City of Lebanon, PA
Lebanon County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 9-2014, 15, passed 11-24-2014]
(a) 
The procedures established in this article are intended to define the steps by which a developer shall design, make an application, record plats and construct improvements and by which the City Engineer will recommend to the Public Works Department who, in turn, will review, make recommendations, approve the plans and otherwise administer these regulations.
(b) 
For those subdivisions hereinafter classified as minor subdivisions, a sketch plan and abbreviated procedure is established. For all others, which are classified as major subdivisions or land developments, a preliminary plan and final plat procedure is established. See the Appendix for sample plans.[1]
[1]
Editor's Note: The Appendix is included as an attachment to this Title.
[Ord. No. 9-2014, 15, passed 11-24-2014]
(a) 
The Public Works Department shall make available to developers copies of these regulations, the City Zoning Code 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.
(b) 
Prior to the formal submission of a subdivision or land development plan for review and approval, the subdivider is urged to submit a sketch plan to the Public Works Department for advice on the requirements necessary to achieve conformity to the standards of these regulations as well as to alert the subdivider as early as possible to factors which shall be considered in the design of a subdivision, such as pertinent elements of any City land use or other community plans. Review of a sketch plan is an informal, advisory process to guide the subdivider in eventual preparation of a formal preliminary or final plan.
[Ord. No. 9-2014, 15, passed 11-24-2014]
(a) 
Classification: 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. 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. Multifamily, commercial, industrial and mobile home park developments shall be a major, not minor, subdivision or land development, regardless of the number of lots or units created.
(b) 
Application. A final plat complying with the requirements set forth in these regulations shall be prepared for each minor subdivision or land development, and approval of such plat shall be requested from the Public Works Department.
(1) 
When filing an application for approval of a minor subdivision or land development, the subdivider shall submit to the Public Works Department eight readable-size blue-line paper prints of the proposal on eighteen-by-twenty-four-inch sheets.
(c) 
Review. Upon receipt of the minor subdivision or land development plan, the Public Works Department shall begin to review the final plan for compliance with these regulations. Where applicable, the plan may be forwarded to the Lebanon County Conservation District for review and comment. After initial review, the final plan shall be forwarded to the County Planning Department and then to the City Planning Commission to provide an opportunity for review and comment. Where conditions merit, the final plan shall be forwarded to the City Shade Tree Commission for determination of compliance with the Tree Preservation Regulation Ordinance for Land Development,[1] with recommendation to the City Planning Commission. After completion of the review process, the final plan shall be approved or disapproved by the Mayor.
[1]
Editor's Note: See Art. 1387.
(d) 
Approval or disapproval. After an application for approval of a plat of a minor subdivision or land development has been filed with the Public Works Department, together with all maps, necessary data and fees, the Public Works Department, the County Planning Department and the City Planning Commission shall complete the review, and Council shall either approve or disapprove the plat as submitted not later than 90 days after such application is filed.
(1) 
When the application is approved, it shall be appropriately signed and dated, and copies shall be distributed according to Subsection (e) hereof. When the application is disapproved, the decision shall be communicated personally or by mail to the applicant in a written statement specifying the defects found in the application, the requirements which have not been met and the provisions of these regulations relied upon. A disapproved copy of the subdivision or land development plan shall be retained by the Public Works Department, and the remaining copies shall be returned to the subdivider and/or his agent.
(2) 
Failure of the City 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.
(e) 
Recording. After approval of a minor subdivision or land development plat by the City Council, the Mylar copy shall be placed on record in the Public Works Department office, and the approved plan shall be filed and recorded in the office of the County Recorder of Deeds. Whenever plat approval is required by this article, the Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the approval of the Mayor.
(1) 
Copies of an approved plat shall be sent to the applicant. Additional copies may be distributed to the Pennsylvania Department of Transportation, County Emergency Management Agency and the County Assessment Office.
(2) 
An electronic copy of the approved plan, in its entirety, shall be provided to the Director of Public Works.
(3) 
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.
[Ord. No. 9-2014, 15, passed 11-24-2014]
(a) 
Classification: Any subdivision or land development involving more than five lots or dwelling units, 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. Multifamily, mobile home park, commercial and industrial developments shall be considered major subdivision or land development, regardless of the number of lots or units created.
(b) 
Application. A preliminary plat complying with the requirements set forth in these regulations shall be prepared for each major subdivision or land development and an approval requested from the Public Works Department.
(1) 
When filing an application for preliminary approval of a major subdivision or land development, the subdivider shall submit to the Public Works Department four blue-line prints of the proposal. As part of the submission, the subdivider shall also submit four paper prints of the improvement plan, if not contained on the initial sheet, containing details of the physical improvements (roadways, utilities, etc.) proposed for the subdivision or land development. All sheets shall be 24 x 36 inches.
