ARTICLE 4

ARTICLE 4

PRELIMINARY PLAN

SECTION 401 INITIAL REVIEW

The Planning Commission shall review the Preliminary Plan to determine its completeness with regard to the standards, provisions, and requirements of this Ordinance. Any submission which is found to be incomplete shall be deemed to be invalid. The Planning Commission shall notify the applicant in writing as to the nature and type of additional information which the applicant must submit.

SECTION 402 REVIEW BY LUZERNE COUNTY PLANNING COMMISSION

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 thirty (30) days from the date it was forwarded to the Luzerne County Planning Commission.

SECTION 403 REVIEW AND APPROVAL/DISAPPROVAL OF PLAN

The Planning Commission shall consider all official reports, comments and recommendations as provided in Section 304.3 of this Ordinance. The Planning Commission shall render a decision in conformance with Section 308 of this Ordinance. 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 Ordinance relied upon.

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

Ordinance 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 preliminary

approval, the Planning Commission shall include in their

notification that the applicant, within thirty (30) days from the date

of conditional approval, may notify the Planning Commission of his

refusal to accept all said conditions in writing. In such cases, the

Planning Commission's conditional approval shall be deemed

rescinded upon receipt of the applicant's written notification. In the

event that the applicant fails to notify the Planning Commission of

his refusal to accept all said conditions within thirty (30) days from

the date of conditional approval, all conditions shall stand granted

and deemed accepted by the applicant.

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 binds the applicant to proceed with

the installation of the required improvements and/or to arrange for a

form of financial security to cover installation of improvements and

to prepare the Final Plan. Approval of the Preliminary Plan does not

authorize the sale of lots, property or the recording of the

Preliminary Plan. The Planning Commission shall render a decision

in conformance with Section 308 of this Ordinance.

SECTION 404 PRELIMINARY PLAN DRAFTING STANDARDS

404.1 The Preliminary Plan of a proposed subdivision or land development shall be clearly and legibly drawn to a scale not greater than

(a) one (1) inch equals fifty (50) feet for a property in excess of two (2)

acres.

(b) one (1) inch equals twenty (20) feet for a property equal to or less

than two (2) acres.

404.2 The original drawing, and all submitted prints thereof shall be made on a sheet size of twenty-four (24) inches by thirty-six (36) inches.

404.3 All dimensions shall be set in feet and decimal parts thereof, and bearings in degrees, minutes and seconds.

404.4 If the Preliminary Plan requires more than one (1) sheet, a key diagram showing relative location of the several sections shall be drawn on each sheet, and appropriately labeled with match lines.

404.5 Preliminary Plans shall be so prepared and shall bear an adequate legend to indicate clearly which features are existing and which are proposed.

SECTION 405 PRELIMINARY PLAN - EXISTING CONDITIONS

The Preliminary Plan shall contain the following information:

405.1 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.

405.2 Name and address of applicant if different from owner.

405.3 Name of proposed subdivision or land development, labeled as the “Preliminary Plan”.

405.4 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 and its conformance to the provisions of this Ordinance.

405.5 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.

405.6 Total tract boundaries of the property being subdivided, showing bearings and distances, with bearings not less than the nearest ten (10) seconds and distances to the nearest one hundredth (.01) of a foot. The total size of the property shall be listed in both acreage and square feet.

405.7 The names of all adjoining landowners, including block and lot numbers from the Luzerne County Assessor's Office.

405.8 All existing streets, including streets of record (recorded but not constructed) on or abutting the tract, including names, right-of-way widths, cartway (pavement) widths and approximate grades.

405.9 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.

405.10 All existing building or structures within the boundaries of the proposed subdivision or land development.

405.11 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.

405.12 Existing contour lines at vertical intervals of not greater than five (5) feet, when existing slopes are five (5%) percent or greater. Existing contour

lines at vertical intervals of not greater than ten (10) feet, when existing slopes are less than five (5%) percent.

405.13 Existing watercourses, streams, ponds, wetlands, floodplain and/or flood prone areas, wooded areas, tree masses and rock outcrops within the proposed subdivision or land development.

405.14 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.

405.15 A location map at a scale of not greater than one (1) inch equals two thousand (2,000) feet, indicating the relation of the site to its geographic

proximity within the municipality.

