[Ord. 486, 6/3/2013, § 3.03]
1. Classification.
A. A division of land to facilitate a lot addition or a land exchange or a division of land which adjoins an existing public street and does not involve the opening, widening, extension or improvement of any street or the installation of any public utility outside the frontage road and does not involve more than five lots or dwelling units (except that subdivision of lots from a property after five or more lots have been previously subdivided is a major subdivision).
B. Dedication or establishment of an unimproved right-of-way or easement shall be a minor subdivision. Replatting, resubdivision or revision of five lots or less shall also be considered a minor subdivision. Multi-family, commercial, industrial and mobile home park development shall be a major, nor minor, subdivision or land development, regardless of the number of lots or units created.
2. Application.
A. A final plan complying with the requirements set forth in this chapter shall be prepared for each minor subdivision or land development and approval of said plat shall be requested from the Township.
B. When filing an application for approval of a minor subdivision or land development, the subdivider shall submit to the Township nine blue line paper prints of the proposal on eighteen-inch by twenty-four-inch sheets. When the eighteen-inch by twenty-four-inch size plans are prepared by reduction of the larger plan original, five sets of the original size plans shall also be provided.
3. Review. Upon receipt of the minor subdivision or land development plan, the Township shall begin to review the final plan for compliance with this chapter. Where applicable, the plan may be forwarded to the Township Engineer, the County Conservation District or other agencies for review and comment. After initial review, the final plan may be forwarded to the Township in which the development is to occur to provide the Township Planning Commission and Board of Commissioners an opportunity for review and comment. Review comments, conditions and findings of the Township may be used as substantiation for plan approval or disapproval. After completion of the review process, the final plan shall be approved or disapproved by the Township.
4. Approval or Disapproval.
A. After an application for approval of a plat of a minor subdivision or land development has been filed with the Township, together will all maps, necessary data, and fees, the plan shall be reviewed and processed. The subdivider or developer shall pay required review fees at the time of official submission of the plat and official submission shall not be deemed to have been made until receipt of all the required review fees. The Township shall complete the review and either approve or disapprove the plat not later than 90 days after such application submission is filed. The decision shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.
B. When the application is approved, it shall be appropriately signed and dated and copies shall be distributed according to Subsection
5 of this section. When the application is disapproved, the decision shall specify the defects found in the application and describe the requirements that have not been met and shall, in each case, cite to the provisions of the ordinance relied upon. A disapproved copy of the subdivision or land development plan shall be retained by the Township, one copy shall be sent to the Township and the remaining copies shall be returned to the subdivider, developer and/or his agent.
C. Failure of the Township to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed approval of the application in the terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect. However, removal or withdrawal of the subdivision or land development plan from the approval process by the subdivider, developer and/or his agent shall be considered withdrawal of plan application, shall not obligate the Township to approve or disapprove the plan within the herein described timetable and shall not result in a deemed approval when 90 days have elapsed. Upon knowledge of plan withdrawal, the Township shall notify, in writing, the subdivider or land developer that plan withdrawal has disrupted the approval process and no approval or disapproval will be rendered unless the subdivision or land development plan is resubmitted as a new application.
5. Recording.
A. After approval of a minor subdivision or land development plat by the Township, the original plat paper copy and one additional paper copy shall be filed and recorded in the office of the County Recorder of Deeds, said recording to occur within 90 days of the final or deemed approval date of the plan or the approval shall be null and void. Whenever such plat approval is required by this chapter, the Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the approval of the Planning Department. Likewise, whenever plan review and comment by the Township is required by Township ordinance (this section), the Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the review of the Township.
B. Copies of an approved plat shall be sent to the applicant, the Township and the Lebanon County Planning Department. Additional copies may be distributed to the Pennsylvania Department of Transportation, County Emergency Management Agency, County Assessment Office, Metropolitan Edison Company, Pennsylvania Power and Light Company, Bell of Pennsylvania, Bethel and Mt. Aetna Telephone Company or other utility or related agency making timely request for copies.