LACKAWAXEN TOWNSHIP PIKE COUNTY,  PENNSYLVANIA

SUBDIVISION AND LAND DEVELOPMENT ORDINANCE

 

JULY 15,  1992

 

 

 

 

 

 

 

 

 

 

PREPARED BY

THE LACKAWAXEN TOWNSHIP BOARD OF SUPERVISORS THE LACKAWAXEN TOWNSHIP PLANNING COMMISSION TOWNSHIP SOLICITOR JAY ROSE

 

 

 

 

 

 

 

 

 

 

Community Planning & Transportation Associates

Carson Helfrich HCR Box 59 Paupack, PA    19451 (717)  857-0282

LACKAWAXEN TOWNSHIP, PIKE COUNTY

SUBDIVISION AND LAND DEVELOPMENT ORDINANCE TABLE OF CONTENTS

 

ARTICLE I - GENERAL PROVISIONS

101         Adoption-Authority-Title ............................. 1

102         Jurisdiction ......................................... 1

103         Purpose................................................ 2

ARTICLE II - DEFINITIONS

201          Tense, Gender and Number ............................. 3

202          General Terms    ..................................... 3

203          Terms or Words Not Defined............................ 3

204          Specific Terms ....................................... 3

ARTICLE III - PLAN PROCESSING PROCEDURES

301         General............................................... 12

302         Sketch Plan........................................... 12

303         Preliminary Plans for Major Subdivisions and

Land Developments..................................... 13

304  Final Plans for Major Subdivisions and

Land Developments..................................... 17

305         Minor Subdivisions .................................    22

306         Lot Improvement Subdivisions........................    27

307         Subdivision From Large Parcel    ..................... 28

308         Minor Land Development................................ 28

ARTICLE IV - PLAN REQUIREMENTS

400          Level of Detail...................................... 31

401          Sketch Plan Requirements for Formal Review.........   31

402          Preliminary Plan Requirements for Major Subdivisions

and Land Developments..............................   33

4 03   Final Plan Requirements for Major Subdivisions and

Land Developments.................................... 38

4 04   Minor Subdivisions, Final Plan Requirements........ 45

405   Plan Requirements for Lot Improvement Subdivisions ...     50

ARTICLE V - IMPROVEMENT CONSTRUCTION GUARANTEES

501         General............................................   51

502         Sections/Stages....................................   51

503         Improvement Construction Guarantees................   51

504         Improvements Construction    ........................ 55

505         Improvement Maintenance Guarantee..................   56

 

LACKAWAXEN TOWNSHIP,  PIKE COUNTY

SUBDIVISION AND LAND DEVELOPMENT ORDINANCE TABLE OF CONTENTS  (cont.)

506          Continued Ownership and Maintenance of Improvements    .  .    56

507          Subdivision and/or Land Development Improvements Agreement    57

508          Development Improvements in Prior Subdivisions and

Land Developments................................... 59

 

ARTICLE VI - DESIGN STANDARDS/IMPROVEMENT SPECIFICATIONS

601          General Standards    ...............................   62

602          Blocks and Lots.....................................   63

603          Streets/Roads.......................................   65

604          Monuments and Markers............................. .   76

605          Stormwater and Drainage Control....................... 78

606          Soil Erosion and Sedimentation Controls............... 81

607          Water Supply and Sewage Disposal...................... 81

608          Multi-Family Dwellings..............................   84

609          Cluster Development.................................   84

610          Mobile Home Parks...................................   84

611          Recreational Vehicle Parks and Campgrounds..........   85

ARTICLE VII - ADMINISTRATION

701          Amendment............................................. 86

702          Waivers/Modifications...............................   86

703          Penalties............................................. 87

704          Fees.................................................. 89

705          Records............................................... 90

706          Validity.............................................. 90

707          Conflicts............................................. 90

708          Adoption............................................   90

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

-ammm planning and transportation associates, carson iielfrich, paupack, pa 18451

