[Ord. 86-5, 1/14/1987]
A.
Submission; Discussion.
[Amended by Ord. No. 2018-3, 12/12/2018]
1.
Prior to the filing of an application for review and approval of
a proposed subdivision or land development, it is recommended that
the developer submit a sketch plan to the Kingston Township Planning
Commission for advice on the requirements necessary to achieve conformity
with the standards and other provisions of this chapter, as well as
to alert the developer to other factors pertinent to the design and
effectuation of the subdivision or land development. The submission
of a sketch plan shall not constitute the filing of an application
for approval of a subdivision or land development.
2.
The developer or his agent or representative should be present to
discuss any such proposal with the Planning Commission. No formal
action will be taken on a sketch plan submission, but the Commission
shall, after review and evaluation of the proposal, indicate to the
developer or his agent its findings and recommendations regarding
the preparation of preliminary or final plans. The Commission shall
complete its review as promptly as possible. One copy of the sketch
plan shall be left with the Commission for its files. The review of
a sketch plan shall not authorize the recording of the plan or the
conveyance of lots.
B.
Data furnished in a sketch plan shall be at the discretion of the
subdivider. For fullest usefulness, it is suggested that a sketch
should include the following information:
1.
Tract boundaries.
2.
Location within the Township of Kingston.
3.
North point.
4.
Streets on and adjacent to the tract.
5.
Significant topographical physical features including floodplains
if any.
6.
Proposed general street layout.
7.
Proposed general lot layout, including location of proposed open
space and other preservation areas.
C.
A subdivision sketch plan need not be to scale nor are precise dimensions
required.
[Ord. 86-5, 1/14/1987; as amended by Ord. 1989-6, 11/8/1989;
by Ord. 90-9, 12/12/1990; and by Ord. 2003-5, 5/14/2003]
A.
The preliminary plan shall be at a scale of not more than 100 feet
to the inch. Plans shall be on sheets 24 inches by 36 inches or 22
inches by 36 inches.
B.
The preliminary plan shall show or be accompanied by the following
information:
1.
Proposed subdivision or land development name or identifying title.
2.
Township name.
3.
North point, scale and date of preparation.
4.
Name and addresses of the owners of record of land included as part
of the subdivision or of land directly affected and of subdividers
or land developer, including references to deed book, volume and page
of current legal owners.
5.
Name and address of the registered engineer or surveyor or responsible
for the preparation of the subdivision or land development plan, including
a certification of the accuracy of the plan and its conformance and/or
compliance with the provisions and requirements of the Kingston Township
Subdivision and Land Development Ordinance.
6.
Tract boundaries, with bearings and distances.
7.
Existing contours at vertical interval of two feet, if the general
slope of the site is less than 15% and vertical intervals of five
feet, if the general slope of the site is greater than 15%.
8.
Datum to which contour elevations refer shall be United States Coast
and Geodetic Survey datum.
[Amended by Ord. No. 2018-3, 12/12/2018]
9.
All existing watercourses, floodplains or tree masses and other significant
natural features.
10.
All existing buildings with postal address numbers, sewers, water
mains, culverts, petroleum or petroleum products lines, fire hydrants
and other significant man-made features.
11.
All existing streets on or adjacent to the tract, including name,
right-of-way width and cartway width.
12.
All existing property lines, easements and rights-of-way, and the
purpose for which the easements or rights-of-way have been established.
13.
Location and width of all proposed streets, alleys, rights-of-way
and easements; proposed lot lines with approximate dimensions and
areas of all lots; proposed minimum setback line for each street;
playgrounds, public buildings, public areas and parcels of land proposed
to be dedicated or reserved for public use; proposed street names;
proposed watercourses and detention ponds; proposed phasing of land
development; typical section of all streets; preliminary profiles
and specifications for street improvements.
14.
Total acreage, number of lots, average lot size, density, open space
and existing zoning classification.
15.
Names of owners of all adjoining properties and the names of all
abutting subdivisions.
16.
A location map, at a scale of minimum 400 feet to the inch maximum
2,000 feet to the inch, showing the proposed development and adjoining
areas, will be required.
17.
Where the preliminary plan covers only a part of the subdivider's
entire holding, a sketch shall be submitted of the prospective street
layout for the remainder.
18.
It shall be the responsibility of the applicant where applicable
as required by the Pennsylvania Sewage Facilities Act (Act 537, as
amended), to prepare the application for sewage facilities planning
module mailer for exemptions or for sewage facilities planning module
components. The completed module forms shall accompany the preliminary
plan submission.
