[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.
(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.