ARTICLE I GENERAL PROVISIONS

101 Adoption - Authority - Title

THE BOARD OF SUPERVISORS OF LACKAWAXEN TOWNSHIP, PURSUANT TO THE PENNSYLVANIA MUNICIPALITIES PLANNING CODE, ACT 247 OF 1968, AS AMENDED, 53 P.S. 10101 ET SEQ., HEREBY ENACTS AND ORDAINS THE FOLLOWING ORDINANCE GOVERNING SUBDIVISIONS AND LAND DEVELOPMENTS WITHIN THE LIMITS OF LACKAWAXEN TOWNSHIP. THIS ORDINANCE SHALL BE KNOWN AND MAY BE CITED AS "THE LACKAWAXEN TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE."

102 Jurisdiction

102.1 Application

This Ordinance shall apply to all subdivisions and land developments in Lackawaxen Township proposed after the effective date of this Ordinance. No subdivision of any.lot, tract, or parcel of land nor any land development shall be affected, no street, sewer system, storm sewer, water system, or other facilities, in connection therewith, shall be laid out, constructed, opened, or dedicated for public use or travel, or for common use of occupants of buildings or lands abutting thereon, no lot may be sold, no permit to erect any building may be issued and no building may be erected, except upon approval of the final plan and in strict accordance with the provision of these regulations, and until the improvements required in connection therewith have either been constructed or guaranteed as herein provided.

102.2 Prior Approvals

If an applicant has received approval of a Preliminary or Final Plan prior to the effective date of this Ordinance, no provision of this Ordinance shall be applied to adversely affect the right of the applicant to commence and complete any aspect of the approved Preliminary or Final Plan in accordance with the terms of such approval within five (5) years of the date of his application. When approval of a Final Plan has been preceded by approval of a Preliminary Plan, the five year period shall be counted from the date of Preliminary Plan approval. If there is any doubt as to the terms of approval, the terms shall be construed in light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.

102-3 Previously Filed Maps

In cases where a map was filed and put on record prior to the enactment of this Ordinance or other prior regulations and any improvements shown on said map have not been installed or completed, said improvements shall be designed and installed in accord with Articles V through VIII of this Ordinance.    (See also Section 508).

103 Purpose

This Ordinance has been adopted to protect and promote the health, safety, and general welfare of the citizens of Lackawaxen Township by establishing regulations to allow for the proper and controlled development of the Township, to provide for environmental protection and to insure the proper provision of community facilities.

Regulations for specific types of development for which additional standards have been deemed necessary are intended to protect the rights of the residents of Lackawaxen Township to enjoy clean air, pure water, and the natural, scenic, historic, and aesthetic value of the environment, and in particular to preserve and conserve the natural features of the Township.

No provision of this Ordinance shall be construed to deny the right of any property owner to use and develop his land as may be permitted under this Ordinance, but rather the purpose of this Ordinance is to insure such land uses will cause minimal disturbances to natural features and to the environment and that reasonable measures are taken to mitigate any adverse impacts of such uses.

ARTICLE II DEFINITIONS

201 Tense, Gender and Number

Words in the present tense include the future tense; words used in the masculine gender include the feminine and the neuter? words in the singular include the plural and those in the plural include the singular.

202 General Terms

A.  The words "DEVELOPER", "PERSON", "SUBDIVIDER" and "OWNER"
includes a corporation, unincorporated association and a
partnership or other legal entity, as well as an individual.

B.  The word "STREET" includes thoroughfare, avenue, boulevard,
court, expressway, highway, lane, arterial and road.

C.  The word "BUILDING" includes structures and shall be construed
as if followed by the phrase "OR PART THEREOF".

D.  The term "OCCUPIED" or "USED" as applied to any building shall
be construed as though followed by the words "OR INTENDED,
ARRANGED OR DESIGNED TO BE OCCUPIED OR USED".