19.
When on-lot water supply is proposed, the location of all well sites
shall be shown.
20.
When required by § 512 of this chapter, a proposed soil
erosion and sedimentation control plan shall be submitted.
21.
When required, the information required by § 513 of this
chapter, which may be a separate plan, shall be submitted.
22.
Block for signatures of the reviewing agency membership and date
of recommendation, as per example in Appendix A.
23.
Block for signatures of the Board of Supervisors and date of approval,
as per example in Appendix A.
24.
Subdivisions and land development plans shall show building locations,
parking areas, location of pads for dumpsters, and locations of LP
gas tanks of 500 pounds or greater.
25.
A letter from the subdivider specifically requesting any modifications
from the regulations herein established and citing the reasons for
same.
26.
Preliminary profiles and other data concerning the installation of
sanitary and storm sewage systems and water distribution systems.
27.
Proposed utilities, including sanitary and storm sewers, drainage
facilities, water lines, gas mains, electric utilities, and other
facilities. Size or capacity of each should be shown and the location
of or distance to each existing utility indicated.
28.
Existing plotting of adjacent land, including all existing sewers,
water mains, culverts, gas lines, and fire hydrants, on the adjoining
roadways.
[Amended by Ord. No. 2018-3, 12/12/2018]
29.
Areas subject to periodic flooding including the 100-year floodplain.
30.
Other features or conditions which would affect the subdivision favorably
or adversely.
31.
A copy of the protective covenants or private reconstruction to be
incorporated in the deeds.
32.
One copy of the results and locations of percolation tests as performed
by the local sewage enforcement officer.
33.
Water Supply. If water is to be provided by means other than private
wells owned and maintained by the individual owners of lots within
the subdivision or development, applicants shall present evidence
to the Board of Supervisors that the subdivision 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 or 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.
34.
One copy of each of the approved Pennsylvania Department of Transportation
highway occupancy permit, DEP encroachment/obstruction permit, and
the United States Army Corps of Engineers wetland permits.
[Amended by Ord. No. 2018-3, 12/12/2018]
35.
Two copies of a wetlands delineation report prepared by an approved
wetlands consultant prepared in accordance with the Federal Manual
for Identifying and Delineating Jurisdiction Wetlands. The report
must include a field survey prepared by a registered surveyor and
a statement by the wetlands consultant that the surveyor's map has
been reviewed by the consultant and is in general conformity with
the wetland delineation.
[Ord. 86-5, 1/14/1987; as amended by Ord. 1989-6, 11/8/1989;
by Ord. 90-9, 12/12/1990; by Ord. 1993-1, 3/10/1993; and by Ord. 2003-5,
5/14/2003]
A.
Final plans shall be on sheets of 22 inches by 36 inches or 24 inches
by 36 inches, printed in black and white. No color printing on final
plans is permitted. Where necessary to avoid sheets larger than the
size prescribed, final plans shall be drawn in two or more sections.
The plan shall be drawn and annotated in accordance with the "Subdivision
Plan Form" shown as Appendix A hereto.[1] The final plan shall be at a scale of not more than 100
feet to the inch.
[Amended by Ord. No. 2018-3, 12/12/2018]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
The final plan shall include or be accompanied by the following:
1.
Subdivision name or identifying title.
2.
Township of Kingston name.
3.
North point, scale, date of preparation, and date of preliminary
plan approval.
4.
Name and address of the owner(s) of record of land included as part
of the subdivision or of land directly affected and of subdivider
or land developer, including reference to deed book, volume and page
of current legal owner(s).
5.
Name, address and embossed seal of the registered professional engineer
or surveyor responsible for the preparation of the subdivision or
land development plan, including a certification of the accuracy of
the plan and its conformance and/or compliance with the provisions
and requirements of this chapter.
6.
Tract boundaries with bearings and distances, closing with an error
of not more than one foot per 5,000 feet.
7.
All existing streets and driveways on or adjacent to the tract, including
name, right-of-way width, cartway width, street lines, lot lines,
rights-of-way, easements and areas dedicated or proposed to be dedicated
to public use.
8.
Sufficient data, including bearing and length, to locate every street,
lot, easement, right-of-way and boundary line upon the ground.
9.
The length of all straight lines, radii, lengths of curves and tangent
bearings for each street.
10.
