The Board of Supervisors shall consider the 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 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.
B. The Board of Supervisors may conditionally approve
the final plan, in which case it shall specify all additional information
and/or changes needed, describing the requirements and/or conditions
of approval in the preliminary plan 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 final plan. In granting conditional approval of the final plan,
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approval shall be deemed rescinded upon receipt of the applicant's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 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 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 that there have been no changes. In the event of any changes, the procedures and requirements outlined in §
210-24 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 5,000 feet.
C. The location and material of all permanent monuments
and lot markers.
D. Written certification by the responsible land surveyor
which attests to the accuracy of the survey and compliance with the
applicable provisions of this chapter.
E. A three-inch-by-five-inch blocked space shall be provided
on the final plan for the signatures of the Chairman and Secretary
of the Township Board of Supervisors, indicating the Board of Supervisors'
approval of the final plan and date of the same. A separate three-inch-by-five-inch
blocked space shall also be provided on the final plan for the appropriate
signature and/or seal which indicates compliance with required review
procedure by the Luzerne County Board of Supervisors.
F. The latest source of title to the property as shown
by deed, page number and book of the Luzerne County Recorder of Deeds
office.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
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 Foster 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 soil erosion and sedimentation control plan.
H. Final construction plans and subsequent as-built drawings
of all sanitary sewer, 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 be 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 §
210-51 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 §
210-57 of this chapter.
M. If applicable, written certification from the Municipal
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 disturb,
affect and/or cross delineated wetlands.
P. The cost of all consulting fees and costs incurred
by the Township for the review of the application, plan and supporting
information, data and/or reports or studies, including, but not limited
to, any required impact analysis and site inspections to ensure compliance
with the terms of approval and required improvements.
The applicant shall record the final plan in accordance with the requirements as set forth in §
210-26 of this chapter.