[Ord. No. 11-2014, 15, passed 11-24-2014]
(a)
The design standards established in this article are intended to
be fundamental requirements to be applied with professional skill
in the subdividing and planning of land so as to produce attractive
and harmonious neighborhoods, convenient and safe streets and economical
layouts of residential and other land development. The design standards
are further intended to encourage and promote flexibility and ingenuity
in the layout and design of subdivisions and land developments, in
accordance with modern and evolving principles of site planning and
development.
(b)
It is also the intent of this article to require subdividers and
developers to follow all applicable codes, regulations and standards
adopted by the City of Lebanon relative to improvements to the subdivision
or development site. In all cases, the codes, regulations and standards
of the City shall be followed and the improvements shall be approved
by the Mayor before the final plan is approved. All improvements as
specified in this article or in applicable City ordinances shall be
installed before the final plat is approved or, in lieu thereof, a
guarantee of installation shall be provided by the subdivider or developer
prior to final plat approval. The guarantee shall assure the City
that the required improvements will be installed in accordance with
the subdivision or land development plan.
(c)
The Public Works Department, the City Planning Commission, the Mayor,
and the developer shall give primary consideration to all thoroughfare
plans, water plans, sewer plans, community facility plans and official
maps as may be in effect in the City.
[Ord. No. 11-2014, 15, passed 11-24-2014]
In addition to the standards contained elsewhere in these regulations,
the following general standards shall be observed.
(a)
Existing utilities and improvements shall be utilized wherever possible.
New roads and extended utility services shall be discouraged if existing
services and facilities may be utilized. Scattered urban development
shall be avoided.
(b)
Development designs shall minimize street lengths necessary to serve
developed properties.
(c)
Side lot lines should be substantially at right angles or radial
to street lines, unless the purpose of lot line orientation is to
obtain greater solar access.
(d)
Depth of residential lots should be not less than one nor more than
2 1/2 times the lot width.
(e)
Every lot should abut a street. The Public Works Department may require
that lots be arranged to reserve a right-of-way for street access
to future lots.
(f)
Adequate easements or rights-of-way shall be required for drainage
and utilities. Easements shall be a minimum of 20 feet in width and,
whenever possible, shall be centered on side or rear lot lines. No
structure or buildings shall be erected within such easements.
(h)
Lots shall be suitably shaped to encourage and facilitate use and
maintenance of all portions of the lot. Accordingly, lots shall be
square or generally rectangular in shape. Lot configurations which
result in flag lots and L-shaped, T-shaped, triangular or otherwise
inappropriately shaped lots shall be avoided.
(i)
Site design and development shall include reasonable efforts to save
existing trees.
(j)
The standards of these regulations shall apply to all lots being
subdivided or developed and residual land which is created by the
subdivision or land development activity.
(k)
Subdivision of property with existing dwellings or development shall
be regulated by the following:
(1)
Each dwelling or use shall be serviced by separate utility connections.
Shared sewage systems shall not be permitted.
(2)
Each dwelling or use subdivided shall be on sufficient land
area to satisfy minimum lot area and yard setback requirements. Where
adequate land area is not available to satisfy minimum standards,
subdivision may be permitted when:
(l)
Lot additions, land exchanges, agricultural-use-only lands, and any
other specific or special purpose subdivision or land development
shall include prominent plan notes to avoid misinterpretation of the
intent of the subdivision or land development plan.
(m)
Deeds filed subsequent to subdivision or land development approval
shall accurately and correctly describe the property therein. Deeds
shall be in complete compliance with all plan notes and conditions.
Recording a deed which omits or contradicts the information on an
approved subdivision or land development plan shall be a violation
of these regulations.
[Ord. No. 11-2014, 15, passed 11-24-2014]
Conservation of energy shall be an important principle in the
design of subdivisions and land developments. Plans shall facilitate
the energy-efficient placement of homes and buildings on lots. Whenever
the following criteria are found to be appropriate to a site, development
design shall be in accordance with the standards contained herein.
(a)
Orientation.
(1)
Lots shall be designed for energy-efficient sitting of buildings
with respect to slopes and existing trees.
(2)
Southerly exposures should be utilized for development. North
slopes, especially those over 10% slope, should be avoided because
the long shadows created severely restrict solar access.
(3)
New lots and new residences shall be oriented to make maximum
effective use of passive solar energy. The long axis (depth) of each
lot should run north-south, with a possible east-west variation of
22 1/2°. Lot design should provide for lots of adequate width,
depth and slope for solar orientation. Lot layout shall facilitate
solar access by at least 75% of the proposed dwellings or buildings
within a development.
(4)
The largest yard setback should be stipulated on the south side
of proposed buildings. Buildings should be situated to the north end
of the lot to permit maximum on-lot control of solar skyspace.
(b)
Streets.
(1)
Streets shall be oriented along an east-west axis, with maximum
north-south deviations of 30°. This shall be required to the maximum
extent possible, although size, configuration or orientation of the
property; nature of the surrounding development; circulation patterns;
existing physical features such as topography and vegetation (trees);
and improved design potential may be considered to determine the feasibility
of this requirement for a given site.
