From the date of passage of this chapter, the following procedures shall be observed by all subdividers. All plans shall be reviewed and approved by the City Planning Commission. Any approval not processed as required hereafter shall be deemed null and void unless such approval was given prior to the adoption of this chapter.
A.
Grading. No subdivider or proposed subdivider shall proceed with any grading before obtaining approval of the preliminary plan from the Commission (see also § 475-48B herein).
B.
Access, drainage, geology and topography. No land shall be subdivided for residential use unless adequate access to such land exists or will be provided by the subdivider over improved streets or thoroughfares which are consistent with the design standards hereinafter set forth. In no event shall land be subdivided for residential use if such land is considered by the Commission to be harmful to the health and safety of possible residents and the community as a whole for such use by reason of flooding, mine fires, mine subsidence, improper drainage, objectionable earth and rock formation, topography or any other geological hazard or like feature.
C.
Conformity with Comprehensive Plan. No land shall be subdivided unless the proposed subdivision shall be in general conformity with the Comprehensive Plan of the City of Hazleton and Chapter 575, Zoning, as amended.
D.
Recording of deeds. No lots shall be delivered and no agreements for sale shall be made for lots in any subdivision prior to the approval by the Commission of the final plan for the proposed subdivision.
A.
Copies of this chapter shall be available at reasonable charge on request for the use of any person who desires information concerning subdivision and land development standards and procedures in effect within the City of Hazleton.
B.
Prior to the submission of the preliminary and final plans for a proposed subdivision, the subdivider is advised to:
(1)
Consult with the Commission and other proper officials of the City to ascertain conformance of the proposed subdivision with all required local codes, ordinances, plans, etc., with respect to land use, zoning, design standards, building requirements, thoroughfares, community facilities, sanitation, water supply, drainage, school and recreational sites, relationship to the neighborhood and other appropriate elements forming the character and extent of the proposed subdivision.
(2)
Consult with officials of the United States Department of Housing and Urban Development if he contemplates the use of HUD insurance in his development to assure compliance with HUD qualifying standards.
(3)
Submit a sketch plan to the Commission for informal discussion so that any required changes may be effected in his plans at an early date in order to conserve time, effort and expense.
A.
Application for approval of sketch, preliminary and final plans for all proposed land developments lying within the City shall be filed with the Commission at least 20 days prior to a regularly scheduled meeting. Such submission of plans shall be accompanied by a fee as specified in this article.
B.
The initial plan filed with the Commission shall be considered as a sketch plan. However, in the case of minor subdivisions, the developer may proceed directly to final plan preparation in compliance with the requirements. The processing of a minor subdivision land development shall be consistent with the procedures for processing a final plan as required in this article.
A.
Where a land development plan includes improvements or in the case of a major subdivision plan, the developer shall submit a minimum of 12 paper copies of a sketch plan 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 (Article IV) 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 requirements. The sketch plan shall be drawn at a scale of not more than 100 feet to the inch. The sheet size shall be 24 inches by 36 inches. The sketch plan shall be accompanied by an application for subdivision and land development approval and shall show the following information:
(1)
Name and address of developer, name of municipality, title, North arrow and date.
(2)
Tract boundaries.
(3)
Number of acres in tract, average lot size, approximate number of lots and anticipated type of development.
(4)
Existing and proposed streets, highways and rights-of-way.
(5)
Proposed general lot layout.
(6)
All public reservations such as schools, parks, etc. A land development sketch plan need not be drawn to scale nor are precise dimensions required.
(7)
Predominant natural features such as wooded areas, streams, wetlands, etc.
(8)
A location map for the purpose of locating other streets, developments, recreation areas and rights-of-way to better plan the proper locations of the same. This location map should be at a scale of one inch to 800 feet.
A.
Number of copies and time of submission.
(1)
Where a land development plan includes improvements or in the case of a major subdivision plan, the developer shall submit 12 clear, legible, black or blue prints of the preliminary plan, together with 12 completed application forms to the Secretary of the Planning Commission at least 20 days prior to the Commission meeting at which consideration is desired.
