The City of Pittston requires the submission of the following
for any subdivision and for any land development plan:
A.
Sketch plan (optional). The purpose of this plan is to provide an
opportunity for the applicant/developer and the City Planning Commission
to review the intended subdivision or land development plan prior
to the preparation of extensive engineering drawings and to allow
for comments and recommended modifications prior to preparation of
a preliminary plan. A sketch plan shall not constitute an official
submission to the City.
B.
Preliminary plan. A preliminary map or plan of a subdivision or land
development, including all required supplementary data, in lesser
detail than the final plan, showing approximate proposed street and
lot layout as a basis for consideration prior to preparation of a
final plan.
C.
Final plan. A complete and exact map or plan of a subdivision or
land development, including all required supplementary data, prepared
for official recording as required by statute, to define property
rights and proposed streets and other improvements.
D.
Plan of record. The copy of the final plan which contains the required
endorsements and which is recorded with the City of Pittston Recorder
of Deeds.
A.
Procedures. The applicant/developer shall submit to the City Administrator's
office 13 copies of the application for review of the preliminary
subdivision plan or the preliminary land development plan. Upon receipt
by the City Administrator's office, the entire application shall be
carefully checked for completeness of submission and the correct number
of copies. If the submission is complete in all respects, including
the payment of all fees, the Zoning Officer shall issue a dated receipt
for the preliminary plan to the applicant/developer, with copies of
said receipt being forwarded immediately to the City Planning Commission.
Immediately, or as soon thereafter as is possible, upon acceptance
of the preliminary plan and any attachments thereto, the Zoning Officer
shall forward copies of the preliminary plan to the following:
(1)
The City Council: one copy.
(2)
The City Planning Commission: five copies.
(3)
The City Engineer: one copy.
(4)
The City Planner: one copy.
(5)
The Fire Marshal: one copy.
(6)
The Wyoming Valley Municipal Water and Sewer Authority: one copy.
(7)
The City of Pittston staff: one copy.
(8)
The Luzerne County Planning Commission: two copies.
B.
Review.
(1)
Review by the City Engineer. The City Engineer shall review said
plan, including all engineering considerations therein, and shall
prepare a report addressed to the City Planning Commission and to
the City Council with such findings.
(2)
Review by the City Planner. If the preliminary plan requires review
by the City Planner in relation to the Comprehensive Plan of the City,
the Zoning Officer or Chairman of the Planning Commission may direct
that such a review and report be prepared and submitted to the Planning
Commission.
(3)
Review by the City Planning Commission.
(a)
The City Planning Commission shall, at a regularly scheduled
meeting, place the preliminary plan on its agenda for review or for
subsequent review if additional review time is necessary. In the review
and analysis of the preliminary plan, the Planning Commission may,
at its option, refer special technical or legal questions to the City
Solicitor, City Engineer or the City Planner for specific advice on
such technical matters. The applicant/developer is required to attend
any public meeting of the Planning Commission during which the preliminary
plan is to be reviewed.
(b)
The City Planning Commission shall prepare and submit in writing
to the City Council its review and recommendations for the preliminary
plan in consideration of the requirements of this chapter and any
reports, engineering data, technical or legal information received.
The review of the preliminary plan by the City of Pittston Planning
Commission shall be attached to the report forwarded to the City Council.
(4)
Review and action by the City Council.
(a)
Upon receipt of the preliminary plan report from the City Planning
Commission, the City Council shall schedule the preliminary plan on
the agenda of a regular meeting. The City Council shall render its
decision and communicate this decision to the applicant/developer
not later than that time required by the Pennsylvania Municipalities
Planning Code, as may be amended from time to time.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(b)
The City Council shall make all final decisions regarding approval,
disapproval or conditional approval of any preliminary plan. In its
evaluations, the City Council shall give consideration to this chapter
and the City Planning Commission report, the City Engineer's report
and any other pertinent data related thereto. The decision of the
City Council shall be in writing and shall be delivered to the applicant/developer
personally or by certified mail within 15 days of such decision.
(c)
If the preliminary plan is not approved, the denial shall set
forth the specific reasons for disapproval and the manner in which
the application can be corrected or modified to obtain the required
approval. If the preliminary plan is approved or approved with conditions,
the written approval shall notify the applicant/developer of any conditions
of approval and that he may submit a final subdivision plan or final
land development plan within 180 days. Where the applicant's written
concurrence is not received within the allotted time, the Council
shall be deemed to have denied approval. Said final plan may be submitted
in its entirety or in sections, provided that approved preliminary
plans for which a final plan has not been received will become null
and void three years after the date of preliminary plan approval.
C.
