[Ord. 486, 6/3/2013, § 8.01]
This subdivision and land development ordinance shall be considered
to set forth the minimum requirements for the protection of the public
health, safety, comfort, property or general welfare, pursuant to
the authority of the Pennsylvania Municipalities Planning Code, Act
No. 247, 1968 sessions, as amended, or such statutes hereinafter in
effect, and shall be construed most favorably to the Township as encouraging
standards of planning and development exceeding these basic and minimum
regulations.
[Ord. 486, 6/3/2013, § 8.02]
1. The Township is authorized to administer the provisions of the chapter
as herein provided, and to enforce the provisions of this chapter.
2. In addition to other remedies provided herein, the Township may institute
and maintain appropriate actions by law or in equity to restrain,
correct or abate violations, to prevent unlawful construction, to
recover damages and to prevent illegal occupancy of a building, structure
or premises. The description by metes and bounds in the instrument
of transfer or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
3. The Township may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter.
4. This authority to deny such a permit or approval shall apply to any
of the following applicants:
A. The owner of record at the time of such violation.
B. The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C. The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
D. The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
5. As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Township may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
[Ord. 486, 6/3/2013, § 8.03]
1. The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety and welfare of the
residents and inhabitants of West Lebanon Township. The Township may
grant a modification of the requirements of one or more provisions
of this chapter if the Township concludes that the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modifications will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed.
2. All requests for a modification shall be in writing to the Township
and shall accompany and be part of the application for development.
The request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of the chapter involved and the minimum modification necessary.
3. All such modification requests shall be approved or disapproved by
the Township. A written record of the action shall be kept for all
modification requests.
[Ord. 486, 6/3/2013, § 8.04]
A subdivider of developer aggrieved by any action of the Township
regarding refusal to approve a subdivision or land development plan
may, within 30 days of such refusal, appeal to the Common Pleas Court
of Lebanon County. Any other appeals by aggrieved parties or other
landowners shall be subject to the appeal procedures outlined in Article
X of Act 247.
[Ord. 486, 6/3/2013, § 8.05]
1. Fee Procedures.
A. Each subdivision or land development plan application shall be accompanied
by the required review and recording fees, as established herein.
Fees shall be payable at the time of plan submission (unless otherwise
noted herein) and plan processing, approval and recording shall not
be completed until all required fees are paid.
B. There shall be no refund or credit of fees or a portion of any fee
should the subdivider or developer withdraw the plan during the review
process or fail to receive plan approval.
C. The fee schedule set forth in this section may be amended from time
to time by adoption of a resolution by the West Lebanon Township Commissioners
setting forth the new fees.
2. Township Fees. Fees for review, processing and approval of subdivision
and land development plans shall be payable to the West Lebanon Township
at the time of application, in accordance with the following schedule:
A. Minor Subdivision, Not Involving New Lots. (Lot addition, land exchange,
division or double home or existing buildings, etc.)
B. Minor and Major Subdivision or Land Development with New Lots/Units. (See §§
22-303,
22-304, and
22-305 for explanation of minor and major classifications).
|
Number of Lots/Units
|
Preliminary Plan Fee
|
Final Plan Fee
|
---|
|
1
|
$300 (where applicable)
|
$200
|
|
2-5
|
$500
|
$400
|
|
6-10
|
$700
|
$500
|
|
11-20
|
$1,000
|
$750
|
|
21-50
|
$1,500
|
$1,000
|
|
51-100
|
$1,800
|
$1,250
|
|
101-200
|
$2,100
|
$1,500
|
|
201+
|
$2,400 + $5 per lot/unit over 200
|
$1,750 + $5 per lot/unit over 200
|
3. Land Development Plans. (Commercial, Industrial, Institutional, etc. For multi- family, residential, see Subsection
2, above).
|
Acres*
|
Plan Review Fee
|
---|
|
0-2
|
$400
|
|
2.01-5
|
$700
|
|
5.01-10
|
$1,000
|
|
10.01-15
|
$1,500
|
|
15.01-25
|
$2,000
|
|
25.01+
|
$3,000
|
|
* Acreage of tract for newly developed lot or acreage undergoing
review for expansions.
|
4. County Fees. All fees required by the Lebanon County Planning Department
for any and all review of the proposed land development plan.
