[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.)
(1) 
Final plan: $125.
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.