Borough of Forty Fort, PA
Luzerne County
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Table of Contents
Table of Contents

§ 22-301 General Procedure.

[Ord. 1994-4, 4/4/1994, § 301]
1. 
Classification of Subdivision. Whenever any subdivision of land or land development is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection or alteration of a structure in such proposed subdivision or land development shall be granted, the owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision or land development in accordance with the following procedures for subdivision and land development.
2. 
Pre-application Consultation. Prior to filing an application for approval of a subdivision or land development within the Borough of Forty Fort, the owner or his authorized agent shall meet with the Zoning Officer for an official classification of his proposed subdivision or land development. The Zoning Officer shall determine whether the proposal shall be classified as a minor subdivision, a major subdivision or a land development. At this time, the Zoning Officer shall advise the owner or his authorized agent as to which of the procedures contained herein must be followed.
3. 
Official Filing Date.
A. 
For the purpose of these regulations, the official filing date shall be the date of the regular meeting of the Planning Commission next following the date the application and plans are received in the municipal building. Provided, that should said regular meeting occur more than 30 days following the submission of the application, the official filing date shall be the 30th day following the day the application has been submitted.
B. 
Subdivision and land development plans must be submitted at least three weeks in advance of the regularly scheduled Planning Commission Meeting.
C. 
Upon receipt of an application for subdivision or land development approval the Zoning Officer shall affix to the application both the date of submittal and the official filing date.
4. 
Luzerne County Planning Commission Review. All plans shall be submitted to and reviewed by the Luzerne County Planning Commission in accordance with its then prevailing rules and regulations. The Borough of Forty Fort shall forward to the subdivider a copy of any report of the County Planning Commission.

§ 22-302 Fee Schedule.

[Ord. 1994-4, 4/4/1994, § 302]
1. 
All filing, inspection and engineering fees shall be submitted to the Borough of Forty Fort.
2. 
Plan Filing Fee. A filing fee shall accompany the preliminary plan. No application shall be accepted or acted upon unless payment is made to the Borough of Forty Fort. The Council shall create by resolution a schedule of fees to be paid by the subdivider or land developer to defray the cost of administering and processing the plans. The schedule of fees may be changed from time to time by resolution of the Borough Council.
3. 
Review Fees.
A. 
Review fees shall include the reasonable and necessary charges by the Borough's professional consultants or engineer for review and report to the Borough, and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Borough Engineer or consultant for similar service in the community, but in no event shall the fees exceed the rate of cost charged by the engineer or consultant to the Borough when fees are not reimbursed or otherwise impose on applicants.
B. 
In the event the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, notify the Borough that such fees are disputed, in which case the Borough shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
C. 
In the event that the Borough and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the fees shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Borough and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant or developer.

§ 22-303 Minor Subdivision Procedure.

[Ord. 1994-4, 4/4/1994, § 303]
1. 
Minor subdivision plans shall be initiated and submitted for review in the form of a final plan as specified in § 22-403 and shall be otherwise reviewed in accordance with the procedures and standards of § 22-304.
2. 
Additional Subdivision. Any additional subdivision of a tract from which a minor subdivision has already been formed shall be deemed to be a major subdivision and shall follow the procedure applying thereto.

§ 22-304 Major Subdivision and Land Development Procedure.