(3)
In addition, the Planning Commission may also forward a copy of the preliminary plan and notify the following agencies, as necessary for review and recommendation, in writing, that the preliminary plan has been received and will be considered at its meeting of a specified date:
(a)
One copy transmitted to the local office of the Natural Resources Conservation Service of the United States Department of Agriculture for review and recommendations concerning erosion, sediment and drainage control.
(b)
One copy transmitted to the local office of the Pennsylvania Department of Transportation for review and recommendations where the land development will front on an existing or proposed state highway or has a proposed street entering on such a highway.
(c)
One copy transmitted to all affected public utilities which shall be requested to make recommendations as to the suitability of installing underground telephone, electric, gas, cable television, public water and sewer lines.
(d)
One copy transmitted to the public safety officials responsible for police protection and firesafety.
B.
Fees.
(1)
Fees, as established by resolution of the Council of the City of Hazleton,[2] shall be paid through the Director of Administration to the City of Hazleton before the submission of preliminary plans to the Planning Commission for consideration by the Commission. A copy of the receipt, as proof that the fees have been paid, shall form part of the subdivider's application.
[2]
Editor's Note: The current resolution is on file in the office of the City Clerk.
(2)
The subdivider or land developer shall certify and agree to pay any fees incurred which are submitted to the City of Hazleton that are over and above the initial application fee, including but not limited to any and all engineering costs for review and inspection which are incurred by the City. All the extra fees will be billed by the City of Hazleton and shall be paid by the subdivider or land developer within 30 days of the date of billing. The acknowledgment and certification must accompany the subdivision application.
C.
Scale and size. The preliminary plan shall be at a scale of one inch to 100 feet or larger and shall be drawn by a licensed Pennsylvania land surveyor or engineer. As far as practicable, sheets should be held to the following overall sizes: 17 inches by 22 inches or 24 inches by 36 inches. Where necessary, in order to avoid sheets larger than above, plans should be drawn in two or more segments accompanied by a key diagram showing relative location of the segments.
D.
Preliminary plan requirements. The preliminary plan shall include the following information:
(1)
A location map showing the entire plot and its relation to the surrounding area. The location map should be at a scale of not less than 2,000 feet to the inch.
(2)
Proposed title identifying land development, North point, scale and date.
(3)
Municipality in which land development is located, tract name and Tax Map sheet, block and lot number.
(4)
Name and address of record owner or owners, or the authorized agent.
(5)
Name of subdivider.
(6)
Name and seal of registered surveyor responsible for the plan and signature block for approval by the City of Hazleton Planning Commission.
(7)
Tract boundary lines showing dimensions, bearings and corners; number of lots, proposed density and minimum lot size.
(8)
Acreage of the tract to be plotted to the nearest tenth of an acre.
(9)
Sufficient elevations and/or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross-sections and center line profiles for all proposed new streets. Contours shall ordinarily be at intervals of five feet but may be at lesser intervals in the case of relatively level tracts.
(10)
Datum to which contour elevations refer. Where practicable, such data shall refer to known established elevations.
(11)
The location of all existing watercourses, railroads, strip mines, culm banks, tree courses and wooded areas, bridges, culverts and other significant natural features.
(12)
The location of all existing buildings, sewers, water mains, culverts, utility lines, fire hydrants and other significant man-made features.
(13)
The location of all existing and proposed property lines, easements and rights-of-way, including dimensions.
(14)
All existing and proposed streets in or adjacent to or within 400 feet of the tract, including name and right-of-way width.
(15)
Cross-sections of all proposed streets showing right-of-way width, paved width, location of curbs and sidewalks and profiles of streets showing grades approved by the City Engineer. If deemed necessary by the City Engineer, percolation data shall also be submitted.
(16)
Preliminary profiles and other explanatory data concerning the installation of sanitary and storm sewerage systems and water distribution systems.
(17)
Proposed utilities, including sanitary and storm sewers and other drainage facilities; waterlines and gas mains; and electric and other facilities. Size or capacity of each and proposed connections to each other shall also be shown.
(18)
If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the governing body or planning agency, as the case may be, that the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission, an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
(19)
Location of all proposed buildings.