Public hearing. The City Council may, at its discretion, schedule,
advertise and hold a public hearing for any preliminary subdivision
plan submitted under this chapter.
D.
Time extensions. In many complex major subdivision and land development
plans, there is frequently a need to extend the ninety-day period
prescribed by law for rendering a decision, particularly when a public
hearing is deemed desirable and when technical changes to the plan
are required. Such an extension may be agreed upon by the City and
the applicant/developer, provided that such agreement is in writing
and is approved by all parties.
E.
As required by the State Municipalities Planning Code, all applications
for approval of a plat, whether preliminary or final, shall be acted
upon by the governing body or the planning agency within such time
limits as may be fixed in this chapter, but the governing body or
the planning agency shall render its decision and communicate it to
the applicant not later than 90 days following the date of the regular
meeting of the governing body or the planning agency (whichever first
reviews the application) next following the date the application is
filed, provided that, should the said next regular meeting occur more
than 30 days following the filing of the application, the said ninety-day
period shall be measured from the 30th day following the day the application
has been filed.
A.
Where a land development plan includes improvements or in the case
of a major subdivision, the developer may submit a sketch plan for
informal review. A minimum of five paper copies of a sketch plan should
be submitted to the Planning Commission in accordance with the provisions
of this section.
B.
Such sketch plan will be considered as submitted for informal review
and discussion and shall not constitute formal filing of the plan
with the City.
C.
As far as may be practical on the basis of the sketch plan review
and discussion, the City will informally advise the developer as promptly
as possible of the extent to which the proposed land development conforms
to the design standards of these regulations and will discuss possible
plan modifications necessary to secure conformance. The subdivider
will at this time be required to submit a preliminary plan for Commission
review.
D.
Sketch plan contents. Sketch plans will contain the location of the
property lines, existing and proposed rights-of-way, a general outline
of the intended subdivision or land development plan, existing physical
features, and whatever other information the applicant deems useful.
Submission requirements for major subdivision and land development
plans. Each preliminary plan shall be labeled as such and show the
following or be accompanied by such supplementary information:
A.
The name and address of the applicant/developer and the name and
address of the legal owner; the proposed legal name of the major subdivision
or land development as it is to be recorded; and the name and address
of the registered professional engineer, land surveyor or registered
architect responsible for preparation of the plan.
B.
Proof of ownership, including a copy of the existing deed.
C.
A location map (at a scale no greater than one inch equals 2,000
feet) or key map showing the location of the site or portion of the
site to be subdivided or developed; all property lines, streets, roads
and other subdivisions or land development within 2,000 feet of all
boundaries of the site; zoning within such areas; and Tax Map parcel
of lots to be subdivided.
D.
A full data column which shall include the following: acreage of
the site; acreage of the site by zoning district; front yard, side
yard, rear yard, lot width and minimum lot area requirements and standards
proposed; dwelling units by type permitted under zoning and proposed
dwelling units by type; types of exterior materials to be used for
construction or renovation of existing buildings; permitted density
and proposed density by type of dwelling unit; combined overall dwelling
unit density for the site; area for easements, streets and open space
by type, i.e., public or private; proposed square footage or area
of nonresidential uses; and required and proposed off-street parking
and loading spaces for intended uses.
E.
The proposed method of providing public or private water supply and
sanitary sewage disposal methods, and written certification from the
Municipal Authority showing satisfactory provision of the above at
the time of submission of the final plan.
F.
Existing physical or other features, including but not limited to
the following:
(1)
A physical survey of the parcel to be subdivided or developed, showing
all courses in degrees, minutes and seconds; distances to hundredths
of a foot; physical area; monuments; existing easements and rights-of-way.
Total tract boundaries must be shown. Bearings must be shown at not
less than nearest 10 seconds.
(2)
Contours of the entire tract at not less than two-foot intervals
based on United States Coast and Geodetic Survey datum.
(3)
The location of, names and widths of streets, curbs and pavement,
public or private; all property lines; and names of owners of tracts
or parcels located within 200 feet of the site.
(4)
Zoning districts shall be delineated on the plan.
(5)
All storm drainage, sanitary sewer, public water supply lines, and
other utilities within 400 feet of the site, and ownership or maintenance
responsibilities for the same.
G.
The preliminary plan sheets shall be drawn at a scale no greater
than one inch equals 50 feet so that the maximum sheet size should
not exceed 24 inches by 36 inches. All sheets submitted shall be consecutively
numbered and shall be of the same size, where possible. Appropriate
sheets shall contain required signature blocks. All sheets shall show
the scale, date prepared, North point, appropriate legends by symbols
or words, any notes explaining features of the sheet or plan and appropriate
blocks for revisions to each such sheet.
H.