All dimensions and angles or bearings of the lines of each lot and
of each lot proposed to be dedicated to public use.
11.
The proposed building setback line for each street and the proposed
placement of each building, except placement for single-family dwellings.
Setback lines shall be shown on plan including dimensioning in relationship
to property lines as well as listed under site data.
12.
Location and width of all rights-of-way, easements, and the purpose
for which the rights-of-way and easements were established.
13.
Location of all sanitary and storm sewer easements, and location
of all watercourses and detention ponds, whether public or private.
14.
All dimensions shall be shown in feet and hundredths of a foot.
15.
Lots within a subdivision shall be numbered and their area shown
within the lot boundaries; building postal address numbers, both existing
and proposed, as assigned by the United States Postal Service and
the Luzerne County 911 Center, shall also be shown therein.
[Amended by Ord. No. 2018-3, 12/12/2018]
16.
Typical section for all proposed streets.
17.
Permanent reference monuments shall be shown on the plan, thus "
", and designated existing or proposed. Not less than two monuments
shall be shown except as otherwise required by the Planning Commission
based on the total number of angle points shown on the plan.
[Amended by Ord. No. 2018-3, 12/12/2018]
18.
Names of the adjoining subdivisions shall be shown.
19.
Names of the owners of any adjoining unplotted land shall be shown.
20.
An approval block providing for the signatures of the reviewing agency
and the Board of Supervisors and the date of approval, as per example
in Appendix A.
21.
An appropriate statement signed by owner unequivocally indicating
his intention either: (a) to dedicate for public use all streets,
roads, easements and rights-of-way so intended and designated; or
(b) to reserve as private any streets, roads, easements or rights-of-way
intended not to be dedicated for public use.
22.
A statement of acknowledgement in legal form, executed by a Notary,
stating that the subdivider is the owner or equitable owner of the
land proposed for subdivision, and that the subdivision as shown on
the final plan is the act and deed of the subdivider and that it is
desired to record the same.
23.
It shall be the responsibility of the applicant where applicable
as required by the Pennsylvania Sewage Facilities Act (Act 537, as
amended) to prepare the application for sewage facilities planning
module mailer for exemptions or for the sewage facilities planning
module components. The complete module forms shall accompany the preliminary
plan submission.
24.
The drainage plans shall include existing and proposed two feet interval
contours in accordance with the final roadway profiles.
25.
A grading and drainage plan, including hydrologic and hydraulic calculations
as prepared and sealed by a licensed professional Engineer.
26.
A time schedule in accordance with § 610.
27.
Subdivision and escrow agreement by the developer in a format supplied
by the Township.
C.
Improvement and Construction Plan.
1.
The improvement construction plan(s) shall be at any of the following
scales:
|
Horizontal
|
Vertical
|
|---|---|
|
50'/inch
|
5'/inch or 10'/inch
|
|
40'/inch
|
4'/inch
|
|
100'/inch
|
10'/inch
|
2.
It shall show the following:
(a)
Subdivision name or identifying title.
(b)
North point, scale and date.
(c)
Name of the owner of record, the subdivider, and telephone numbers.
(d)
Name and seal of the registered professional engineer or surveyor
responsible for the plan.
(e)
Center line of streets with bearings, distances, curve data,
sight distances and stations corresponding to the profile.
(f)
Right-of-way and curblines of streets with radii at intersections.
(g)
Beginning and end of proposed construction of streets.
(h)
Tie-ins by courses and distances to intersection of all public
roads with their names and widths.
(i)
Location of all monuments with reference to them.
(j)
Property lines and ownership of abutting properties.
(k)
Location and size of all drainage structures, public utilities,
street name signs, and shade trees.
(l)
Location and size of storm and/or sanitary sewer lines with
stations corresponding to the profile.
(m)
Location of storm and/or sanitary sewer manholes or inlets with
grade between and elevation of flow line and top of each manhole or
inlet.
(n)
Property lines and ownership, with details of easements where
required.
(o)
Beginning and end of proposed construction of storm and/or sanitary
sewer.
(p)
Location of storm and/or sanitary sewer laterals, Y's, etc.
(q)
Location of all other drainage facilities and public utilities.
(r)
Profile of existing ground surface along center line of street.
(s)
Proposed center line grade of streets with percent of grade
on tangents and elevations at 50 feet intervals, including grades
at intersections, control points, etc.
(t)
Vertical curve data of streets, including length and elevations
and sight distance as required by Engineer.
