A.
The submission and review process for subdivision
and land development applications shall be in accordance with the
following:
(1)
Major subdivision shall require the submission and
approval of a preliminary plan and a final plan. The submission of
a sketch plan prior to the formal submission of preliminary plan shall
be optional.
(2)
Minor subdivision shall require the submission and approval of only a final plan, in accordance with the provisions as set forth in Article VI of this chapter.
(3)
Major land development shall require the submission
and approval of a preliminary plan and a final plan. The submission
of a sketch plan prior to the formal submission of a preliminary plan
shall be optional.
B.
The owner of record and the applicant must attend
the Board of Supervisors' meeting for the purpose of presenting the
plans and to respond to questions.
A.
Prior to submitting a major subdivision application
or a land development application, the applicant is advised, but not
required, to submit a sketch plan to the Planning Commission and the
Board of Supervisors. 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 Planning Commission and
the Board of Supervisors shall provide advice and comment on the necessary
requirements to achieve conformity to the standards and provisions
of this chapter and other related regulations.
B.
The applicant shall submit an application and 10 copies
of a sketch plan to the Administrator not less than 14 days prior
to the next regularly scheduled meeting of the Board of Supervisors,
unless waived by the discretion of the Board of Supervisors.
C.
The sketch plan shall be drawn to a scale of not greater
than one inch equals 50 feet and shall address:
(1)
All land which the applicant proposes to subdivide
and/or develop.
(2)
All land within 200 feet of the site's boundaries
and the names of the subject property owners based upon the records
of the Luzerne County Assessor's office.
(3)
All existing and proposed streets, proposed lot sizes,
natural features, including topographic contours, sewage disposal,
drainage, water supply and related utilities.
D.
Upon reviewing a sketch plan, the Planning Commission
and/or the Board of Supervisors shall advise the applicant of any
initial changes and/or additions, if any, which should be addressed
relative to the proposed design, layout and character of the site.
The applicant shall provide the following information
to the Administrator not less than 21 days prior to the next regularly
scheduled meeting of the Planning Commission:
A.
Twenty prefolded copies of the plan (preliminary or
final).
B.
Twenty prefolded copies of construction plans (if
applicable).
C.
A completed subdivision or land development application
with original signatures and 19 copies of same.
D.
A completed planning module, if applicable, as required
by the Pennsylvania Department of Environmental Protection and five
copies of 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
application and a copy of the DEP planning module.
B.
The Administrator, or his/her designee, shall provide,
as applicable, a copy of the complete set of plans (preliminary or
final), a copy of the application and a copy the DEP planning module
to the following agencies and officials for review, comment and approval,
as applicable:
(1)
The Luzerne County Planning Commission.
(2)
The Township Zoning Officer.
(3)
The Township Engineer and/or Planning Consultant.
(4)
The Solicitor to the Township Board of Supervisors.
(5)
The Township Solicitor.
(6)
The Township Sewage Enforcement Officer.
(7)
The Luzerne County Conservation District.
(8)
The Municipal Sanitary Authority.
(9)
The Pennsylvania Department of Transportation, the
Luzerne County Road and Bridge Department and/or the Foster Township
Board of Supervisors, if a proposed subdivision or development fronts
upon or is to have access to a road under their jurisdiction.
(10)
The Pennsylvania Department of Environmental
Protection.
C.
The applicant shall be responsible to ensure that
copies of the plan and supporting material are provided to all applicable
utility companies intended to service the site.
The Foster Township Board of Supervisors shall
not approve any subdivision or land development plans or application
until a report, containing the comments and recommendation of the
Luzerne County Board of Supervisors, is received or until the expiration
of 30 days from the date said plans and application were forwarded
to the Luzerne County Board of Supervisors. The applicant shall pay
all review fees required by the Luzerne County Board of Supervisors.
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 the approval was
conditioned 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 and all
applicable terms and conditions 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 applicable terms
and conditions in granting approval.
A.
The Board of Supervisors shall approve or reject a
submitted plan (preliminary or final) within 90 days following the
date of the 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.
B.
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 decision.
C.
When an application and plan (preliminary or final)
is not approved as submitted, the Board of Supervisors' decision 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.
D.
In granting approval to a plan, preliminary or final,
which is subject to specific conditions, the Board of Supervisors
shall include in its notification that the applicant may notify the
Board of Supervisors of his refusal to accept all said conditions,
in writing. In such cases, the Board of Supervisors' conditional approval
shall be deemed rescinded upon receipt of the applicant's written
notification. In the event the applicant fails to notify the Board
of Supervisors of his refusal to accept all said conditions within
the thirty-day time period, all conditions shall stand granted and
deemed accepted by the applicant.
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.
Until a submission is approved or rejected by the
Board of Supervisors, the applicant may withdraw the submission and
submit a revised plan following the submission and review procedures
which apply to the plan. If a revised plan is submitted within 120
days of the date of withdrawing said plan, no additional submission
fee shall be charged by the Township for the first or second revision.
Failure to resubmit a revised plan within said period of time, or
a third revision and any subsequent revision shall be treated as a
new submission for which a new submission fee shall be required. No
additional fee shall be charged for plan revisions which are directed
by the Board of Supervisors. Should an applicant wish to withdraw
a plan under review and consideration by the Board of Supervisors,
notice of withdrawal shall be in writing and shall include a statement
that the ninety-day time limitation for the Board of Supervisors to
render a decision shall not include the period of time which the plan
is withdrawn.
B.
All revised plans shall be accompanied by an itemized
listing of revisions to the plans and the basis for such revisions.
Such information shall be prepared and certified by a professional
engineer.
C.
Any revised plan may be resubmitted to the Luzerne County Planning Commission or to any other party noted within § 210-20B of this chapter if the Board of Supervisors renders a determination that the scope of the revisions are substantial in nature to warrant any additional review. If such a determination is rendered, the applicant shall be responsible for the 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 30 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 30 days,
or an approved extension of the time period, will result in the Board
of Supervisors' 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 the signature
of the Board of Supervisors' Chairman and Secretary and bears appropriate
signature and/or seal that it has been reviewed by the Luzerne County
Board of Supervisors.
C.
Within 14 days of the date on which the final plan
is recorded, the applicant shall furnish to the Administrator 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. 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.
