetings where any submitted plan is on the agenda. No action will
be taken in the absence of the applicant or representative, and failure
of appearance shall constitute grounds for denial of the application
if the time for Township action is due to expire.
A.
Prior to submitting a major subdivision application or a land development application, the applicant is encouraged, but not required, to submit a sketch plan to the Planning Commission in accordance with the process and procedures set forth in § 109-28 of this chapter. The submission and review of a sketch plan shall not constitute the filing of an application for plan review and approval of a subdivision or land development. The purpose of the sketch plan is to:
(1)
Avoid costly revisions to detailed preliminary plans prepared before
a general consensus on the layout is reached with the Township.
(2)
Identify the overall objectives of the applicant's development using
a diagrammatic approach showing broad areas of development and broad
areas of potential conservation.
(3)
Assist applicants and officials to develop a better understanding
of the property.
(4)
Establish an overall design approach that respects its special or noteworthy features, while providing for the density permitted under Chapter 127, Zoning.
(5)
Ensure that the plan generally conforms with the provisions of this
chapter.
B.
Planning Commission may provide advice and comment on the necessary
requirements to achieve conformity to the standards and provisions
of this chapter and other applicable related regulations.
The applicant shall provide the following information to the
Administrator not less than 21 calendar days prior to the next regularly
scheduled meeting of Planning Commission:
B.
Fifteen prefolded copies of construction plans (if applicable).
C.
A completed subdivision or land development application with original
signatures and 14 copies of the same.
D.
A completed planning module, if applicable, as required by the Pennsylvania
Department of Environmental Protection and 15 copies of the same.
A.
The Administrator shall provide each member of the Planning Commission
and the Board of Supervisors with a copy of the complete set of plans
(preliminary or final), a copy of the subdivision/land development
application, and a copy of the DEP Planning Module.
B.
The developer or applicant shall distribute, as applicable, and provide
the Township with dated written verification of the same, copies of
complete sets of plans (preliminary or final), a copy of the application
and the DEP planning module to the following agencies and officials
for review, comment and approval, as:
(1)
The Luzerne County Planning Commission.
(2)
The Township Engineer.
(3)
The Township Planning Consultant.
(4)
The Township Solicitor.
(5)
The Township Sewage Enforcement Officer.
(6)
The Luzerne County Conservation District.
(7)
The applicable sewer authority.
(8)
The Pennsylvania Department of Transportation and/or the Luzerne
County Road and Bridge Department, if a proposed subdivision or land
development fronts upon or is to have access to a road under its jurisdiction.
(9)
The Pennsylvania Department of Environmental Protection.
(10)
The Wilkes-Barre Area School District.
(11)
Adjoining municipalities that have a common border with the
proposed subdivision and/or land development.
(12)
To any other agency as so directed by the Township.
C.
The developer or applicant shall be responsible to insure that copies
of the plan and supporting material are provided to all applicable
utility companies intended to service the site.
The Bear Creek Township Board of Supervisors shall not approve
any subdivision or land development plans or application until a report
containing the comments and recommendations of the Luzerne County
Planning Commission is 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 all review fees
required by the Luzerne County Planning Commission.
The Board of Supervisors, at its discretion, 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 based upon specific improvements,
the Board of Supervisors 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 all applicable
terms and all other requirements in granting approval; or
B.
Provision of a form of financial security, acceptable by the Board
of Supervisors, which assures and guarantees the subsequent installation
of all required improvements in accordance with the design standards
and specifications of this chapter and all other requirements in granting
approval.
A.
A major subdivision plan or a major land development plan (preliminary
or final) shall be submitted to the Bear Creek Township Planning Commission
for its review, comments and recommendation prior to its consideration
by the Board of Supervisors.
B.
The Board of Supervisors shall approve or reject a submitted plan
(preliminary or final) within 90 days following the date of the Township
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 Township.
C.
The Board of Supervisors 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 date of the
decision.
D.
When an application and plan (preliminary or final) is not approved
as submitted, the decision of the Board of Supervisors 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.
E.
As prescribed by the Pennsylvania Municipalities Planning Code, Act
247, as amended,[1] failure of the Board of Supervisors 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Any revisions to a preliminary plan or final plan which are independently initiated by the applicant or developer that alters or changes the character, density, design, layout and/or location of any proposed structures and/or improvements on the plans as originally submitted shall be deemed to be a new submission. Such will require the applicant or developer to submit a new application, plans, supporting documentation and applicable fees. In such cases, the Township shall provide the applicant or developer with written notice of the need to submit a new plan and require the applicant to formally withdraw the revised plan in writing. If the applicant or developer fails to do so, the Township shall act to formally disapprove the revised plan and communicate the same to the applicant or developer in accordance with § 109-24 of this chapter.
B.
Any revisions to a preliminary plan or final plan which are clearly
undertaken by the applicant or developer for the purpose of complying
with any conditions and/or additional requirements established by
the Planning Commission, Board of Supervisors or agency or entity
which holds jurisdiction over any aspect of the plan shall be accepted
as a revised plan. A revised plan which meets the above conditions
shall not be subject to the submission of a new application or the
payment of a new application fee to Bear Creek Township.
C.
All revised plans shall be accompanied by an itemized listing of
revisions to the plans and supporting documentation along with a narrative
that clearly explains the nature of the revisions. Such information
shall be prepared and certified by a professional engineer.
D.
Any revised plan under Subsection B may be resubmitted to the Luzerne County Planning Commission or to any other party noted within § 109-20B of this chapter, if the Board of Supervisors renders a determination that the nature of the revisions warrant any additional review. If such a determination is rendered, the applicant shall be responsible for any applicable required fees.
A.
The applicant shall record the final plan as approved by the Board
of Supervisors 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 Board of Supervisors. Failure by the applicant
to record the final plat within the 90 days, or an approved extension
of the time period, will result in the 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 an approval signature by the Board
of Supervisors, along with an appropriate signature and/or seal that
it has been reviewed by the Luzerne County Planning Commission.
C.
Within 30 days from the date on which the final plan is recorded,
the applicant shall furnish to the Township 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 Board of Supervisors 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. A total of 25% of the proposed number of
dwelling units must be included within Phase I. The Board of Supervisors
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 Board of Supervisors
shall be granted concurrently with final approval of the plan.