(u)
Profile of existing ground surface with elevations at top of
manholes or inlets.
(v)
Profile of storm drain or sewer, showing size of pipe, grade,
cradle (if any), manhole or inlet locations, elevations at flow line.
D.
Grading and Drainage Plan, prepared in accordance with §§ 506
and 507 of this chapter.
E.
Soil Erosion and Sedimentation Control Plan when required by § 512
of this chapter. Also, at the discretion of the Planning Commission,
a plan note stating that the owner of any lot is responsible for their
Soil Erosion and Sedimentation Control Plan when earth moving activities
are begun.
F.
When required, the information required by § 513 of this
chapter, which may be a separate plan, shall be submitted.
G.
A copy of final deed restrictions or protective covenants.
H.
A copy of metes and bounds description for any and all proposed easements
or deeds to be granted, including but not limited to, storm drainage
easements, recreation easements or dedication, or agreements to pay
a fee in lieu thereof, and sanitary sewer easement.
I.
Written agreement of land developer or subdivider in a form approved
by the Board of Supervisors including: an agreement to construct in
form and substance agreeable to the Township of Kingston required
improvements including but not limited to streets, curbs, sidewalks,
and storm drainage facilities.
J.
An approved DEP Planning Module where on-lot sewage disposal systems
or community treatment systems are proposed, or written proof of the
DEP's approval for the extension of existing sanitary sewer service.
[Amended by Ord. No. 2018-3, 12/12/2018]
K.
If required, a highway occupancy permit or review and written approval
by the Pennsylvania Department of Transportation.
L.
Approval by the United States Postal Service and Luzerne County 911
Center of street names.
[Amended by Ord. No. 2018-3, 12/12/2018]
M.
Plans of bridges and other improvements shall contain sufficient
information to provide complete working plans for the proposed construction.
N.
Typical cross-section of streets showing:
O.
Water Supply. If water is to be provided by means other than private
wells owned and maintained by the individual owners of lots within
the subdivision or development, applicants shall present evidence
to the Board of Supervisors that the subdivision 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 or 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.
[Ord. 86-5, 1/14/1987; as amended by Ord. No. 2018-3, 12/12/2018]
A.
After final plan approval and upon completion of all required improvements,
the applicant shall submit an as-built plan prepared, signed, and
sealed by a registered professional engineer or surveyor.
B.
The as-built plan shall be provided on a reproducible medium and
drawn to the same scale as the approved final plan and shall be reviewed
and approved by the Township Engineer.
C.
Said plan shall indicate the actual location, dimensions, and/or
elevations of all completed improvements, including but not limited
to:
1.
Monuments and markers.
2.
The location of the cartway and curb, for both sides of each street.
3.
Sanitary sewer main, manholes, rim and invert elevations, and laterals.
4.
Storm sewers, inlets, rim and invert elevations, and culverts.
5.
Water mains, service lines, valves, and fire hydrants.
6.
Streetlights.
7.
Landscaping and screen planting.
8.
Berms.
9.
Permanent sedimentation, erosion control, and stormwater management
structures with as-built storage volume and outlet structure elevations
and as-built elevations for all detention/retention basins or other
storage structures.
10.
All easements and rights-of-way.
11.
All buried utilities, gas, electric, cable, water, sewer, etc.
D.
The as-built plan shall be submitted in complete and accurate form
prior to the final release of security funds being withheld, as provided
in this chapter.
E.
Completion of as-built drawings in accordance with this chapter shall
not relieve the applicant from any responsibility as may be required
by any municipal authority having jurisdiction over the subject premises.
[Added by Ord. No. 2022-2, 4/13/2022]
A.
Any person who desires to consolidate lots shall be required to consolidate such lots in the manner set forth herein. No lots may be consolidated unless the lots are contiguous and the legal title to all such lots is held in common ownership. No lot consolidation shall be permitted which would, by reason thereof, create a violation or nonconformity of Chapter 27, Zoning. No lot consolidation shall be permitted unless and until the applicant and all persons holding legal title to any of the land comprising the lots to be consolidated have complied with the provisions of Subsections B, C, and D below.
B.
Any person who desires to consolidate lots shall furnish to the Kingston Township Zoning Officer, not less than 21 days in advance of the next regularly scheduled meeting of the Kingston Township Planning Commission, the application, supporting documentation and filing fee specified in this Subsection B:
1.