E.  The word "LOT" includes plot, parcel, tract, site or any other
similar term.

F.  The word "WATERCOURSE" includes channel, creek, ditch, drain,
dry run, river, spring and stream.

G.  The word "ABUT" shall include the words "DIRECTLY ACROSS FROM".

H.  The words "SHOULD" and "MAY" are permissive.

I.  The words "SHALL" and "WILL" are mandatory and directive.

203  Terms Or Words Not Defined

Where terms or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.

204  Specific Terms

Terms or words used herein, unless otherwise expressly stated, shall have the following meanings:

APPLICANT - A landowner or developer, as hereinafter defined, who has filed an application for a subdivision or development, including his heirs, successors and assigns.

APPLICATION - Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development including but not limited to, an application for a building permit, for approval of a subdivision plat or plan or for approval of a development plan.

BLOCK - A tract of land, a lot or groups of lots, bounded by streets, public parks, water courses, boundary lines of the Township, unsubdivided land or by any combination of the above.

BOARD OF SUPERVISORS - The Board of Supervisors of Lackawaxen Township, Pike County, Pennsylvania.

BUILDING - Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, services, goods or materials of any kind or nature.

BUILDING SETBACK LINE - An open unoccupied space which shall extend the full depth or width of a lot and which shall not be occupied by any portion of any building. Front setbacks shall be measured from the edge of the highway right-of-way and other setbacks from property lines.

CAMPGROUND OR RECREATIONAL VEHICLE (RV) PARK - See Recreational Subdivision or Land Development.

CARTWAY (ROADWAY) - The portion of a street right-of-way paved or unpaved intended for vehicular use.

CLEAR SIGHT TRIANGLE - An area of unobstructed vision at the street intersection defined by lines of sight between points at a given distance from the intersection of the street centerline.

COMMISSION OR PLANNING COMMISSION - The Lackawaxen Township Planning Commission.

COMMON OPEN SPACE - A parcel or parcels of land or an area of water or a combination of land and water within a development site designed and intended for the use and enjoyment of residents of the development, not including streets, off-street parking areas, and areas set aside for public or community facilities.

COMPREHENSIVE PLAN - The complete plan or any part of the plan for the development of Lackawaxen Township adopted in accordance with the Pennsylvania Municipalities Planning Code.

COUNTY - The County of Pike, Commonwealth of Pennsylvania.

CUL-DE-SAC   - A minor street having one end open to traffic and being permanently terminated by a vehicular turnaround.

DEDICATION - The deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

DEVELOPER - Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made, a subdivision of land or a land development.

DISTURBED AREA - Any area of land which has been altered so that the surface of the soil has physically been graded, excavated or otherwise exposed.

DRIVEWAY - A privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having frontage on the said road.

DWELLING - A structure or portion thereof which is used exclusively for human habitation.

DWELLING UNIT - One (1) or more rooms in a dwelling structure, including a kitchen, sleeping facilities, bath and toilet, designed as a household unit for extended periods of occupancy for living and sleeping purposes by not more than one (1) family at a time.

EASEMENT - A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, within which the lessee or owner of the property shall not erect any permanent structure.

ENGINEER - A professional engineer licensed as such in the Commonwealth of Pennsylvania.

GROSS FLOOR AREA - The sum of the total horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for vehicles, or any space where the floor-to-ceiling height is less than six feet.

HOTEL - A facility offering temporary (generally for periods of two weeks or less) lodging accommodations to the general public, typically on the basis of daily or weekly rentals, and providing additional services such as restaurants, meeting rooms and recreational facilities.

IMPROVEMENTS - Those physical additions and changes to the land that may be necessary to provide usable and desirable lots.