The proposed layout of the major subdivision or land development
area, including, where appropriate for either, the following:
(1)
The layout of streets, including width of the streets, alleys and
crosswalks, and soils data.
(2)
The layout and proposed dimensions of lots.
(3)
The arrangement of buildings, fire zones and parking/loading areas
in commercial and multifamily developments, with all necessary dimensions.
(4)
A plan for the surface drainage of the tract to be subdivided, including
all stormwater control facilities, and a stormwater drainage control
report. A plan to control erosion during and after the construction
period shall be required.
(5)
Typical cross sections and center-line profiles for each proposed
street shown on the preliminary plan. These plans may be submitted
as separate sheets.
(6)
Lots for which other than a residential use is intended.
(7)
A plan of proposed planting, showing the locations of street trees
and the landscape treatment for entrances, for areas of abutting property
and required buffer strips.
(8)
For subdivisions, the total area, number of lots, lot area for each
lot and length of proposed streets shall be noted on the plan, and
each residential and nonresidential lot shall be numbered.
(9)
Building setback lines, established by zoning or other ordinances.
(10)
Rights-of-way and/or easements proposed to be created for all
drainage purposes, utilities, access or other reasons.
(11)
Where the preliminary plan covers only a part of the applicant's
entire holding, a sketch shall be submitted of the prospective street
layout for the remainder.
(12)
Details of proposed ingress and egress at points of intersection
with existing City or state roads, including a notation on the plan
showing the horizontal sight distance available at each such intersection
for vehicles leaving the site.
(13)
Proposed lighting at identified external intersections and interior
lighting plans for internal parking areas.
I.
Must submit a cost estimate by item of required improvements.
J.
Preliminary plan application fee and required fee for Luzerne County
Planning Commission review.
K.
A copy of the application for a highway occupancy permit, if applicable,
as required by the Pennsylvania Department of Transportation and/or
the Luzerne County Road and Bridge Department.
L.
Construction plans, which include, where applicable, preliminary
design, preliminary profiles, typical cross sections and specifications
for the construction or installation of streets, sidewalks, sanitary
sewers, sewage treatment facilities, storm drainage facilities, waterlines,
bridges or culverts.
(1)
Cross sections for proposed streets and sidewalks shall be provided
at intervals of 50 feet and at intersections and the limits of work.
(2)
Engineering design of proposed bridges or culverts shall be prepared
in conformance with the latest Pennsylvania Department of Transportation
design manuals.
(3)
Engineering design of a proposed central sewage system and/or central
water supply and distribution system shall be accompanied by all permit
applications for all respective utilities.
M.
Any offers of dedication of proposed improvements, signed by the
owner of the property and properly notarized.
N.
A sewage planning module and all accompanying data as required by
the Pennsylvania Department of Environmental Protection.
O.
A copy of the soil erosion and sedimentation control plan, application
and related information as required by the Luzerne Soil Conservation
District.
P.
Stormwater management plans, including drawings of present and proposed
contours, stormwater runoff data and facilities for stormwater drainage.
Q.
In case of delineation of wetlands, the wetland boundaries, as provided
by the developer, must be verified by either the U.S. Army Corps of
Engineers or the Pennsylvania Department of Environmental Protection
based upon a jurisdictional determination of said agencies.
R.
An executed written agreement under which the applicant agrees to
fully pay for any and all consulting fees resulting from the review
of plans, applications and supporting information, data and/or reports
or studies required by the City Council. In providing for such an
agreement, the City Council, at its discretion, may require the applicant
to establish an escrow account in a manner arranged for the City's
withdrawal of funds for the payment of consulting fees incurred by
the City.
A.
Procedures. The review of final plans shall be identical to the procedures
outlined in the preliminary plan review section, except as follows:
(1)
Any changes, conditions or modifications noted at the time of approval
of the preliminary plan shall be incorporated on the final plan.
(2)
After review of the final plan and upon certification by the City Engineer that all changes required as a condition of the final plan approval have been made, the applicant/developer shall submit record plans as specified in § 430-14 of this chapter.
(3)
In accordance with the provisions of Section 509 of the Municipalities
Planning Code,[1] a final plan shall not be signed or recorded by the City Council until the City has received a corporate bond, performance bond or other security acceptable to the City in an amount equal to that as outlined by the Pennsylvania Municipalities Planning Code. The City Solicitor shall review and advise the Council as to the acceptability of such security. (See Article V, § 430-39.)
[1]
Editor's Note: See 53 P.S. § 10509.
B.