A written application to the Kingston Township Planning Commission,
under oath, requesting such lot consolidation; setting forth the nature
of the applicant's legal interest in the lots to be consolidated;
providing the name, physical address, email address and telephone
number of all persons holding legal title to the lots to be consolidated;
and appending one copy of each current deed for each lot to be consolidated.
2.
An owner's statement and Planning Commission approval space, containing
the written, signed, notarized consent to the proposed lot consolidation,
of all persons holding legal title to the lots to be consolidated,
in substantially the following form:
|
OWNER'S STATEMENT
| |
|
It is hereby certified that the undersigned has/have legal title
to the land shown and proposed for consolidation, and that the consolidation
as shown on the Lot Consolidation Plan is the act and deed of the
undersigned and that it is desired to record the same.
| |
|
Signed: ___________________
|
Date: _____
|
|
Sworn to and subscribed before me this _____ day of __________,
20 _____
| |
|
Notary:
| |
|
Notarial Seal
| |
|
Approved by the Kingston Township Planning Commission
| |
|
This _____ day of __________________________, 20 _____
| |
|
| |
|
| |
3.
A perimeter metes and bounds description of the consolidated area,
and a being clause referencing all sources of title.
4.
A lot consolidation plan consisting of one reproducible drawing,
in recordable form, on sheets no larger than 11 inches by 17 inches,
which shall show the following:
(a)
Bearings, distances and monumentation for all property lines
to remain.
(b)
All property lines to be removed.
(c)
Location, purpose and width of all easements on the site.
(d)
Location and use of all existing structures on the site.
(e)
For each lot to be consolidated: current property identification
number (PIN); and current deed or record book and page number as assigned
by the County Recorder of Deeds.
(f)
North point and scale.
(g)
Signature and seal of a professional land surveyor affixed to
the lot consolidation plan.
5.
Filing Fee. A filing fee shall accompany the application. The Kingston
Township Board of Supervisors shall create by resolution a schedule
of fees to be paid by the applicant to defray the cost of administering
and processing applications and lot consolidation plans. The schedule
of fees may be changed from time to time by resolution of the Board
of Supervisors.
C.
The Zoning Officer and the Planning Commission shall have the right
to request additional information and/or evidence relative to the
application and to those persons having any proprietary interest in
the lots to be consolidated, including copies of documents. The applicant
shall provide such additional information and/or evidence before approval.
D.
The Zoning Officer shall inform the applicant of any omissions in
the application and any requests for additional information and/or
evidence and any necessary revisions. The applicant shall cure every
omission, respond to every request, and make every necessary revision
before approval.
E.
Upon determining that an applicant has complied with all of the provisions of Subsections B, C, and D above, the Zoning Officer shall forward the application and all supporting documentation, including all additional information and/or evidence, to the Planning Commission, the Township Manager, and the Board of Supervisors.
F.
The Planning Commission shall make a decision on the lot consolidation
plan by either requesting additional information and/or evidence,
approving the plan, granting conditional approval, or disapproving
the plan.
G.
The decision of the Planning Commission shall be in writing and shall
be communicated to the applicant personally or mailed to the applicant
at the last known address not later than 15 days following the decision.
If a lot consolidation plan is disapproved, the decision shall specify
defects found in the application, shall describe requirements which
have not been met, and shall cite the provisions of the ordinance
relied upon in each case. If conditions are placed upon an approval,
it shall be the responsibility of the applicant, in writing, to accept
or reject the conditions within a maximum of 30 days after the date
of the decision by the Planning Commission. If the applicant fails
to accept or reject the conditions within such time period, then it
shall be presumed that the applicant has accepted all of the conditions
upon the approval. If the applicant rejects any condition, then the
approval shall be rescinded, unless a decision of a court determines
such condition was not valid.
H.
After final approval, the applicant shall record the lot consolidation
plan and the deed of conveyance in the office of the Recorder of Deeds
of Luzerne County within 90 days of the date of final approval and
shall furnish the Zoning Officer with a copy of such plan and deed
of conveyance with the recording data thereon.
I.
All lot consolidations shall be permanently retained in a property
file for such purposes in the office of the Zoning Officer, including
the original application, consents and a copy of the original lot
consolidation plan or plans.
J.
Effect of Lot Consolidation. After approval of any lot consolidation
plan, the resulting single lot from such consolidation shall be thereafter
a single lot and may not be thereafter replotted or resubdivided without
following all applicable procedures of the Kingston Township Code.