LAND DEVELOPMENT - (1) A subdivision of land; (2) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

A. A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

B- The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

The definition of land development shall not include the following:

A.  The conversion of an existing single-family detached dwelling or
single family semi-detached dwelling into not more than three
residential units, unless such units are intended to be a
condominium;

B.  The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building;

LAND DEVELOPMENT, MAJOR - Any land development which is not a minor land development. All mobile home parks, recreational vehicle parks, and campgrounds shall be considered major land developments.

LAND DEVELOPMENT, MINOR - See Section 308.

LANDOWNER - The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee, if he is authorized under the lease to exercise the rights of the landowner or other persons having a proprietary interest in the land, shall be deemed to be a landowner for the purposes of this Ordinance.

LOT - A designated parcel, tract or area of land, regardless of size, established by a plot or other legal means,and intended for transfer of ownership, use, lease or improvements or for development, regardless of how or if it is conveyed.

LOT AREA - The total number of square feet in the lot less any area included in any rights-of-way affecting the lot.

LOT DEPTH - The average horizontal distance between the front lot line and the rear lot line.

LOT IMPROVEMENT SUBDIVISION - The realignment of lot lines or the transfer of land to increase the size of an existing lot provided the grantor's remaining parcel complies with all provisions of this Ordinance and the Lackawaxen Township Zoning Ordinance AND no new lots are created,; or the combination or reallotment of small lots into a larger lot or lots.

LOT LINE, FRONT - The property line separating the lot from a street.

LOT LINE, REAR - The lot line opposite and most distant from the front lot line.

LOT LINE, SIDE - Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.

LOT WIDTH - The average of the width of a lot at the building setback line and the rear lot line.

MOBILE HOME - A transportable, single family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT - Land occupied or to be occupied by a mobile home in a mobile home park, improved with the necessary utility connections and other appurtenances; and, said lot being specifically designated by diversion from other lots in the mobile home park.

MOBILE HOME PARK - A parcel or contiguous parcels of land under single ownership which has been planned and improved for the placement of two (2) or more mobile homes.

MOTEL - A facility offering temporary (generally for periods of two weeks or less) lodging accommodations to the general public, typically on the basis of daily or weekly rentals, with at least 25% of the rooms having direct access to the outside.

MUNICIPALITY - Lackawaxen Township, Pike County, Pennsylvania.

PERFORMANCE GUARANTEE - A written instrument which may be accepted by the Township- Supervisors in lieu of a requirement that certain improvements be made by a developer before the final plan is granted final approval and released for recording, which shall provide for the deposit with the Township of financial security in an amount sufficient to cover the costs of any improvements or common amenities including, but not limited to, roads, sanitary sewage facilities, water supply and distribution facilities, storm water detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements and buffer or screen planting which may be required.

PLAN OR PLAT - A map or drawing indicating the subdivision or resubdivision of land or a land development which in its various stages of preparation including the following:

A.  SKETCH PLAN - An informal plan, identified as such with the
title Sketch Plan on the map, indicating salient existing
features of a tract and its surroundings and the general layout
of the proposal to be used as a basis for consideration by the
Township.

B.  PRELIMINARY PLAN - A complete plan prepared by a registered
professional engineer and/or by a registered professional land
surveyor, identified as such with the wording Preliminary Plan
in the title, accurately showing proposed streets and lot layout
and such other information as required by this Ordinance.

C.  FINAL PLAN - A complete and exact plan identified as such with
the wording Final Plan in the title, with a registered
professional engineer's and/or a registered professional land
surveyor's seal affixed and prepared for official recording as
required by this Ordinance to define property rights, proposed
streets and other improvements.

D.  RECORD PLAN - The copy of the final plan which contains the
original endorsements of the Township Planning Commission, the
County Planning Commission and the Township Board of Supervisors
and which is intended to be recorded with the County Recorder of
Deeds at Milford, Pennsylvania.

PLANNING COMMISSION - The Planning Commission of Lackawaxen Township, Pike County, Pennsylvania.

PUBLIC HEARING - A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this ordinance and the Pennsylvania Municipalities Planning Code.