(20)
Length of new proposed streets.
(21)
Numbering of lots within the land development.
(22)
Site data, including the number of residential lots, typical lot size, the acreage for proposed recreation and other public, semipublic or community purposes and the number and type of dwelling units proposed, if any.
(23)
Data relative to the occurrence of flooding, subsidence, landslides, mine fires and other geological hazards within and adjacent to the tract proposed to be subdivided.
(24)
Where slopes in excess of 10% occur within the area proposed to be subdivided, a preliminary grading plan, indicating the general location and magnitude of the proposed cuts and fills, shall be attached to each copy of the preliminary plan.
(25)
Proposed use of land from the City of Hazleton's Comprehensive Plan Future Land Use Plan and proof of any variance or special exceptions which may have been granted shall be shown.
(26)
The names of owners of immediately adjacent unplatted land, the names of proposed or existing land developments immediately adjacent and the locations and dimensions of any streets or easements shown thereon which abut the land to be developed.
(27)
If the preliminary plan covers only a part of the subdivider's entire holdings, a separate sketch of the proposed street plan for the subdivider's entire holdings shall also be submitted as per § 475-11 herein.
(28)
A copy of any existing or proposed deed restrictions or protective covenants applying to the proposed subdivision shall be attached to each copy of the preliminary plan submitted.
(29)
Recreation areas shall be shown on a separate drawing with topos to a scale in increments of five feet or less.
(30)
All public reservations such as schools, parks, etc.
(31)
A block measuring three inches by five inches, entitled "Luzerne County Planning Commission Review."
(32)
A notarized statement, to the effect that the applicant is the owner of the land proposed to be developed and that the land development shown on the preliminary plan is made with his or their free consent.
E.
The preliminary plan may be segmented, if desired, in order to assure readability, e.g., utilities information may be placed on separate sheet, etc. Cross-sections and profiles shall ordinarily be placed on separate sheets.
F.
Review of preliminary plan. The Commission shall review the application and, if it determines that it is adequate as to form, the Commission shall transmit copies of the preliminary plan to those officials and agencies specified in Subsection A herein and shall notify said officials and agencies of the date of the meeting at which the Commission shall consider the application. All plans, whether preliminary or final shall be reviewed by the Planning Commission with reference to the following:
(1)
The standards and requirement of this chapter.
(2)
Any proposals contained in the City of Hazleton Comprehensive Plan.
(3)
Site suitability for the particular type of development proposed.
(4)
The availability for necessary services and facilities.
(6)
The requirements of any other applicable City ordinance.
(7)
The Official Map of the City.
(8)
The improvements, design and dedications or reservations required by this chapter.
A.
Number of copies and time of submission. The final subdivision plan shall be submitted to the Commission only after the applicant's preliminary plan has been approved by the Commission. The number of copies and timing shall be the same as for the preliminary plan (§ 475-12A).
B.
Fees. Fees, as established by resolution of the City Council of the City of Hazleton, shall be paid through the Director of Administration to the City of Hazleton before the submission of final plans to the Planning Commission for consideration by the Commission.[1] Certification by the Director of Administration that such fees have been paid shall form part of the subdivider's application.
[1]
Editor's Note: The current fee resolution is on file in the office of the City Clerk.
C.
Scale and size. The final plan scale and size shall be the same as for the preliminary plan (§ 475-12C).
D.
Final plan requirements. The final plan shall meet the following specifications:
(1)
A location map showing the entire plot and its relation to the surrounding area. The location map should be at a scale of not less than 2,000 feet to the inch.
(2)
Title identifying land development, North point, scale and date.
(3)
Tract name and Tax Map sheet, block and lot number; municipality in which the land development is located.
(4)
Name and address of record owner or owners to be extracted from the books of the county recorder and accompanied by an affidavit that the applicant is the owner or equitable owner of the land proposed to be subdivided.
(5)
Name and address of owner and subdivider.
(6)
Name and seal of registered surveyor responsible for the plan and a certification by him to the effect that the plot represents a survey made by him and that all monuments indicated thereon actually exist and that the location, size and material of same are correctly shown and that all the requirements of this chapter have been met.
