A.
The final plan shall be reviewed 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 Board of Supervisors as a condition of granting approval of the preliminary plan. A narrative report listing of all changes and the basis for each change shall be submitted with the final plan. In the event of any changes, the procedures and requirements outlined in § 109-25 of this chapter shall apply.
B.
The applicant shall submit the final plan within one year from the
date of the approval of the preliminary plan by the Board of Supervisors,
unless an extension in writing has been approved by the Board of Supervisors.
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.
The Board of Supervisors shall consider the reports, comments and recommendations as provided in § 109-20B of this chapter. The Board of Supervisors shall render a decision in conformance with § 109-24 of this chapter. The following constitutes the type of action the Board of Supervisors may take:
A.
The Board of Supervisors may disapprove the final 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. The Board of Supervisors shall provide written notification to the applicant, in conformance to § 109-24 of this chapter.
B.
The Board of Supervisors may approve the final plan as submitted. Such approval by the Board of Supervisors shall allow the applicant to file said final plan with the Luzerne County Recorder of Deeds Office. The Board of Supervisors shall provide written notification to the applicant, in conformance to § 109-24 of this chapter.
The final plan of a proposed subdivision or land development shall labeled as such and shall be subject to the drafting standards and requirements as set forth in § 109-31 of this chapter.
The final plan shall include all additional information and any changes required by the Board of Supervisors in granting approval of the preliminary plan. It shall not be necessary to resubmit all supporting data, required under the preliminary plan, provided there have been no changes. In the event of any changes, the procedures and requirements outlined in § 109-25 of this chapter shall apply. The following additional information shall be included on the final plan:
A.
Drawings and/or plans shall be titled "Final Plan."
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 10,000 feet.
C.
The location and material of all permanent monuments and lot markers.
D.
Written certification by the responsible qualified professional (see definition in Article II, which attests to the accuracy of the survey and compliance with the applicable provisions of this chapter).
E.
A block for the signatures of the Chairman and Secretary of the Planning
Commission indicating the date of its recommended approval of the
final plan.
F.
A block for the signatures of the Chairman of the Board of Supervisors
and the Township Secretary indicating the date of approval of the
final plan.
G.
A block for the signatures and/or seal of the authorized persons
of the Luzerne County Planning Commission indicating its review of
said plan.
H.
The latest source of title to the property as shown by deed, page
number and book of the Luzerne County Recorder of Deeds Office.
I.
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.
K.
Final profiles along the top of the cartway (pavement) center line
showing existing and final grade lines and printed elevations of the
final grade line at fifty-foot intervals, unless otherwise required
by this chapter.
L.
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.
M.
The zoning district or districts, delineated upon the Plan, along
with the required building setback line and/or the proposed placement
of each building shall be shown, and where corner lots are involved,
the setback lines on both streets shall be shown.
N.
All existing and offers of dedication and/or reservation of rights-of-way
and land areas with conditions attached.
O.
If applicable, the number of the approved highway occupancy permit
(Township, state or county) and date of issuance or the notation that
deed restrictions prohibit development or improvements to the site
or parcels to be created thereunder until the appropriate highway
occupancy permit is secured.
P.
A space shall be provided on the lower edge of the final plan for
acknowledge of receipt and recording of the plan by the Luzerne County
Recorder of Deeds Office.
Q.
The following items and notes, as applicable shall be on all final
plans.
(1)
"Wells and sewage disposal systems shall be constructed in accord
with the current standards of the Pennsylvania Department of Environmental
Protection."
(2)
"Individual owners of lots must apply to the Township for a sewage
permit prior to the construction of any on-lot sewage disposal system."
(3)
"In granting this approval, the Township has not certified or guaranteed
the feasibility of the installation of any type of well or sewage
disposal system on any individual lot shown on this plan."
(5)
In the event the subdivision incorporates a private access street
as defined in this chapter, the following note shall be provided:
"The improvement and maintenance of any private access street shall
be the sole responsibility of those persons benefiting from the use
thereof."
(6)
"Highway occupancy permits are required for access to roads under
the jurisdiction of the Pennsylvania Department of Transportation
pursuant to the State Highway Law (P.L. 1242, No. 428, § 420)."
(7)
In the case where wetlands are present, the following note shall
be provided: "The Developer and/or the lot purchaser(s) assumes full
responsibility for obtaining any local, state, and federal permits
and/or approvals relating to wetlands. Approval by the Board of Supervisors
shall not in any manner be construed to be an approval of compliance
with statutes or regulations relating to wetlands. Bear Creek Township
shall have no liability or responsibility for the same to the Developer
or purchaser(s)."
(8)
When on-site subsurface sewage disposal is proposed, the following
note shall be provided: "This approval in no way certifies or guarantees
the suitability of any lot for the installation of a subsurface sewage
disposal system. The PA DEP planning conducted as part of the subdivision
plan approval process is for general suitability only; and, a sewage
permit will be required prior to the issuance of any building permit."
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 required by this chapter and/or
the Board of Supervisors 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 Bear Creek Township, the Pennsylvania Department of Transportation
and/or the Luzerne County Road and Bridge Department, or the deed
restriction that prohibits development or improvements to the site
or parcels to be created thereunder until the appropriate 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 any supporting
data.
G.
Written certification from the Luzerne County Conservation District
approving the Soils Erosion and Sedimentation Control Plan.
H.
Final construction plans and subsequent "as built" drawings of all
improvements, including but not limited to sanitary sewers, 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, with written certification from the applicant's
engineer which notes that the above plans and/or drawings are in compliance
with the applicable governing design standards and/or have been installed
in compliance with said plans or drawings. The submission of the above
referenced "as built" drawings shall precede the release of any remaining
funds placed as a financial security by the developer.
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 by the Township's Solicitor and approval
by the Board of Supervisors, establishing the conditions under which
the streets may be later offered for dedication. Said conditions shall
include, although not limited to, that the subject streets shall conform
to the Township'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 Township Engineer, to provide the needed
improvements required for conformance to the Township'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, in accordance with § 109-51 of this chapter, subject to the approval by the Planning Commission, 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 for the maintenance of improvements, in accordance with § 109-57 of this chapter.
M.
If applicable, written certification from the applicable Sanitary
Authority granting final approval for the acceptance of the conveyance
of sewage for treatment and disposal from the proposed subdivision
and/or land development.
N.
Written certification from the appropriate public utility company
which authorizes and approves the provision of water, gas and electrical
service for the proposed subdivision and/or land development.
O.
Any required permits and/or approvals from either the U.S. Army Corps
of Engineers or the Pennsylvania Department of Environmental Protection
for site development activities which disturbs, affects and/or crosses
delineated wetlands.
P.
Written agreement.
(1)
An executed written agreement under which the applicant agrees to
fully reimburse the Township for any and all consulting fees incurred
resulting from the review of plans, applications and supporting information,
data and/or reports or studies, including but not limited to, any
required impact analysis and site inspections of the property to insure
compliance with the terms of approval and required improvements.
(2)
In providing for such an agreement, the Board of Supervisors, at
its discretion, may require the applicant to establish an escrow account
in a manner arranged for the Township's withdrawal of funds for the
payment of consulting fees incurred by the Township.
The applicant shall record the final plan in accordance with the requirements as set forth in § 109-26 of this chapter.