[Ord. 1994-4, 4/4/1994, § 304; as amended by Ord. 2009-8, 12/7/2009]
1. 
Sketch Plan. Prospective subdividers and developers are strongly urged to discuss possible development sites with the Planning Commission prior to submission of a preliminary plan. A sketch plan shall be presented for review not less than 10 days prior to the regular meeting of the Planning Commission at which it is to be considered. Submission of a sketch plan will not constitute a formal filing of a subdivision or land development plan with the Council. Sketch plans should include those items listed in Part 4, "Plan Requirements."
2. 
Preliminary Plan.
A. 
Submission of Preliminary Plans.
(1) 
The preliminary plan and all information and procedures relating thereto shall in all respects be in compliance with the applicable provisions of this chapter. It is the responsibility of the subdivider or developer to coordinate his plans with the respective private and public service agents.
(2) 
The application form shall be accompanied by the requisite fee as set forth in § 22-302 of this chapter and by not less than three copies of all required material and not less than six prints of the preliminary plan of the subdivision or development as required by the Borough resolution from time to time. Plans must be submitted at least three weeks in advance of meetings.
(3) 
The Zoning Officer shall forward one copy of the preliminary plan prints and one copy of the required material to the Luzerne County Planning Commission and such other agencies as he deems appropriate for review and comment.
(4) 
The Zoning Officer shall forward the remaining copies of the preliminary plan prints and required materials to the Borough Planning Commission.
(5) 
When applicable, the application form shall be accompanied by a planning module for land development, as required by the Pennsylvania Department of Environmental Protection.
(6) 
All subdivision plans shall bear the seal and signature of a professional land surveyor licensed to practice in the State of Pennsylvania.
(7) 
All land development plans shall bear the seal and signature of a professional engineer or registered architect. All calculations for stormwater, traffic analysis, major structures or other engineering disciplines shall bear the seal and signature of a professional engineer.
B. 
Review of Preliminary Plans.
(1) 
In cases where the subdivision or land development adjoins an existing or proposed state highway or has proposed streets entering on to state highways, the developer shall submit the plans to the Pennsylvania Department of Transportation for review.
(2) 
The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter and the Borough Zoning Ordinance [Chapter 27].
(3) 
The Planning Commission shall act on the preliminary plan within 60 days of the official filing date, but in any event shall act on the plan in time for the Council to render their decision within 90 days from the official filing date. In the event that any variance from this chapter is requested by the applicant or is deemed necessary for approval, the variance and the reasons for its necessity shall be entered into the records of the Council.
C. 
Planning Commission Recommendation.
(1) 
The Planning Commission shall recommend whether the preliminary plan shall be approved, approved with modifications, or disapproved, and shall notify the Council in writing thereof, including, if disapproved, a statement of reasons for such action.
(2) 
In making its recommendation, the Planning Commission shall consider the recommendations of the Zoning Officer, Borough staff, the Borough Engineer, the Luzerne County Planning Commission, interested residents and the recommendations of any agency or agencies from which a review was requested under Subsection 2A(3) of this section.
D. 
Zoning Officer Review. All plans shall be reviewed by the Zoning Officer, which approval shall precede the transmission of such plans to the Council.
E. 
Resubmission of Preliminary Plans. A revised plan submitted after disapproval shall be considered and processed as a new plan submission.
F. 
Approval of Preliminary Plans.
(1) 
The Council shall act on the preliminary plan within 90 days of the official filing date. Failure to do so shall be deemed an approval. Before acting on a preliminary plan, the Council may hold a hearing thereon after public notice.
(2) 
The Council shall notify the applicant of its decision to approve, approve with conditions, or disapprove the preliminary plan in writing. Such notice shall be given to the applicant in person or mailed to him at his last known address not later than 15 days following the decision. If the plan is approved with conditions or disapproved, the Council shall specify in their notice the conditions which must be met and/or the defects found in the plan, and the requirements which have not been met, including specific reference to provisions of any statute or ordinance which have not been fulfilled.
(3) 
Approval of the preliminary plan 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 subdivider or developer to the general scheme of the subdivision shown, unless a revised preliminary plan is submitted, and permits the subdivider to proceed with final detailed design of improvements, to arrange for guarantee to cover installation of the improvements and to prepare the final plan. Approval of the preliminary plan does not authorize the sale of lots nor the recording of the preliminary plan.
(4) 
No grading shall take place before preliminary approval is given to the plans submitted to the Council.
3. 
Final Plan.
A. 
Submission of Final Plans.
(1) 
After the subdivider or developer has received official notification from the Council that the preliminary plan has been approved, he must submit a final plan in accordance with the provisions of § 508 of the Municipalities Planning Code, 53 P.S. § 10508.
(2) 