(2)
The street system shall be designed to reduce overall lengths
and facilitate traffic flow (minimum number of intersections).
(c)
Vegetation and wind.
(1)
Site design shall emphasize the preservation of all beneficial
natural features of the site, such as existing slope, naturally wooded
areas, and watercourses. The site design should also avoid requiring
removal of large isolated trees and desirable woods and other vegetation,
particularly those existing plant materials which serve as wind barriers
and aid in energy conservation.
(2)
Developments shall be designed to maximize wind buffering and/or
breeze channelization capabilities of vegetation, topography and structure
layouts. Wind breaks and buffers should utilize evergreens to protect
north and northwesterly exposures. Cooling breezes from the southwest
should be channeled past buildings. Deciduous trees shall be located
in areas which will enable them to shade buildings from the summer
sun but still allow penetration of the winter sun.
[Ord. No. 11-2014, 15, passed 11-24-2014]
(a)
Subdivisions shall be planned to take advantage of the topography
of land in order to utilize the natural contours, economize in the
construction of drainage facilities, reduce the amount of grading,
and minimize destruction of trees and topsoil. The natural features
and other distinctive characteristics of the site shall be integrated
into the plan to create functional variations in the neighborhoods.
(b)
Additionally, environmental safeguards may be mandated on slopes
in excess of 15%. On steep slopes (in excess of 15%), site and lot
design shall be adjusted, where necessary, to mitigate the detrimental
effects of development on steeper slopes.
(c)
Topography shall also be utilized in land planning, with the following
guidelines:
(1)
Streets. Land which is relatively flat or of very gentle slopes
should be planned so that the streets follow the natural drainagecourses
and as many lots as possible shall be above the street grade. On more-irregular
topography, streets shall be designed to avoid extensive cuts and
fills and follow the ridges or be planned approximately parallel to
contour lines, and adjusted, however, so that lots on one side of
the street will not be excessively below the street grade.
(2)
Natural drainage. Subdivisions shall be designed, particularly
on land of very gentle slopes, to take every advantage of natural
grades so that all the land can be drained without excessive grading.
Unless watercourses or drainageways are enclosed, the plan shall be
adjusted so that rear lot lines shall be approximately parallel to
the natural or straightened course; and only where such plan is not
possible should side lot lines be arranged parallel to an open drainagecourse.
Easements for drainageways and low-lying land which are subject to
flooding may be included as part of a lot but shall not be used as
building sites or included in calculating the required lot area or
width.
(3)
Natural features. Natural features, irregularities, changes
in level, brooks, lakes, hilltops, and other focal points within the
site, and distant views outside the subdivision, shall be integrated
in the design to obtain variations and interest in each neighborhood
and more-attractive building sites. Trees, topsoil and other natural
resources shall be preserved and utilized in the development of the
subdivision.
[Ord. No. 11-2014, 15, passed 11-24-2014]
(a)
The developer shall grade each subdivision or land development to
establish street grades, floor elevations of buildings, and lot grades
in proper relation to each other and to existing topography. However,
grading shall be kept to a minimum to avoid loss of topsoil and erosion
potential. Lots shall be graded to secure drainage away from buildings.
The grading shall facilitate collection of stormwater in designated
areas and avoid concentration of water in the sewage system location.
(b)
The grading of the roadway shall extend the full width of the cartway
and shoulder. Where possible, grass strips or channels between the
curb and right-of-way line should be graded at 3:1 slope; however,
when unusual topographic conditions exist, good engineering practice
shall prevail.
[Ord. No. 11-2014, 15, passed 11-24-2014]
The minimum lot size and lot width requirements established
by the Municipal Zoning Ordinance shall be utilized as minimum subdivision
standards. All lots shall satisfy the Municipal Zoning Ordinance standard
for lot width and lot size at the time of subdivision. Additionally,
the building setback lines established by the Municipal Zoning Ordinance
shall be applicable and shall be noted on each subdivision or land
development plan.
[Ord. No. 11-2014, 15, passed 11-24-2014]
Sewage disposal facilities shall be designed and constructed
to meet the needs of the proposed subdivision or land development.
Sewage disposal facilities shall also meet all requirements of the
Pennsylvania Department of Environmental Protection and the City of
Lebanon. The following requirements specify the design and installation
standards for subsurface sewage disposal and public and private sewerage
systems:
(a)
Subsurface sewage disposal. All subdivisions and land developments
proposing subsurface sewage disposal shall be designed and submitted
in compliance with the prevailing requirements of the Pennsylvania
Sewage Facilities Act.[1] It is the intent of this section to coordinate a simultaneous
review of subdivision plans and sewage planning modules at the City
level, thereby avoiding the approval of lots that are not suitable
for sewage disposal. In accordance with those standards, application
for subdivision or land development approval shall satisfy the following
procedural requirements:
(1)
Minor subdivision. The subdivider shall submit the sewage planning
module and required associated information to the sewage enforcement
officer at the time of final plat application. The subdivision or
land development plan shall not be processed until documentation is
provided to verify that the sewage enforcement officer has received
the sewage planning module. All newly created lots, whether for immediate
or future use, shall be tested for sewage suitability.