PUBLIC MEETING - A forum held pursuant to notice under the act of July 3,  1986  (P.L.388, No.  84),  known as the "Sunshine Act."

PUBLIC NOTICE - Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing.

RECREATIONAL SUBDIVISION OR LAND DEVELOPMENT; The division or re-division of a lot, tract or parcel of land, by any means, into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot line for the purpose, whether immediate or future, of lease, rent, sale or transfer of ownership, for the purpose of providing a site for travel trailers, truck campers, camper trailers,  motor homes and tents,  for transient use.     Campgrounds, recreational vehicle parks, primitive camping facilities and other similar facilities shall fall under this definition.

RECREATIONAL SUBDIVISIONS OR LAND DEVELOPMENT, TRANSIENT: Publicly operated facilities, or businesses, offering sites with the usual accessory recreational and service facilities, not normally including eating facilities, for use for tent camping and/or recreational vehicle camping by the public at large on a transient basis. Sites are rented on a daily or weekly basis.

RECREATIONAL SUBDIVISIONS OR LAND DEVELOPMENT. NON-TRANSIENT: Planned private communities with recreational and service facilities, including central water and sewage and usually a restaurant and/or bar, lounge, chapel, and community hall, for use only by occupants of tent and/or recreational vehicle sites within the campground. Sites may be owned in common, or may be owned individually by deed conveyance, or may be leased on an annual basis.

RESERVE STRIP - A parcel of ground in separate ownership separating a street from other adjacent properties or from another street.

RESUBDIVISION - Any revision, replatting or resubdivision of land which includes changes to a recorded plan.

REVERSE FRONTAGE LOTS - Lots which front on one public street and back on another with vehicular access solely from only one street.

RIGHT-OF-WAY - The total width of any land reserved or dedicated as a street, drainage way or for other public or semi-public purposes.

SEWAGE DISPOSAL, CENTRAL - A sewage collection and disposal system in which sewage is carried from more than one individual lot, dwelling or other unit by a system of pipes to a central treatment plant or subsurface or other type disposal area in compliance with the Pennsylvania Department of Environmental Resources regulations.

SEWAGE DISPOSAL, ON-SITE - Any structure designed to biochemically treat sanitary sewage within the boundaries of an individual lot from one individual dwelling or other type unit.

SIGHT DISTANCE, VERTICAL - The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.

STREET - A strip of land, including the entire right-of-way, whether public or private designed to provide access, by vehicular traffic or pedestrians,    to more than one (1) lot.

A. COLLECTOR STREET - Provides access to abutting properties, intercept minor streets and provide routes for considerable volume of traffic to community facilities and major streets and serves one-hundred (100) dwelling units or more.

B.  MINOR STREET - Provides access to abutting properties and serves
less than one-hundred (100) dwelling units.

C.  PRIVATE ACCESS STREET - See Section 603.7.

STRUCTURE - A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.

STRUCTURE, PRINCIPAL - A structure or, where the context so indicates, a group of structures in or on which is conducted the principal use of the lot on which such structure is located.

SUBDIVIDER - See "Developer".

SUBDIVISION - The division of or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for any purpose, further classified and defined as follows:

A.  MINOR SUBDIVISION - A subdivision that creates ten (10) lots or
less, or the cumulative development on a lot by lot basis for a
total of ten (10) lots or less of any original tract of record
(i.e. not subdivided or developed subsequent to the effective
date of this Ordinance, December 27, 1980; and which does not
require the construction or extension of any streets or
municipal facilities and creates no public or private community
facilities such as, but not limited to, stormwater control
facilities, a central water supply, a central sewage disposal
system, or streets.

B.  MAJOR SUBDIVISION - Any subdivision that is not a minor
subdivision -

SUBSTANTIALLY COMPLETED - Where, in the judgment of the municipal engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to this Ordinance) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

SUPERVISORS - The Lackawaxen Township Board of Supervisors.

