The preliminary plan shall be reviewed 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 applicant shall be notified in writing as to the
nature and type of additional information which must be submitted.
The Planning Commission 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 Planning Commission shall consider all official reports, comments and recommendations as provided in § 77-304B of this chapter. The Planning Commission shall render a decision in conformance with § 77-307 of this chapter. The following constitutes the type of action the Planning Commission may take:
A.
The Planning Commission 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. The Planning Commission shall provide written notification to the applicant, in conformance to § 77-307 of this chapter.
B.
The Planning Commission 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 conditional preliminary approval, the Planning Commission shall provide written notification to the applicant, in conformance to § 77-307 of this chapter.
C.
The Planning Commission 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 of the preliminary plan permits the applicant to submit a final plan for review in conformance to§ 77-501B of this chapter. Approval of the preliminary plan does not authorize the sale of lots, property or the recording of the preliminary plan. The Planning Commission shall provide written notification to the applicant, in conformance to § 77-307 of this chapter.
A.
The preliminary plan of a proposed subdivision or land development
shall be labeled as such and shall be clearly and legibly drawn to
a scale not greater than:
B.
The original drawing and all submitted prints thereof shall be made
on a sheet size of 24 inches by 36 inches.
C.
All dimensions shall be set in feet and decimal parts thereof, and
bearings in degrees, minutes and seconds.
D.
The survey shall not have an error of closure greater than one foot
in 10,000 feet.
E.
If the preliminary plan requires more than one sheet, a key diagram
showing relative location of the several sections shall be drawn on
each sheet, and appropriately labeled with match lines.
F.
Preliminary plans shall be so prepared and shall bear an adequate
legend to indicate clearly which features are existing and which are
proposed.
G.
A block for the signatures of the Chairman and Secretary of the Planning
Commission indicating the date of its recommended approval of the
preliminary plan.
H.
A block for the signatures of the Chairman of the Planning Commission
and the Township Secretary indicating the date of approval of the
preliminary plan.
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 with a qualified professional
seal 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 Assessment Office.
H.
All existing man-made features, including, but not limited to, streets,
driveways, farm roads, woods, roads, buildings, foundations, walls,
wells, drainage fields, utilities, fire hydrants, and storm and/or
sanitary sewers. All existing streets, including streets of record
(recorded but not constructed) on or abutting the tract, shall include
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 right-of-ways, culverts, storm
drains, bridges, railroad right-of-ways 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.
Original topography providing the contour lines at vertical intervals
of:
(1)
Not more than five feet for land with an average natural slope of
5% or less.
(2)
Not more than 10 feet for land with an average natural slope exceeding
5%.
(3)
Not more than 20 feet for land with an average natural slope exceeding
15%.
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Topography for major subdivisions or land development shall
be prepared by a professional land surveyor or professional engineer
from an actual field survey of the site or from stereoscopic aerial
photography and shall be coordinated with official USGS bench marks.
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M.
Existing watercourses, streams, ponds, wetlands, floodplain and/or
flood-prone areas, rock outcrops and vegetative cover conditions on
the property according to general cover type including cultivated
land, permanent grass land, meadow, pasture, old field, hedgerow,
woodland, and trees described by plant community, relative age and
condition within the proposed subdivision or land development.
N.
With regard to wetlands, all plans must specifically address the
subject of as to 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.
Soil series, types and phases, as mapped by the U.S. Department of
Agriculture Natural Resources Conservation Service in the published
Soil Survey for the county, and accompanying data published for each
soil relating to its suitability for construction (and, in unsewered
areas, for on-site sewage disposal suitability).
P.
Locations of all historically significant sites or structures on
the tract, including, but not limited, to cellar holes, stone walls,
earthworks, and graves.
Q.
Locations of trails that have been in public use (pedestrian, equestrian,
bicycle, etc.).
R.
All easements and other encumbrances of property which are or have
been filed of record with the Recorder of Deeds of Luzerne County.
S.
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 of the
entire site;
(7)
Locations, widths and purposes of proposed easement and utility rights-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 locations of all proposed streets and existing streets (public
and private) within the site and abutting or adjoining the site;
(2)
The locations, rights-of-way, and cartways 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;
(4)
The beginning and end points of proposed street construction;
(5)
Locations, widths, and purposes of proposed easement and utility
rights-of-way;
(6)
The locations of sidewalks.
C.
Sewage disposal.