Submission requirements for major subdivision and land development plans. The final plan submission requirements shall be identical to the preliminary plan submission requirements outlined in § 430-10, except that all data shall be in final form, and the following additional information shall be required:
(1)
Construction and improvement drawings in final detail for drainage;
street construction; grading; landscaping; lighting, where required;
erosion control; water supply and fire hydrants; sanitary sewers;
and appurtenances. Plans, profiles and cross sections shall be included.
(2)
Evidence of approval of the stormwater management plan reviewed by
the Luzerne Soil Conservation District, sedimentation and erosion
control plans and the required permits, as received from the Pennsylvania
Department of Environmental Protection, shall be submitted to the
City before building permits will be issued. In the event there is
any required change by the Department of Environmental Protection
of said plans, the City Engineer shall be so notified in writing,
and a complete resubmission of the final plan shall be required.
(3)
Open space maintenance agreements and agreements related to any nonprofit
association shall be submitted to and approved by the City Solicitor
as a condition of final plan approval.
(4)
Forms for petition or dedication, if any, may be obtained from the
City Administrator's office.
A.
The record plan shall be a clear and legible black-line print or
original on white linen. Three such linens and one paper print, being
an exact duplicate of the approved final plan, shall be submitted.
The recorded plan shall show the following:
(1)
The seals and signature of the professional who prepared and approved
the plan.
(2)
Corporate seals, where required.
(3)
Notarized statement of the owner's intent.
(4)
The City of Pittston's Seal.
(5)
Certification of ownership and desire to record the plan.
(6)
The required signatures of City and City Planning Commission officials,
including the City Engineer.
(7)
Additional certifications as may be required for offers of dedication,
guaranties and warranties.
(8)
The applicant shall have applied for all required permits from agencies
having jurisdiction over ancillary matters necessary to effect the
subdivision or land development, such as Pennsylvania Departments
of Transportation and Environmental Protection, Public Utility Commission,
and other applicable federal, state, county or municipal agencies.
(9)
Any conditions imposed by the City. Such conditions include but are
not limited to total acreage, zoning, index of support, including
notes or conditions, and any other information required by the City
specific to the subdivision or land development.
B.
The record plan shall be filed in the office of the Recorder of Deeds,
County of Luzerne, Pennsylvania, within 90 days of final plan approval.
A "minor subdivision" is defined in § 430-8 of this chapter. Minor subdivisions require a simplified procedure and modified submission requirements. After the effective date of this chapter, only one minor subdivision will be permitted over any period of time for any parcel within the City.
A.
Procedure.
(1)
No sketch plan submission is suggested for a minor subdivision; a final plan is the record plan for a minor subdivision. The preliminary minor subdivision plan is submitted, processed, reviewed and acted upon in the identical manner as a preliminary major subdivision plan, as outlined in § 430-10 of this chapter.
(2)
Approval, conditional approval or denial of approval by the City Council for any minor subdivision plan shall be identical to procedures outlined in § 430-10 for major subdivisions.
(3)
The final, and record, plan shall contain all changes, modifications, notations and agreements required by the City Council at the time of preliminary plan approval. In addition, the certifications and signatures required for recording shall be shown on the final plan. The final plan shall be processed in an identical manner as required in § 430-13 for final land record plans.
B.
Submission requirements. Each minor subdivision plan, preliminary
and final, shall contain the following:
(1)
The name and address of the owner and the registered professional
engineer or surveyor responsible for the plan; a key map showing location
and existing zoning.
(2)
A physical survey of the portion of the tract being subdivided, with
courses in degrees, minutes and seconds, and distances to hundredths
of a foot and showing any easements, curblines or rights-of-way and
the abutting street or road; two-foot contour intervals; and North
point (show bearings to the nearest 10 seconds).
(3)
Existing building to remain or to be removed; tree stands, ponds,
water bodies and, if applicable, the floodplain or flood hazard line;
and soils data for the parcel.
(4)
The proposed division of land; building setback lines; acreage of
the lot(s) and proposed easements for access, drainage or other purposes.
(5)
Proposed driveway locations, if any, and proposed new curblines.
(6)
Prior lots approved under minor subdivision procedures to the present
date.
A fee shall be required for processing and reviewing any sketch
plan, preliminary or final subdivision plan, including a minor subdivision
plan. Fees are also required for processing and reviewing both preliminary
and final land development plans. The fees shall be paid by the applicant/developer
at the time of filing each such plan. The fee schedule for all plans
submitted under this chapter shall be adopted by resolution of the
City Council and may be amended from time to time.
Prior to the final release of any guaranty required by § 430-42, the owner shall furnish to the City complete as-built drawings of all improvements constructed within any subdivision or land development, showing the precise locations and details of all such improvements required by this chapter or as required by the City Council at the time of final plan approval. The City Engineer shall approve such as-built plans prior to acceptance by the City Council.