(7)
Total acreage of the tract, number of lots, density and minimum lot sizes.
(8)
Tract boundary lines showing accurate dimensions and bearings, closing within an error of not more than one foot in 5,000 feet.
(9)
Lot numbers, together with accurate dimensions and areas.
(10)
Proposed uses of land and existing zoning classification and proof of any variances or special exceptions which may have been granted.
(11)
All dimensions and angles or bearings of the lines of each lot and of each area proposed to be dedicated to public use.
(12)
Accurate distances and directions to the nearest established street corners or official monuments. Reference corners shall be accurately described on the final plan.
(13)
Accurate and complete curve data for all curves included in the final plan.
(14)
The length of all straight lines, radii, length of curves and tangent bearings for each street.
(15)
The proposed building setback line for each street. The proposed placement of each building may be required.
(16)
Location, type, material and sizes of all monuments and lot markers.
(17)
Accurate location of all existing and proposed property lines within the proposed subdivision boundaries, together with all easements and rights-of-way, including dimensions.
(18)
Accurate location of all existing and proposed streets in or adjacent to the tract, including names and right-of-way widths with accurate dimensions in feet to the nearest hundredth and with angles to the nearest one minute of one degree.
(19)
Names of streets within and adjacent to the land development shall be shown.
(20)
Final cross-sections of all proposed streets showing right-of-way width, paved width, location of curbs and sidewalks and profiles of streets showing grades approved by the City Engineer.
(21)
Final profiles and other explanatory data concerning the installation of sanitary and storm sewerage systems and water distribution systems.
(22)
Location, size and invert elevation of all sanitary, storm and combined sewers and location of all manholes, inlets and culverts.
(23)
Wherever practicable, the names of the owners of any unplotted lands and of any adjacent subdivisions shall be shown.
(24)
Where slopes in excess of 10% occur within the area to be subdivided, a final grading plan, showing the accurate location and magnitude of the cuts and fills, shall be attached to each copy of the final plan.
(25)
A copy of any existing or proposed deed restrictions or protective covenants applying to the proposed subdivision shall be attached to each copy of the final plan submitted. These shall be accompanied by an affidavit by the owner that such restrictions, etc., are not in violation of any existing local, state or federal laws relating to discrimination, etc.
(26)
Certificate of proposed dedication of streets and other areas to be devoted to public use.
(27)
Certificate for approval by the Commission and Commission Engineer.
(28)
Other certificates may be required.
E.
The final plan may be segmented if desired in order to assure readability, e.g., utilities information may be placed on separate sheet, etc. Cross-sections and profiles shall ordinarily be placed on separate sheets.
F.
Review of final plan.
(1)
The Commission and its City Engineer will examine the final plan to determine the correctness of its technical details and its conformity with the approved preliminary plan.
(2)
The subdivider shall submit a certificate to the Commission that no lot within the subdivision shall be sold unless and until all improvements and installations required under this chapter have been made or installed. No plan shall be finally approved without the submission of such certificate, and the certification of approval of the Commission required on the final plan shall refer to such certificate, the date of its submission to the Commission and the place where it might be examined.
(3)
The subdivider shall also submit to the Commission a maintenance bond in favor of the City of Hazleton to guarantee the maintenance and repair of all streets within the subdivision prior to their official acceptance and dedication by the City of Hazleton.
G.
Approval of final plan.
(1)
The Commission, after having determined that the final plan and supporting certifications are satisfactory, will move to approve the final plan according to § 475-15, Approval of plans. Approval by the Commission shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public way, space or area shown on said final plan.
(2)
Subsequent to the approval of the final plan by the Commission, the subject tract of land may not be sold, transferred or improved, except in the manner prescribed by the approved final plan, unless such final plan is first amended with the consent and approval by the Commission in accordance with the same specification requirements and procedures set forth in Article V of this chapter.
A.
