The Board of Supervisors shall review the preliminary
plan to determine its completeness with regard to the standards, provisions
and requirements of this chapter. Any submission which is found to
be incomplete shall be deemed to be invalid. The Board of Supervisors
shall notify the applicant, in writing, as to the nature and type
of additional information which the applicant must submit.
The Board of Supervisors shall not approve a
preliminary plan until a report is received from the Luzerne County
Planning Commission or until the expiration of 30 days from the date
it was forwarded to the Luzerne County Planning Commission.
The Board of Supervisors shall consider all official reports, comments and recommendations as provided in §
210-20B of this chapter. The Board of Supervisors shall render a decision in conformance with §
210-24 of this chapter. The following constitutes the type of action the Board of Supervisors may take:
A. The Board of Supervisors may disapprove the preliminary
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.
B. The Board of Supervisors may conditionally approve
the preliminary plan, in which case it shall specify all additional
information and/or changes needed, describing the requirements that
have not been met, citing, in each case, the provisions of this chapter
which were relied upon and/or the basis for additional information
and/or changes. The additional information or changes shall be required
prior to further consideration of the preliminary plan or the submission
of the final plan. In granting preliminary approval, the Board of
Supervisors shall include in its notification that the applicant,
within 30 days from the date of conditional approval, 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shall be deemed rescinded upon receipt of the applicant's written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 that the applicant fails to notify the
Board of Supervisors of his refusal to accept all said conditions
within 30 days of the date of conditional approval, all conditions
shall stand granted and deemed accepted by the applicant.
C. The Board of Supervisors may approve the preliminary plan. Such approval shall constitute approval of the subdivision or land development as to the character and intensity of development, the arrangement and approximate dimensions of streets, lots and other planned features. The approval binds the applicant to proceed with the installation of the required improvements and/or to arrange for a form of financial security to cover installation of improvements and to prepare the final plan. Approval of the preliminary plan does not authorize the sale of lots, property or the recording of the preliminary plan. The Board of Supervisors shall render a decision in conformance with §
210-24 of this chapter.
The preliminary plan shall contain the following
information:
A. The name and address of record owner, with source
of title by deed book and page number and certification of ownership
which carries a notarial seal.
B. Name and address of applicant if different from owner.
C. Name of proposed subdivision or land development,
labeled as the "preliminary plan."
D. Name and address of registered engineer or registered
land surveyor responsible for the subdivision plan or land development
plan, including certification of the accuracy of the plan and its
conformance to the provisions of this chapter.
E. North point, graphic scale and date, including the
month, day and year that the original drawing was completed and the
month, day and year that the original drawing was revised for each
revision.
F. Total tract boundaries of the property being subdivided,
showing bearings and distances, with bearings not less than the nearest
10 seconds and distances to the nearest 0.01 of a foot. The total
size of the property shall be listed in both acreage and square feet.
G. The names of all adjoining landowners, including block
and lot numbers, from the Luzerne County Assessor's office.
H. All existing streets, including streets of record
(recorded but not constructed), on or abutting the tract, including
names, right-of-way widths, cartway (pavement) widths and approximate
grades.
I. All existing sewer lines, water lines, fire hydrants,
utility transmission lines, utility easements, or utility rights-of-way,
culverts, storm drains, bridges, railroad rights-of-way and other
significant man-made features within the proposed subdivision or land
development.
J. All existing building or structures within the boundaries
of the proposed subdivision or land development.
K. 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 required setback lines on both streets shall
be shown.
L. Existing contour lines at vertical intervals of not
greater than five feet when existing slopes are 5% or greater. Existing
contour lines at vertical intervals of not greater than 10 feet when
existing slopes are less than 5%.
M. Existing watercourses, streams, ponds, wetlands, floodplain
and/or flood-prone areas, wooded areas, tree masses and rock outcrops
within the proposed subdivision or land development.
N. With regard to wetlands, all plans must specifically
address the subject of whether any wetlands are located upon the site.
If no wetlands are located within the site, a certification of the
absence of wetlands shall be so noted upon the plan, which is certified
by a person with appropriate training and experience in the identification
of wetlands. If wetlands are located within the site, a delineation
of all wetlands boundaries upon the site shall be provided by a person
with appropriate training and experience in the identification of
wetlands. The inclusion of wetlands upon the site shall require a
complete survey, delineation and total acreage of said wetlands boundaries
included upon the plans.
O. A location map at a scale of not greater than one
inch equals 2,000 feet, indicating the relation of the site to its
geographic proximity within the municipality.
