[Ord. 486, 6/3/2013, § 3.01]
1.
The procedures established in this chapter are intended to define
the steps by which a developer shall design, make an application,
record plats, and construct improvements, and by which the Township
may review, make recommendations, approve plans and otherwise administer
these regulations and this chapter.
2.
For those subdivisions hereinafter classified as minor subdivisions,
a sketch plan and abbreviated final plan procedure is established.
For all others, which are classified as major subdivisions or land
development, a preliminary plan and final plat procedure is established.
[Ord. 486, 6/3/2013, § 3.02]
1.
The Township shall make available to developers copies of this chapter, the zoning code [Chapter 27], the transportation and other adopted plans, street maps, and other information which may affect the development of the property under consideration. Applications for approval of a subdivision or land development shall be in accord with these regulations, other codes and plans as adopted and information furnished.
2.
Prior to the formal submission of a subdivision or land development
plan for review and approval, the subdivider or land developer is
urged to submit a sketch plan to the Township for advice on the requirements
necessary to achieve conformity to the standards of these regulations
as well as to alert the subdivider or land developer as early as possible
to factors which must be considered in the design of a subdivision
or land development, such as pertinent elements of any Township land
use, thoroughfare or other community plans. Review of a sketch plan
is an informal, advisory process to guide the subdivider or land developer
in eventual preparation of a formal preliminary or final plan.
3.
Sketch plans and subsequent official minor and major subdivision
and land development plans should be accompanied by any letters of
transmittal or development details necessary to explain existing or
proposed site conditions which are not self-explanatory on the actual
sketch, minor or major subdivision or land development plan.
[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.
[Ord. 486, 6/3/2013, § 3.04]
1.
Classification. Any subdivision or land development involving more
than five lots or dwelling units; or any subdivision or land development
on a property after five or more lots or dwelling units have previously
been subdivided from that property; or any subdivision or land development
proposing the opening, widening, extension or improvement of a street
shall be deemed to be a major subdivision or land development. Multi-family,
mobile home park, commercial and industrial development shall be considered
major subdivision or land development, regardless of the number of
lots or units created.
2.
Application.
A.
A preliminary plat complying with the requirements set forth in this
chapter shall be prepared for each major subdivision or land development
and an approval requested from the Township.
B.
When filing an application for preliminary approval of a major subdivision
or land development, the subdivider shall submit to the Township six
blue line prints of the proposal. As part of the submission, the subdivider
shall also submit six paper prints of the improvement plan (if not
contained on initial sheet) containing details of the physical site
improvements (roadways, utilities, etc.) proposed for the subdivision
or land development. All sheets shall be 18 inches by 24 inches or
24 inches by 36 inches.
3.
Review.
A.
Upon receipt of the preliminary plan (and improvement plan, if separate),
the Township shall begin to review the plan for compliance with this
chapter. The preliminary plan shall be examined for suitable relationship
to adjoining subdivisions or undeveloped land, feasibility of the
program for improvements, and provide an opportunity for advice, suggestions,
and adjustments to meet ordinance requirements before the plan becomes
rigid. The submission of alternate plans is recommended.
B.
Where applicable, the plan may be forwarded to the Township Engineer,
County Conservation District, or other appropriate agency for review
and comment. After initial review, the preliminary plan, plus any
applicable improvement 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.
C.
Review comments, conditions and findings of the municipalities may
be used as substantiation for plan approval or disapproval. After
completion of the review process, the preliminary plan and improvement
plan shall be approved or disapproved by the Township.
D.
Review and report of plans by the Township for the municipalities
that have adopted their own subdivision and land development ordinance
shall be forwarded to the said municipalities within 30 days from
the date the application was forwarded to the Township.
4.
Approval of Disapproval. After an application for preliminary approval of a plat of a major subdivision or land development has been filed with the Township, together with all improvement plans, maps, necessary data and fees, the Township shall complete the review and either approve or disapprove the plan in accordance with the procedure outlined in § 22-303, Subsection 4.
5.
Recording.
A.
After approval of a preliminary plan for a major subdivision or land
development plat by the Township, recording of the preliminary plan
is not authorized.
B.
Approval of the preliminary plan shall assure the subdivider for
a period of five years from the date of approval that:
(1)
The general layout of streets, lots, and other features are
approved and shall be the basis for the preparation of the final plan.
(2)
The general terms and any special conditions under which the
approval of the plan was granted will not be changed.
(3)
The subdivider may install improvements in accordance with the
approved preliminary plan and other requirements contained in this
chapter and those ordinances of local municipalities where the subdivision
is located.
C.
Approval of a preliminary plan does not constitute approval of the
final plan, and therefore, does not authorize the recording of the
subdivision or land development plan or the sale or transfer of lots.
After a period of five years, approval of the preliminary plan shall
expire.
[Ord. 486, 6/3/2013, § 3.05]
1.
Classification. Any subdivision or land development involving more
than five lots or dwelling units; or any subdivision or land development
on a property after five or more lots or dwelling units have previously
been subdivided from that property; or any subdivision or land development
proposing the opening, widening, extension or improvement of a street
shall be deemed to be a major subdivision or land development. Multi-family,
mobile home park, commercial and industrial development shall be considered
major subdivision or land development, regardless of the number of
lots or units created.