SECTION 406 PRELIMINARY PLANS - PROPOSED DEVELOPMENT

The Preliminary Plans shall contain and include the following information:

406.1 Lot layout and related features which shall indicate and provide:

(a) the total number of lots proposed for the site, with identification

numbers;

(b) the dimensions and area of all lots, expressed in either square feet or

acres;

land development, the proposed placement of each building along

each street, and the proposed use of each building;

(d) proposed open space, parks, playgrounds, or recreational facilities,

with any governing conditions thereof;

(e) copies of proposed deed restrictions, easements, and protective

covenants referenced on the plan;

(f) proposed contour lines at vertical intervals of five (5) feet of the

entire site;

(g) location, width and purpose of proposed easements and utility

right-of-way;

(h) In the case of wetlands, total acreage of any such area proposed to

be disturbed.

406.2 Street and right-of-way layout which shall indicate and/or provide:

(a) the location of all proposed streets and existing streets (public and

private) within the site and abutting or adjoining the site;

(b) the location, right-of-way, and cartway 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;

Ordinance, the location of street signs in accordance with Section

808 of this Ordinance and the location of traffic control signs in

accordance with Section 809 of this Ordinance;

(d) the beginning and end point of proposed street construction;

(e) location, width, and purpose of proposed easement and utility

right-of-way;

(f) the location of sidewalks.

406.3 A subdivision and/or land development, when being serviced by sanitary sewers, shall be connected to public sewers. The developer shall provide a letter of commitment from the Municipal Sanitary Authority providing notice that said Authority 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 Municipal Sanitary Authority shall also be required. The following information shall be provided upon the plan.

1. the layout, size and material of sanitary sewers within the site;

2. location of manholes with invert elevation of flow line and grade at the top of each manhole;

3. location of laterals.

A subdivision and/or land development, to be serviced by on-lot sewage disposal, shall provide the following information:

1. location of soil percolation test sites;

2. location and extent of various soil types within the site with DER

definitions for each;

3. proposed or typical location of building and/or structure with

proposed location of wells, if applicable;

4. copy of the applicable report and findings of the Township's Sewage

Enforcement Officer.

406.4 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) location and size of all waterlines;

A subdivision and/or land development, when individual lots are serviced

by individual wells shall indicate the proposed location of the subject

wells upon the plans.

406.5 Storm drainage shall indicate and/or provide:

(a) the location, size and material of all storm drainage facilities;

(b) watershed areas for each drainage facility or swale.

406.6 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.

SECTION 407 ADDITIONAL MATERIALS SUBMITTED WITH

PRELIMINARY PLAN

The following material and information shall be submitted with the Preliminary Plan:

407.1 Proof of ownership including a copy of the existing deed.

407.2 Preliminary Plan Application and required fee.

407.3 The required fee for Luzerne County Planning Commission

review.

407.4 A copy of the application for a Highway Occupancy Permit, if applicable, as required by Franklin Township, the Pennsylvania

Department of Transportation and/or the Luzerne County Road and

Bridge Department.

407.5 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.

(a) Cross-sections for proposed streets and sidewalks shall be

provided at intervals of fifty (50') feet and at intersections

and the limits of work.

(b) Engineering design of proposed bridges or culverts shall be

prepared in conformance with the latest Pennsylvania

Department of Transportation design manuals.

and/or central water supply and distribution system shall be

accompanied by all permit applications for all respective

utilities.

407.6 Any offers of dedication of proposed improvements, signed by the owner of the property and properly notarized.

407.7 A Sewage Planning Module and all accompanying data as required by the Pennsylvania Department of Environmental Resources.

407.8 A copy of the Soil Erosion and Sedimentation Control Plan, application and related information as required by the Luzerne County Conservation District.

407.9 Stormwater management plans, including drawings of present and proposed contours, stormwater runoff data and facilities for stormwater drainage.

407.10 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 Pennsylvania Department of

Environmental Resources based upon a jurisdictional

determination of said agencies.

407.11 Estimated costs by item for required improvements in accordance

with Section 703 of this Ordinance.

407.12 Any other information deemed necessary by the Planning

Commission, including but not limited to any Impact Analysis, as

defined in Article 2 of this Ordinance.

407.13 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.