The final plan shall conform in all respects with the approved preliminary plan. If it does not, the plan submitted shall be considered as a revised preliminary plan and shall be forwarded by the Zoning Officer to the Planning Commission for review and recommendation as a preliminary plan.
(3) 
The subdivider or developer must submit with the final plan a guarantee for the installation of improvements which meets the requirements of Part 6.
(4) 
The application form shall be accompanied by the requisite inspection and engineering fees as set forth in § 22-302.
(5) 
Documented approval of the planning module for land development by the Pennsylvania Department of Environmental Protection shall be a part of the requisite materials accompanying the final plan submission.
(6) 
The subdivider or developer shall submit a reproducible original of the plans, nine prints of the final subdivision or land development plans and at least three copies of all other required information.
(7) 
Upon receipt of the final plan, the Zoning Officer shall forward the original plans and five copies of the plans and one copy of all other material to the Planning Commission for review and recommendation; one copy of the plan and one copy of all other material to Luzerne County Conservation District for review and comments; one copy of the plan and one of all other material to the Luzerne County Planning Commission; one copy to the Borough Sanitary Engineer and copies to such other agencies whose recommendations would be pertinent to the processing of the plan.
B. 
Review of Final Plans.
(1) 
The Planning Commission will review the plan and requisite materials for compliance with the approved preliminary plan and conformance to the requirements of this chapter.
(2) 
The Planning Commission shall act on the final plan within 60 days of the official filing date.
C. 
Planning Commission Recommendation.
(1) 
The Planning Commission shall recommend whether the final plan shall be approved, approved with modifications, or disapproved, and shall notify the Council in writing thereof, including, if approved with modifications or disapproved, a statement of reasons for such action.
(2) 
In making its recommendation, the Planning Commission shall consider the recommendations of the Zoning Officer and staff, the Borough Engineer, the Luzerne County Planning Commission, the Luzerne County Road and Bridge Department, the Luzerne County Conservation District, PennDOT and the recommendations of any agency or agencies from which a review was requested under paragraph .3.A(7).
D. 
Zoning Officer Review.
(1) 
All plans shall be reviewed by the Zoning Officer, which approval shall precede the transmission of such plans to the Council.
E. 
Resubmission of Final Plans. A revised plan submitted after disapproval shall be considered and processed as a new plan submission.
F. 
Approval of Final Plans. The Council will not take official action to approve a final plan unless it is accompanied by a guarantee for the installation of improvements which meet the requirements of Part 6.
(1) 
A requirement that the land developer show a current certificate of liability insurance for a minimum of $1,000,000 with Forty Fort Borough named as coinsured, before any construction work begins, and for the duration of the project.
(2) 
The Council shall take action within 90 calendar days from the official filing date of the final plan. Failure to do so shall be deemed an approval.
(3) 
The Council shall notify the applicant in writing of its decision to approve, approve with conditions, or disapprove the final plan. Such notice shall be given to the applicant in person or mailed to him at his last known address not later than 15 days following the decision. If the final plan is disapproved, the Council shall specify the defects found in the plan and the requirements which have not been met, including specific reference to the provisions of any stature or ordinance which have not been fulfilled.
(4) 
If the final plan is approved subject to conditions, the Council shall not endorse the plan until all of the conditions have been met.
(5) 
If the Council approves the final plan or grant a conditional approval, they shall set the amount of bonding or other security necessary to guarantee the construction of improvements and community facilities and shall state such amount in the notice to the applicant.
G. 
Recording of Final Plans.
(1) 
Upon approval of the final plan, the subdivider or developer shall prepare one transparent reproduction of the original final plan on stable plastic base film and no less that four prints thereof which shall be submitted to the Borough of Forty Fort not later than 30 days after approval. These plans, upon satisfaction of all conditions attached to the approval, will be signed by the Council. A copy of the signed final plan shall be recorded in the office of the Luzerne County Recorder of Deeds within 90 days after approval of the final plan or the approval of the Council shall be null and void. The final plan must be recorded before proceeding with the sale of lots or construction of buildings.
(2) 
Recording the final plan shall be an irrevocable offer to dedicate all streets and other public ways to public use, and to dedicate or reserve all park reservations and other public areas to public use unless reserved by the subdivider as hereinafter provided. The approval of the final plan shall not impose any duty upon the Borough of Forty Fort concerning maintenance or improvements by ordinance or resolution.
(3) 
The subdivider shall place a notation on the final plan if there is no offer of dedication to the public of streets and certain designated public areas, in which event the title to such areas shall remain with the owner, and the Borough of Forty Fort shall assume no responsibility for improvement or maintenance thereof; which fact shall be noted on the final plan.
H. 
Lot Ownership Transfer. Upon initial transfer of land ownership from the developer and/or landowner to purchaser(s), a complete set of final subdivision plans shall be provided to the purchaser(s).