Subsequent to its approval of the final plan, the Commission shall transmit four prints of the final plan, together with appropriate certificates of title, to the City Council of the City of Hazleton for action on any proposed dedications. The City Council shall return three approved prints of the final plan to the Commission. The Commission shall return two of the approved prints to the subdivider. Should the City Council not accept the proposed dedications, the subdivider may amend said final plan and resubmit same to the Commission for its review and approval.
B.
The deed of dedication to the City shall be tendered by the developer only after all surfacing, curbs, sewers, sidewalks and other required improvements shall have been installed or constructed and certified as satisfactory by the City Engineer.
A.
At a scheduled public meeting, the Commission shall render its decision on the plan, whether preliminary or final, and communicate its decision to the applicant not later than 90 days following the date of the regular meeting of the Commission next following the date the application is filed, provided that, should the next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30 days following the day the application was filed.
B.
Final plan approval shall not be granted until such improvements as required by this chapter and shown on such final plan have been completed or guaranty posted as required in Article IV.
C.
The decision of the Commission concerning plan approval, whether preliminary or final, shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.
D.
When the plan is not approved in terms as filed, the decision shall specify the defects found in the plan and describe the requirements which have not been met and cite the provisions of these regulations relied upon.
E.
Failure of the Commission to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed as approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
F.
From the time a plan, whether preliminary or final, is submitted as provided in this chapter and while such plan is pending approval or disapproval, no change or amendment of the zoning, subdivision and land development or other City ordinance or plan shall affect the decision on such plan adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the City ordinances or plans as they stood at the time the application was duly submitted. In addition, when a preliminary plan has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary plan as hereinafter provided.
G.
However, if a plan is properly and finally denied, any subsequent plan shall be subject to the intervening change in City regulations. When an application for approval of a plan, whether preliminary or final, has been approved or disapproved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision and land development or other City 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. Where final approval is preceded by preliminary approval, the 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 City ordinances or plans as they stood at the time when the plan for such approval was duly submitted.
H.
Where the landowner has substantially completed the required improvements as depicted upon the final plat within the aforesaid time period, no change in municipal ordinance or plan enacted subsequent to the date of filing of preliminary plan shall modify or revoke any aspect of the approved final plan pertaining to zoning classification or density, lots, buildings, streets or installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plan delineating all proposed sections as well as deadlines within which applications for final plan approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plan approval, until final plan approval of the final section has been granted, and any modification in the aforesaid schedule shall be subject to approval of the Commission in its discretion. Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of the dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Commission in its discretion, provided that the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plan approval, including compliance with landowner's aforesaid schedule of submission of final plans for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plan within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period. The aforesaid protection shall apply for an additional term or terms of three years from the date of final plat approval for each section.
I.
Effect of preliminary plan approval.
(1)
Approval of the preliminary plan by the Commission constitutes conditional approval of the development as to the character and intensity of development and the general layout and the approximate dimensions of streets, lots and other planned features. This approval binds the developer to the general scheme shown on the preliminary plan.
(2)
Approval of the preliminary plan shall not constitute approval of the final plan, nor does it authorize recording of the preliminary plan or the sale of any lots. However, such approval does authorize the developer to proceed with the preparation of the final plan, installation and construction of improvements and/or the posting of a bond guaranty as specified in this chapter.
J.
Effect of final plan approval.
(1)
Approval of the final plan by the Commission constitutes final approval of the land development as to the character and intensity of development and the layout and the dimensions of streets, lots and other planned features. This approval binds the developer to the scheme shown on the final plan.
(2)
Final plan approval authorizes the developer to proceed with the recording of the final plan, which must be accomplished before the developer can proceed with the sale of any lots or the construction of buildings or structures.
A.
Upon approval of the final plan, the developer shall, within 90 days of such approval, record such plan in the office of the Recorder of Deeds of Luzerne County. Within 30 days after such recording, the developer shall furnish proof of recording to the Commission. Should the developer fail to record the final plan within such period, the approval of the Commission shall be null and void, unless an extension of time has been granted by the Commission upon written request.
B.
The recording of the final plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plan.
For any replatting or resubdivision of land, the same procedures and regulation apply as prescribed for any original land development.