2.
Application.
A.
Within five years after the approval of the preliminary plat, a final
plat with all necessary supplemental data shall be officially submitted
to the Township with a request for approval. Failure to submit a final
plan within five years of the date of an approval of the preliminary
plat shall void the preliminary approval, unless extended in writing
by the Township. Said expired or voided preliminary plan shall not
be used as a basis for any development or construction. Any subsequent
development shall be preceded by a new preliminary plan.
B.
When filing an application for a final approval of the major subdivision
or land development, the subdivider or developer 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.
C.
The subdivider or developer may apply for final approval of: A) only
a portion, section or phase of the entire subdivision or land development
as preliminarily approved; or B) the entire subdivision or land development.
3.
Review.
A.
Upon receipt of the final plan, the Township shall begin to review
the plan for compliance with this chapter. The final plan shall be
examined for conformity to the preliminary plan, for design and detail
of required site improvements and for adherence to other standards
of this chapter. The plan shall also be examined to determine if the
required site improvements have been installed or, in lieu thereof,
a bond or financial security has been submitted. 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.
B.
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.
B.
However, no plat shall be finally approved unless the streets on such plat have been improved as may be required by ordinance, and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, landscaping, water mains, sanitary sewers, storm sewers, stormwater management facilities, and other site improvements as may be required by this chapter and any applicable Township requirements have been installed in accordance with such requirements. In lieu of the completion of any site improvements required as a condition for the final approval of a plat, a financial security shall be deposited by the subdivider/developer with the Township and/or county in an amount to cover the costs of any site improvements which may be required by ordinance. Such financial security shall provide for and secure to the public, the completion of any site improvements which may be required for the subdivision or land development. Financial improvement guarantees shall further be subject to the requirements of § 22-514 of this chapter and §§ 509-511 of Act 247.
5.
Recording.
B.
Recording shall entitle the subdivider to sell, transfer or develop
the land shown on the plat in accordance with the approved plat, subject
to any conditions attached thereto. Where final plans are approved
for only a portion, section or phase of the entire subdivision or
land development, sale, transfer or development may proceed only on
that approved portion, section or phase.
C.
When a final plat has been approved, no subsequent change or amendment
in zoning, subdivision or other governing ordinance shall be applied
to affect adversely the right of the subdivider or land developer
to commence and complete any aspect of the approved development in
accordance with the terms of such approval within five years from
such approval. Where final approval is preceded by preliminary approval,
the aforesaid five-year period shall be counted from the date of the
preliminary approval.
D.
When the subdivider or land developer has failed to substantially
complete development of the approved plan within five years of the
aforesaid approval date and when changes in a zoning, subdivision,
or other governing ordinance have occurred which affect the design
of the approved plat, the subdivision or land development shall be
subject to the changes in the zoning, subdivision, or other governing
ordinance. The Township shall notify, in writing, the subdivider or
land developer that approval has expired and submission and approval
of a revised preliminary and/or final plan (as necessary to detail
changes), illustrating compliance with the revised ordinance, is required
prior to further development or lot transfer.
6.
Geodetic Control Requirements.
A.
The following geodetic control requirements shall be met for all
major final subdivision and land development plans and are recommended
for minor subdivision plans:
(1)
The plat boundary shall be field tied to the nearest Lebanon
County monument, which is based upon the State Plane Coordinate System
NAD83 and NGVD29, in accordance with one of the methods outlined below:
(a)
Self-closing (looped) traverse(s) shall be conducted between
two Lebanon County monuments and the boundary with minimum precision
of no less than one part in 10,000 before adjustment.
(b)
Self-closing (looped) traverse(s) shall be conducted between
one Lebanon County monument, the plat boundary and a line whose azimuth
has been determined by astronomic observation or Global Position System
(GPS) with a minimum precision of no less than one part in 10,000
before adjustment. Astronomic or GPS observation shall be performed
in accordance with third order, Class II requirements set forth in
Standards and Specifications for Geodetic Control Networks, Federal
Geodetic Control Committee, September 1984, or as subsequently amended.
(c)
Geodetic control points that are used shall be shown on the plat by graphically identifying their location, name and number. The final adjusted direct tie (bearing and distance) shall be shown between those geodetic control points and specific control point(s) on the plat boundary. If only one Lebanon County monument was used, as in Subsection 6A(1)(b) above, a bearing diagram shall be shown on the plat relating the bearing structure shown on the plat to grid north.
(2)
A certified copy of the associated electronic data file (disk)
shall be given to the Township, at the time of plan recording, in
order to expedite entering the information into the Township's
records.
(a)
The electronic disk shall contain all cross reference items
listed below:
1)
Boundary (line).
2)
Property (line).
3)
Road center line (line).
4)
Road right-of-way (line).
5)
Curb (line).
6)
Wetlands (line or polygon).
7)
Paving-parking lot and driveways (line).
8)
Sanitary sewer mainlines (line).
9)
Sanitary sewer manholes (point).
10)
Sanitary sewer pump stations (point).
11)
Water lines (line).
12)
Water valves (point).
13)
Fire hydrants (point).
(b)
Disk Requirements.
