ARTICLE 5

FINAL PLAN

SECTION 501 SUBMISSION AND REVIEW PROCEDURE

501.1 The Planning Commission shall review the Final Plan to determine its completeness including, but not limited to, conformance with the standards and data as set forth in Article 4 and any changes or modifications required by the Planning Commission as a condition of granting approval of the Preliminary Plan.

501.2 The applicant shall submit the Final Plan within one (1) year from the date of the approval of the Preliminary Plan by the Planning Commission, unless an extension in writing has been approved by the Planning Commission. Failure to comply with the one (1) year time requirement, shall render the Preliminary Plan and any accompanying approval as null and void, thus requiring a new submission of the Preliminary Plan.

SECTION 502 REVIEW AND APPROVAL/DISAPPROVAL OF PLAN

The Planning Commission shall consider the 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 Final 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 Final Plan, in which case it shall specify all additional information and/or changes needed, describing the requirements and/or conditions of approval the Preliminary Plan 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 Final Plan. In granting conditional approval of the Final Plan, 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 In such cases, the Planning Commission's conditional approval shall be deemed rescinded upon receipt of the applicant's written notification.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 Final Plan as submitted. Such approval by the Planning Commission shall allow the applicant to file said Final Plan with the Luzerne County Recorder of Deeds Office.

SECTION 503 FINAL PLAN DRAFTING STANDARDS

The Final Plan of a proposed subdivision or land development shall be at 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.

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.

SECTION 504 FINAL PLAN REQUIREMENTS

The Final Plan shall include all additional information and any changes required by the Planning Commission in granting approval of the Preliminary Plan. It shall not be necessary to resubmit all supporting data, required under the Preliminary Plan, provided there have been no changes. In the event of any changes, the procedures and requirements outlined in Section 308 of this Ordinance shall apply. The following additional information shall be included on the Final Plan:

504.1 Drawings and/or plans shall be titled "Final Plan."

504.2 An accurate field boundary survey of the entire site which shall be balanced and close with an error of closure not to exceed one (1) foot in five thousand (5,000) feet.

504.3 The location and material of all permanent monuments and lot markers.

504.4 Written certification by the responsible land surveyor, which attests to the accuracy of the survey and compliance with the applicable provisions of this Ordinance.

504.5 A three (3) inch by five (5) inch blocked space shall be provided on the Final Plan for the signatures of the Chairman and Secretary of the Township Planning Commission indicating the Planning Commission's approval of the Final Plan and date of the same.

A separate three (3) inch by five (5) inch blocked space shall also be provided on the Final Plan for the appropriate signature and/or seal which indicates compliance with required review procedure by the Luzerne County Planning Commission.

504.6 The latest source of title to the property as shown by deed, page number and book of the Luzerne County Recorder of Deeds Office.

504.7 The exact dimensions of all streets, including right-of-way and cartway; lot lines, areas and distances; utility and other easements; and all land to be dedicated to public use.

504.8 All lot lines shall be completely dimensioned in feet if straight, and if curved, by designating length of arc and radius (in feet) and central angle (in degrees, minutes and seconds). All internal angles within the lots shall be designated to the closest second.

504.9 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 setback

lines on both streets shall be shown.

504.10 If applicable, the number of the approved Highway Occupancy Permit

( Township, State or County) and date of issuance or the notation that

deed restrictions prohibit development or improvements to the site or

parcels to be created thereunder until the appropriate Highway Occupancy

Permit is secured.

504.11 A space shall be provided on the lower edge of the Final Plan for

acknowledge of receipt and recording of the plan by the Luzerne County

Recorder of deeds Office.

SECTION 505 ADDITIONAL MATERIAL - SUBMITTED WITH FINAL PLAN

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

505.1 Certification of ownership, certification of Plan's compliance with all applicable terms and conditions required by this Ordinance and/or the Planning Commission and any offer of dedication, if applicable, signed by the owner of the property and notarized.

505.2 Final application and required fee.

505.3 If applicable, a copy of the Highway Occupancy Permit, as required by Franklin Township, the Pennsylvania Department of Transportation and/or the Luzerne County Road and Bridge Department, or the deed restriction that prohibits development or improvements to the site or parcels to be created thereunder until the appropriate Highway Occupancy Permit is secured.

505.4 Copies of final deed restrictions, those existing and those to be included upon recording, if any.

505.5 All final covenants running with the land governing the reservation and maintenance of dedicated or undedicated land or open space.

505.6 Written certification from the Pennsylvania Department of Environmental Resources approving the required Planning Module and any supporting data.

505.7 Written certification from the Luzerne County Conservation District approving the Soils Erosion and Sedimentation Control Plan.

505.8 Final construction plans and subsequent “as built” drawings of all sanitary sewer, water distribution and storm drainage systems, showing their exact location, size and invert elevations; the location of all manholes, inlets and culverts; and final profiles, cross-sections and specifications for proposed streets, sidewalks, sanitary sewers, water distribution systems and storm drainage systems, with written certification from the applicant’s engineer which notes that the above plans and/or drawings are in compliance with the applicable governing design standards and/or have been installed in compliance with said plans or drawings. The submission of the above referenced “as built” drawings shall precede the release of any

remaining funds placed as a financial security by the developer.

505.9 If any streets are not offered for dedication to public use, the applicant shall submit and record with the plan a copy of the agreement made and executed on behalf of the applicant, including his heirs or assigns, subject to review by the Planning Commission’s Solicitor and approval by Planning Commission, establishing the conditions under which the streets may be later offered for dedication. Said conditions shall include, although not limited to, that the subject streets shall conform to the Township's design specifications at such time the offer of dedication is made or that the owners of the lots within the subject subdivision shall include with their offer of dedication sufficient funds, as estimated by the Township Engineer, to provide the needed improvements required for conformance to the Township's design specifications at the time of such dedication.

505.10 An agreement for any streets not offered for dedication, stating who shall

be responsible for the improvements and maintenance of such streets. If a

homeowners association is deemed to be responsible, such association

must be legally organized prior to approval of the Final Plan.

505.11 A financial security, in accordance with Section 704 of this Ordinance,

505.12 subject to the approval by the Planning Commission, for the installation

of required improvements, unless all such improvements are installed and

completed to design specifications prior to Final Plan approval.

505.12 A financial security for the maintenance of improvements, in accordance

with Section 710 of this Ordinance.

505.13 If applicable, written certification from the Municipal Sanitary Authority

granting final approval for the acceptance of the conveyance of sewage for

treatment and disposal from the proposed subdivision and/or land

development.

505.14 Written certification from the appropriate public utility company which

authorizes and approves the provision of water, gas and electrical service

for the proposed subdivision and/or land development.

505.15 All required permits and/or approvals from either the U.S.

Army Corps of Engineers or the Pennsylvania Department of Environmental

Resources for site development activities which affects delineated wetlands.

505.16 The cost of all consulting fees and costs incurred by the Township for the

review of the application, plan and supporting information, data and/or

reports or studies, including but not limited to, any required impact

analysis and site inspections to insure compliance with the terms of

approval and required improvements.

SECTION 506 RECORDING OF PLAN

The applicant shall record the Final Plan in accordance with the requirements as set forth in Section 310 of this Ordinance.