SURVEYOR   -  A  professional   land   surveyor  licensed  as   such   in   the Commonwealth of Pennsylvania.

TOURIST LODGING FACILITY UNIT - One (1) or more rooms in a motel, hotel or other lodging facility, including sleeping facilities, and which may also include bath and toilet and kitchen facilities used for temporary lodging accomodations.

TOURIST RECREATION AND LODGING FACILITY - A recreational facility designed to provide overnight accommodations in permanently constructed dwelling units in combination with a variety of generally passive recreational opportunities such as golf, hiking, swimming, etc., not including campgrounds or RV parks.

TOWNSHIP - Lackawaxen Township, Pike County, Pennsylvania.

TRAVELWAY - The portion of the cartway used for steady movement of vehicles.

WATERCOURSE - A discernable, definable natural, man made or altered course or channel along which water is conveyed ultimately to streams and/or rivers at lower elevations. A watercourse may originate from a lake or underground spring(s) and may be permanent in nature or it may originate from a temporary source such, as a runoff from rain or melting snow.

WATER SUPPLY, CENTRAL - A public or private utility system designed to supply and transmit drinking water from a common source to two or more dwelling units or uses in compliance with the Pennsylvania Department of Environmental Resources regulations.

WATER SUPPLY, ON-SITE - A system for supplying and transmitting drinking water to a single dwelling or other use from a source located on the same lot, and in compliance with the Pennsylvania Department of Environmental Resources if such compliance is required.

WETLANDS - An area of land where the presence of water (at least during part of the year) determines the soil characteristics of the site and the species of vegetation growing on the site; said areas meeting the most current applicable state and federal criteria; and being regulated by the PA DER and the U.S. Army Corps of Engineers.

ZONING ORDINANCE - The Lackawaxen Township Zoning Ordinance.

ARTICLE III PLAN PROCESSING PROCEDURES

301 General

All plans for the subdivision and/or development of land within the corporate limits of Lackawaxen Township shall be submitted to and reviewed by the Township Planning Commission and other Township, State and/or County Officials as provided in this Ordinance, and shall be approved or disapproved by the Governing Body in accordance with the procedures specified in this Article.

302 Sketch Plan

302.1  Sketch Plans

Applicants are encouraged, but not required, to submit a sketch plan to the Planning Commission prior to the submission of a Preliminary Plan or Minor Plan.   The purpose of the Sketch Plan is to establish:

A.  The overall objectives of the applicant.

B.  The   extent   to   which   the   proposed   plan   conforms   with   the
provisions of this Ordinance.

C.  If the said plan shall qualify as a major or a minor subdivision
and/or land development.

302.2  Non-formal Filing

A sketch plan shall be considered a submission for discussion between the applicant and the Planning Commission and shall not constitute a formal filing of a plan with the Planning Commission. All sketch plans submitted shall be so noted on the Plan and in the minutes of the Planning Commission.

302-3     Detailed Review

Applicants may request, by letter to the Planning Commission, a detailed review of a Sketch Plan by the Commission. In such cases six (6) copies of the Sketch Plan and supporting documents shall be submitted to the Township Secretary at least five (5) days prior to the Planning Commission meeting at which the plan is to be discussed.

302.3.1 Sketch Plan Distribution - The Township Secretary shall, as directed by the Planning Commission, distribute the plans and supporting documentation as follows.

A.    Two    (2)    copies    to   the    Lackawaxen    Township    Board    of Supervisors.

B.  One (1) copy to the Township Engineer.

C.  One (1) copy to the Township Zoning Officer.

D.  One (1) copy to any other such Engineer or Consultant as the
Commission may designate.

302.3.2 Written Comments - Comments of the Township Engineer, Township Zoning Officer and other Township consultants shall be made in writing and submitted to the Township Secretary prior to the meeting at which the Sketch Plan will be discussed.