5. Engineer Review Fees. All applications involving stormwater management
or engineering review shall be accompanied by fees, payable to the
Township Engineer, in accordance with the following:
A. For review of subdivision and land development plans and requests
for inspections:
|
|
1 Lot/Unit
|
2-5 Lots/Units
|
6-19 Lots/Units
|
---|
|
Preliminary Plans
|
$150/lot or unit
|
$100/lot or unit
|
$75/lot or unit
|
|
Final Plans
|
$150/lot or unit
|
$100/lot or unit
|
$60/lot or unit
|
|
Inspections
|
$150/lot or unit
|
$100/lot or unit
|
$75/lot or unit
|
|
|
20-49 Lots/Units
|
50-99 Lots/Units
|
100 or more Lots/Units
|
---|
|
Preliminary Plans
|
$60/lot or unit
|
$50/lot or unit
|
$40/lot or unit
|
|
Final Plans
|
$50/lot or unit
|
$40/lot or unit
|
$30/lot or unit
|
|
Inspections
|
$60/lot or unit
|
$50/lot or unit
|
$40/lot or unit
|
B. For review of commercial, industrial, or institutional land developments,
re-submitted plans, inspections, and other plans which do not qualify
for the per lot or unit rate:
(1)
A base fee is required for review or inspection. The base fee will be established on site acreage as provided below. Plan reviews or inspections requiring more than covered by the base fee shall be subject to an additional fee based upon the hourly rate established in Subsection
5B(2). The base fee is:
|
0-10 acres
|
10.01-20 acres
|
20.01 or more acres
|
---|
|
$500
|
$1,200
|
$2,500
|
|
(up to 5 hours)
|
(up to 12 hours)
|
(up to 25 hours)
|
(2)
An hourly rate of $100 per hour of Township Engineer review
or inspection time.
C. All fees shall be payable at the time of application, except that:
(1)
Inspection fees based upon the per lot, per unit or base fee
rates shall be paid by separate checks with the final plan, prior
to recording the final plan.
(2)
The hourly rate specified in Subsection
5B(2), for review or supplemental review fee shall be payable after review, but before plan approval.
(3)
The hourly rate specified in Subsection
5B(2), for inspection or supplemental inspection fee shall be payable after inspection but before final inspection approval and release of any applicable financial guarantees.
6. Recreation Fee. Recreation fees shall be required to be provided to the West Lebanon Township in accordance with §
22-502, Subsection 1O, at a ratio of $1,000 per lot/unit.
7. Recording Fee. A recording fee shall be provided prior to plan recording.
The base fee, currently $40 for the first eight pages, shall be payable
to the Lebanon County Recorder of Deeds and be subject to change as
that office may deem necessary. If recorded pages exceed eight, there
will be an additional charge of $5 per page.
8. Should the developer decide to submit the plan as a final plan, both
the preliminary and final fees are due at the time of submission.
[Ord. 486, 6/3/2013, § 8.06]
1. Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500 plus all court costs, including reasonable
attorney fees incurred by the Township as a result thereof.
2. District justices shall have initial jurisdiction in proceedings
brought by the Township in accordance with this section. No judgment
shall commence or be imposed, levied or be payable until the date
of the determination of a violation by the district justice. If the
defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable rules of civil
procedure. Each day that a violation continues shall constitute a
separate violation, unless the district justice determining that there
has been a violation, further determines that there was a good faith
basis for the person, partnership or corporation violating the chapter
to have believed that there was no violation, in which event there
shall be deemed to have been only one such violation until the 5th
day following the date of the determination of a violation by the
district justice and thereafter each day that a violation continues
shall constitute a separate violation.
[Ord. 486, 6/3/2013, § 8.07]
Amendments to this chapter may be initiated by the Township
Commissioners. If the amendments are initiated by the Commissioners,
the proposed amendment or amendments shall be submitted to the County
Planning Office for review and comment prior to a public hearing.
Before enactment of a proposed amendment or amendments the Township
Commissioners shall hold a public hearing thereon pursuant to public
notice.
[Ord. 486, 6/3/2013, § 8.08]
1. Should any section, subsection or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of this chapter as a whole or any other
part thereof.
2. Any ordinance or ordinance provision of Township that are inconsistent
with any of the provisions of this chapter is hereby repealed to the
extent of the inconsistency only.