The preliminary plans shall contain and include
the following information:
A. Lot layout and related features, which shall indicate
and provide:
(1) The total number of lots proposed for the site, with
identification numbers.
(2) The dimensions and area of all lots, expressed in
either square feet or acres.
(3) The building setbacks for all lots along each street
or, in the case of a land development, the proposed placement of each
building along each street and the proposed use of each building.
(4) Proposed open space, parks, playgrounds, or recreational
facilities, with any governing conditions thereof.
(5) Copies of proposed deed restrictions, easements and
protective covenants referenced on the plan.
(6) Proposed contour lines at vertical intervals of five
feet for the entire site.
(7) Location, width and purpose of proposed easements
and utility right-of-way.
(8) In the case of wetlands, total acreage of any such
acreage to be disturbed.
B. Street and right-of-way layout which shall indicate
and/or provide:
(1) The location of all proposed streets and existing
streets (public and private) within the site and abutting or adjoining
the site.
(2) The location, right-of-way and cartway of all proposed
streets, with a statement of any condition governing their use and
the right-of-way and cartway of any existing streets (public or private)
to which the proposed street will intersect.
(3) Suggested street names, in accordance with §
210-73 of this chapter, the location of street signs in accordance with §
210-74 of this chapter, and the location of traffic control signs in accordance with §
210-75 of this chapter.
(4) The beginning and end point of proposed street construction.
(5) Location, width and purpose of proposed easement and
utility right-of-way.
(6) The location of sidewalks.
C. A subdivision and/or land development, when being
serviced by sanitary sewers, shall be connected to public sewers.
The developer shall provide a letter of commitment from the Municipal
Sanitary Authority providing notice that said Authority can adequately
serve the proposed subdivision or land development and accept the
conveyance of sewage for treatment and disposal, including any conditions
required for the provision of service. If applicable, written approval
from any adjoining municipality regarding the conveyance of sewage
into its system to access intended conveyance of sewage to facilities
of the Municipal Sanitary Authority shall also be required.
(1) The following information shall be provided upon the
plan:
(a)
The layout, size and material of sanitary sewers
within the site.
(b)
Location of manholes with invert elevation of
flow line and grade at the top of each manhole.
(2) A subdivision and/or land development, to be serviced
by on-lot sewage disposal, shall provide the following information:
(a)
Location of soil percolation test sites.
(b)
Location and extent of various soil types within
the site with DEP definitions for each.
(c)
Proposed or typical location of building and/or
structure with proposed location of wells, if applicable.
(d)
Copy of the applicable report and findings of
the Township's Sewage Enforcement Officer.
D. Water systems and wells.
(1) A subdivision and/or land development, when being
serviced by a centralized water system, shall indicate and/or provide
the following:
(a)
If to be served by an existing water company
or authority, a letter from the same indicating said company or authority
can adequately serve the proposed subdivision or land development,
including any conditions required for the provision of service.
(b)
Location and size of all water lines.
(c)
Location of fire hydrants.
(2) A subdivision and/or land development, when individual
lots are serviced by individual wells, shall indicate the proposed
location of the subject wells upon the plans.
E. Storm drainage shall indicate and/or provide:
(1) The location, size and material of all storm drainage
facilities.
(2) Watershed areas for each drainage facility or swale.
F. A letter from the applicable public utility company
which provides electrical service and/or gas service to the Township,
indicating said company can and shall adequately serve the proposed
subdivision or land development, including any conditions required
for the provision of service, shall be required.
The following material and information shall
be submitted with the preliminary plan:
A. Proof of ownership, including a copy of the existing
deed.
B. Preliminary plan application and required fee.
C. The required fee for Luzerne County Planning Commission
review.
D. A copy of the application for a highway occupancy
permit, if applicable, as required by Foster Township, the Pennsylvania
Department of Transportation and/or the Luzerne County Road and Bridge
Department.
E. 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,
water lines, 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.
F. Any offers of dedication of proposed improvements,
signed by the owner of the property and properly notarized.
G. A sewage planning module and all accompanying data
as required by the Pennsylvania Department of Environmental Protection.
H. A copy of the soil erosion and sedimentation control
plan, application and related information as required by the Luzerne
County Conservation District.
I. Stormwater management plans, including drawings of
present and proposed contours, stormwater runoff data and facilities
for stormwater drainage.
J. Estimated costs by item for required improvements in accordance with §
210-51 of this chapter.
K. Any other information deemed necessary by the Planning Commission, including but not limited to any impact analysis, as defined in Article
II of this chapter.
L. 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. 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.