302.3-3 Review by the Township Planning Commission - When a Sketch Plan has been properly submitted for detailed review, the plan shall be reviewed and discussed by the Township Planning Commission at the next regularly scheduled meeting. During the review of the Sketch Plan, the Township Planning Commission shall consider the written reports of the Township Engineer, the Township Zoning Officer and other Consultants before making its comments.

303 Preliminary Plans for Major Subdivisions and Major Land Developments

All applications for major subdivisions and land developments shall be submitted to Lackawaxen Township and processed in accord with this Section 303.

303.1   Official Submission of Preliminary Plans

303.1.1   Plan to be Filed With the Township - In order to initiate the determination of completeness, copies of the Preliminary Plan and all required supporting documentation shall be submitted to the Township Secretary by the Applicant or his authorized representative at least ten (10) working days prior to the Planning Commission meeting when the Applicant applies for the "Official Date of Preliminary Plan Submission".

303.1.2   Number of Copies to be Submitted - The official submission of the Preliminary Plan shall include the following:

A.  Eleven (11) completed copies of the subdivision and/or land
development plan review application. Twelve (12) copies are
required if a state road abuts or transverses the subdivision.

B.  Eleven (11) legible blue-line paper prints of the Preliminary
Plan. Twelve (12) prints are required if a state road abuts or
transverses the subdivision.

C.  Six (6) copies of the zoning compliance report.

D.  Six (6) copies of the required sewage planning module(s) and
associated documentation.

E.  Five (5) copies of all other required supporting data and
information as required in Article IV of this Ordinance.

303.1.3   Preliminary Plan Filing Fee - The Township Secretary
shall collect a preliminary plan filing fee as established by
resolution of the Board of Supervisors for all subdivisions.

A. Fees shall be charged in order to cover the costs of examining plans and other administrative expenses associated with the review of subdivisions and land developments.

B- The applicant shall pay the fee at the time of initial submittal of the application to the Township Secretary.

303.1.4 Preliminary Plan Submission Verification - Upon receipt of
the Preliminary Plan and supporting data the Township Secretary
shall check the submission for the required number of copies of
all documents.

A.  If the submission is complete, the Secretary shall accept the
said plans and documentation, complete the submission
verification noting same and provide a copy of the plan
submission verification to the Applicant.

B.  If the submission is not complete, the Secretary shall
complete the plan submission verification noting any and all
deficiencies or omissions in the submission, provide a copy of
the plan submission verification to the Applicant, and return
all documents to the Applicant.

C.  The plan submission verification shall only verify that the
correct number of copies of all plans and documentation has
been submitted and shall in no way be construed to be a plan
submission receipt.

303.1.5 - Official Date of the Preliminary Plan Submission - The
official date of the preliminary plan submission shall be
determined as follows:

A. At the first regularly scheduled meeting of the Planning Commission following the provision to the Township Secretary of the required number of copies of all documents for the preliminary plan submittal, the Planning Commission shall examine the submittal to determine that all documents are complete and in proper form.

1. If the submittal is not complete or not in the proper form the Applicant shall be notified in writing of the deficiencies and the submittal shall be rejected until the said deficiencies are corrected then examined again at the next regularly scheduled or special meeting after the resubmittal.

2. If the submittal is complete and acceptable the Chairman of the Planning Commission shall complete an official submission receipt listing the date of the said meeting as the official date of the preliminary plan submission and forward said receipt to the Applicant.

B. If the first meeting of the Planning Commission following the date of submittal verification occurs more than thirty (30) days following the date of submittal verification established in accord with Section 303.1.4 of this Ordinance, the ninety (90) day review period shall be measured from the thirtieth (30th) day following the day of said submittal verification.