(1)
A subdivision and/or land development being serviced by sanitary
sewers shall be connected to public sewers. The developer shall provide
a letter of commitment from DAMA providing notice that DAMA 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 their system to access intended conveyance of sewage to facilities
of the DAMA shall also be required. The following information shall
be provided upon the plan:
(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
PADEP definitions for each;
(c)
Proposed or typical location of building and/or structure with
proposed locations of wells, if applicable;
(d)
Copy of the applicable report and findings of the Township's
Sewage Enforcement Officer.
D.
Water service.
(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)
Locations and sizes of all water lines;
(c)
Locations of fire hydrants.
(2)
A subdivision and/or land development in which 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)
Stormwater management plans, including drawings of present and proposed
contours, stormwater runoff data and facilities for stormwater drainage.
(2)
The locations, sizes and materials of all storm drainage facilities;
(3)
Watershed areas for each drainage facility or swale.
(4)
All stormwater management plans, including the design of proposed
improvements thereunder, must be prepared and sealed by a licensed
professional engineer.
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.
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All plans shall contain the following notice in compliance with
PA. Act 287:
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CALL BEFORE YOU DIG!
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BEFORE YOU DIG ANYWHERE IN PENNSYLVANIA
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DIAL 811 OR 1-800-242-1776
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PA ACT 287 OF 1974 REQUIRES NOT LESS THAN
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THREE BUSINESS DAYS' NOR MORE THAN 10 BUSINESS DAYS'
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NOTICE TO UTILITIES BEFORE YOU EXCAVATE, DRILL OR BLAST
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PENNSYLVANIA ONE CALL SYSTEM INC.
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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 Dallas Township, the PennDOT 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 PennDOT 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, including by deed,
signed by the owner of the property and properly notarized. Acceptance,
laying out and opening of streets shall be in conformance with 53
P.S. § 67304 et seq. of the Second Class Township Code,
as heretofore enacted and amended. Any street offered for public dedication
shall be maintained by the developer until the dedication is accepted
by the Board of Supervisors. Said maintenance shall include but may
not be limited to general repairs to the pavement, removal of debris
from roadways and snow plowing and spreading de-icing material upon
the roadways and/or other events which may inhibit safe vehicular
travel. A notation incorporating the above requirement shall be included
upon the plan.
G.
A sewage planning module and all accompanying data as required by
the PA DEP.
H.
A copy of the Soil Erosion and Sedimentation Control Plan, application
and related information as required by the Luzerne Conservation District.
I.
Stormwater management plans, in conformance with the standards and requirements as set forth in Chapter 72, stormwater Management, of the Code of Dallas Township. All stormwater management plans, including the design of proposed improvements thereunder, must be prepared and sealed by a licensed professional engineer.
J.
In the case of delineation of wetlands, the wetland boundaries, as
provided by the developer, must be verified by either the U.S. Army
Corps of Engineers or the PA DEP based upon a jurisdictional determination
of said agencies.
L.
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.
M.
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 Planning Commission, 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.
N.
A community association document, also known as a "homeowners' association
document" or a "condominium association document," shall be provided
for all subdivision and land development applications which propose
lands or facilities to be used or owned in common by all the residents
of that subdivision or land development and not deeded to Dallas Township.
The elements of the community association document shall include,
but shall not necessarily be limited to, the following:
(1)
A description of all lands and facilities to be owned by the community
association. This description shall include a map of the proposal
highlighting the precise location of those lands and facilities.
(2)
Statements setting forth the powers, duties, and responsibilities
of the community association, including the services to be provided.
(3)
A Declaration of covenants, conditions, and restrictions giving Perpetual
Easement To The Lands And Facilities Owned By The Community Association.
The declaration shall be a legal document which also provides for
automatic association membership for all owners in the subdivision
or land development and shall describe the mechanism by which owners
participate in the association, including voting, elections, and meetings.
Furthermore, it shall give power to the association to own and maintain
the common property and to make and enforce rules.
(4)
Statements prescribing the process by which Community Association
decisions are reached and setting forth the authority to act.
(5)
Statements requiring each owner within the subdivision or land development
to become a member of the community association.
(6)
Statements setting cross covenants or contractual terms binding each
owner to all other owners for mutual benefit and enforcement.
(7)
Requirements for all owners to provide a pro rata share of the cost
of the operations of the community association.
(8)
A process of collection and enforcement to obtain funds from owners
who fail to comply.
(9)
A process for transition of control of the community association
from the developer to the unit owners.
(10)
Statements describing how the lands and facilities of the community
association will be insured, including limits of liability.
(11)
Provisions for the dissolution of the community association,
in the event the association should become unviable.
