[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.
[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.
[Ord. 1994-4, 4/4/1994, § 303]
[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.
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).