(c) 
Review. Upon receipt of the preliminary plan, and improvement plan if separate, the Public Works Department shall begin to review the plan for compliance with these regulations. The preliminary plan shall be examined for suitable relationship to adjoining subdivisions or undeveloped land and feasibility of the program for improvements and provide an opportunity for advice, suggestions and adjustments to meet requirements of these regulations before the plan becomes rigid. The submission of alternate plans is recommended.
(1) 
Where applicable, the plan may be forwarded to the Lebanon 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 Planning Commission for review and comment. Where conditions merit, the preliminary plan shall be forwarded to the City Shade Tree Commission for determination of compliance with the Tree Preservation Regulation Ordinance for Land Development,[1] with recommendation to the Planning Commission. After completion of the review process, the preliminary plan and improvement plan shall be approved or disapproved by the Public Works Department.
[1]
Editor's Note: See Art. 1387.
(d) 
Approval or disapproval. After an application for preliminary approval of a plat of a major subdivision or land development has been filed with the Public Works Department, together with all improvement plans, maps, necessary data and fees, the Public Works Department shall complete the review and either approve or disapprove the plat as submitted not later than 90 days after such application is filed.
(1) 
When the application is approved, it shall be appropriately signed and dated. One copy shall be retained by the Public Works Department and the remaining copies returned to the subdivider and/or his agent. When the application is disapproved, the decision shall be communicated personally or by mail to the applicant in a written statement specifying the defects found in the application, the requirements which have not been met and the provisions of these regulations relied upon. A disapproved copy of the preliminary subdivision or land development plan shall be retained by the Public Works Department, and the remaining copies shall be returned to the subdivider and/or his agent.
(2) 
Failure of the Public Works Department to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an 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.
(e) 
Recording. After approval of a preliminary plan for a major subdivision or land development plat by the Mayor, recording of the preliminary plan is not authorized.
(1) 
Approval of the preliminary plan shall assure the subdivider for a period of five years from the date of approval that:
A. 
The general layout of streets, lots and other features are approved and shall be the basis for the preparation of the final plan; and
B. 
The general terms and any special conditions under which the approval of the plan was granted will not be changed; and
C. 
The subdivider may install improvements in accordance with the approved preliminary plan and other requirements contained in these regulations and those ordinances of local municipalities where the subdivision is located.
(2) 
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. No. 9-2014, 15, passed 11-24-2014]
(a) 
Classification: Any subdivision or land development involving more than five lots or dwelling units, 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. Multifamily, mobile home park, commercial and industrial developments shall be considered major subdivision or land development, regardless of the number of lots or units created.
(b) 
Application. Within five years after the approval of the preliminary plat, a final plat with all necessary supplemental data shall be officially submitted to the Public Works Department 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 Public Works Department. Such 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.
(1) 
When filing an application for a final approval of the major subdivision or land development, the subdivider shall submit to the City Public Works Department eight blue-line paper prints of the proposal on eighteen-by-twenty-four-inch sheets.
(2) 
The subdivider 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.
(c) 
Review. Upon receipt of the final plan, the Public Works Department shall begin to review the plan for compliance with these regulations. The final plan shall be examined for conformity to the preliminary plan, for correctness of mathematical data and computations, for design and detail of required improvements and for adherence to other standards of these regulations. The plan shall also be examined to determine if the required improvements have been installed or, in lieu thereof, a bond or financial security has been submitted.
(d) 
Approval or disapproval. After an application for final approval of a plat of a major subdivision or land development has been filed with the Public Works Department, approval or disapproval shall be granted in accordance with § 1375.03(d).
(1) 
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, streetlights, fire hydrants, shade trees, landscaping, water mains, sanitary sewers, and other improvements as may be required by these regulations and any applicable City requirements have been installed in accordance with such requirements. In lieu of the completion of any improvements required as a condition for the final approval of a plat, a corporate bond or other acceptable financial security shall be deposited by the subdivider/developer with the City in an amount to cover the costs of any improvements which may be required by ordinance. Such bond, or other acceptable security, shall provide for and secure to the public the completion of any improvements which may be required for the subdivision or land development. Financial improvement guarantees shall further be subject to the requirements of § 1379.13 of these regulations and Sections 509 through 511 of Act 247.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509 through 10511.
(e) 
Recording. After approval of a final plat for a major subdivision or land development by Council, the plat shall be recorded and copies distributed in the manner prescribed in § 1375.03(e).
(1) 
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.