303.1.6 Distribution of the Preliminary Plan - The Township Secretary shall, immediately after the official date of submission and as directed by the Planning Commission, refer the Preliminary Plan and applicable supporting documents, after all required fees have been collected, to the following who shall provide written comments and recommendations to the Planning Commission and the Board of Supervisors:

A.  The Pike County Planning Commission

B.  The Township Engineer

C.  The Township Zoning Officer

D.  The Township Solicitor

E.  The Township Sewage Enforcement Officer

F.  The Pike County Conservation District

G.  The PA Department of Transportation when applicable.

H.  Any other Engineer or Consultant designated by the Township.

303.2   Preliminary Plan Review and Action

303.2.1 Planning Commission Review and Action Period - The Planning Commission shall review the properly submitted Preliminary Plan to determine compliance with this Ordinance and take action to reject, or recommend to the Board of Supervisors, denial, approval, or approval with conditions and modifications, of such plan as provided in this Section 303.2. The Planning Commission shall make its recommendation to the Board of Supervisors and communicate in writing such recommendation to the applicant within fifteen (15) days of when the decision was made.

If approval is recommended, the plans and written notice of said recommendation along with the sewage planning and other documentation shall be forwarded to the Board of Supervisors. If approval with conditions is recommended such approval recommendation shall be communicated to the Board of Supervisors and the Applicant in writing along with a statement of the conditions. If denial is recommended, the specific reasons for such denial and date shall be communicated to the Board of Supervisors and the Applicant.

303.2.2   Board of Supervisors Review and Action Period - Upon the receipt of the Planning Commission's recommendation, the Board of Supervisors shall make its decision regarding the Preliminary Plan and communicate in writing such decision to the Applicant within fifteen (15) days of when the decision is made. However, in no case shall the period for Township review and action, including the written communication to the applicant, exceed ninety (90) days from the "Official Date of the Preliminary Plan Submittal" as established pursuant to Section 303.1.5.

303.2.3   Board of Supervisors Approval with Conditions - When a Preliminary Plan is approved with conditions, such conditions shall be expressly included in the minutes of the Board of Supervisors meeting at which the Preliminary Plan is considered and communicated in writing to the applicant as provided in Section 303.2.2. When a preliminary plan has been approved subject to any conditions and/or modifications, and the Applicant does not agree and accept the said conditions and/or modifications, in writing within fifteen (15) days of receipt of said written notice, the said conditional approval of the preliminary plan shall become an automatic disapproval and the said plan shall be resubmitted as required by Section 303 of this Ordinance, including a new filing fee. The written notice to the Applicant shall include the specific terms of this Section 303.2.3 and shall note that failure to agree and accept the conditions is the reason   for denial.

303.2.4   Board of Supervisors Denials - When a Preliminary Plan is denied, the reasons for such denial, citing specific provisions of this Ordinance or other applicable statute, shall be expressly included in the minutes of the Board of Supervisors meeting at which the Preliminary Plan is considered and communicated in writing to the applicant as provided in Section 303.2.2.

 

303.3   Reviewing Agency and Officials Comments

The Planning Commission and the Board of Supervisors may consider the comments and the recommendations provided pursuant to Section 303.1.6 and may request such additional information as deemed necessary.

303.4  Pike County Planning Commission Comments

No official action shall by taken by the Board of Supervisors until the Township has received and considered the comments of the Pike County Planning Commission or after thirty (30) days following transmittal of the Preliminary Plan to the County Planning Commission.

303.5  Sewage Planning Modules

The Board of Supervisors shall concurrently make its decision on the Planning Module for Land Development to revise the Township's Official Sewage Facilities Plan, and if approval is granted, the completed sewage planning documents shall be forwarded to the Pennsylvania Department of Environmental Resources. Preliminary Plan approval shall be conditional upon Department of Environmental Resources sewage planning approval.

303.6 Highway Occupancy Permit

If a highway occupancy permit shall be required for access to a Township or State road, approval of the Major Subdivision or Land Development Plan shall be conditional upon the issuance of a highway occupancy permit