(2)
Major subdivision. The subdivider shall submit a preliminary
plan depicting general lot layout and street design, as required elsewhere
herein. After preliminary approval, the subdivider shall submit the
required sewage planning module and associated information to the
sewage enforcement officer at the time of final plan application.
The subdivision or land development plan shall not be processed until
documentation is provided to verify that the sewage enforcement officer
has received the sewage planning module.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(b)
Existing public sewers. When a subdivision or land development has
public sewers available on site or within 1,000 feet of the site,
such sewer lines shall be shown on the subdivision or land development
plan and installations shall be approved by the City Engineer.
(c)
Planned sewer area. When a proposed subdivision or land development
is located in an area not presently served by public sewers, but which
has received design data preparatory to sewer system installation
within 18 months, then the City shall determine the necessity of installing
house connections and/or capped mains, even though on-site facilities
will be required in the interim. Installation of house connections
and capped mains shall be in accordance with City design data and
approved by the City Engineer prior to approval of a preliminary or
final plan. All property lines within 150 feet from an existing sewer
service line will be required to connect to the public sewer system.
The connection requirement for all existing dwellings will be determined
on a case-by-case basis. In all cases, the property owner will provide,
in writing, just reasoning of why the connection is impracticable.
(d)
Private sewerage system. When a subdivision or land development is
to be provided with a private sewerage system, a statement shall be
submitted to the Public Works Department from the Pennsylvania Department
of Environmental Resources verifying that a permit has been issued
approving the proposed facilities. Additionally, the City shall be
satisfied that adequate provisions have been made to guarantee the
construction and maintenance of the proposed private sewerage system.
[Ord. No. 11-2014, 15, passed 11-24-2014]
(a)
A water supply system shall be designed and constructed by the developer
as required by the City Water Department and City Authority in relation
to the specific site of the proposed subdivision. When possible, it
is recommended that the subdivision be served by a public water supply
or a community system approved by the Pennsylvania Department of Environmental
Resources. The water supply system shall be capable of meeting domestic
water and fire protection needs. In those cases where a public or
community water system is not available or practical, a well shall
be provided for each lot.
(b)
If water is to be provided by means other than by private wells owned
and maintained by the individual owners of lots within the subdivision
or development, applicants shall present evidence to the governing
body or planning agency, as the case may be, that the subdivision
or development is to be supplied by a certified public utility, a
bonafide cooperative association of lot owners, or by a municipal
corporation, authority or utility. A copy of a certificate of public
convenience from the Pennsylvania Public Utility Commission or an
application for such certificate, a cooperative agreement or a commitment
or agreement to service the area in question, whichever is appropriate,
shall be acceptable evidence.
[Ord. No. 11-2014, 15, passed 11-24-2014]
(a)
In addition to relating to topography, natural features and solar
orientation, streets shall be designed according to the function served,
the use of abutting land, and standards of width, intersections, maximum
grades and curvatures. The Public Works Department shall require that
all developments have adequate access. Where major subdivision is
proposed or may occur because of the patterns started by minor subdivision
activity, the Public Works Department should require reservation for,
or installation of, two or more streets to ensure safe and convenient
access. Elimination or vacation of previously approved streets shall
be approved only when the Public Works Department determines that:
(b)
The developer shall design and construct streets, including pavements,
shoulders, gutters, curbs, etc., as required by City ordinance. Where
specific regulations do not exist, the following requirements shall
apply:
(1)
Classification and general design goals.
A.
Major streets: function primarily for the movement of fast traffic
between points of heavy traffic generation. They are often known as
"arterial streets" or "highways." They shall be planned for continuation
of existing streets in the system at the same or greater width in
accordance with adopted City standards. Major streets shall contain
as few intersections as possible.
B.
Collector streets: function to collect traffic from local streets
and distribute it into major streets, and, as such, they will normally
contain a relatively large number of intersections with local streets
and few with main streets. A collector street system may be required
whenever a residential neighborhood near a major street is over 150
acres in area or where the local street pattern is so designed to
converge and serve over 500 one-family dwellings, or 100 multifamily
units. Collector streets shall be planned for continuity and to lead
more or less directly to one or more focal points or centers of traffic
generation and may become bus routes.
C.
Local streets: provide direct access to each lot and function
to allow traffic to circulate toward the principal directions of travel,
bus routes, schools and playgrounds; however, the design shall discourage
through and high-speed traffic. The street pattern shall be indirect
and yet continuous to prevent through traffic, formed of straight,
moderately winding, curved, looped or angular streets. Tee-intersections
shall predominate, and cross-intersections shall be minimized. There
shall be an underlying systematic neighborhood pattern; however, gridiron
and other rigid geometrical patterns should be avoided where possible.
The street pattern shall include extensions to the boundaries of the
development to provide circulation between adjoining neighborhoods.
D.
Cul-de-sac streets: provide direct access to properties from
other streets. Ordinarily, a cul-de-sac is a short street with only
one outlet and having an appropriate terminal for safe and convenient
reversal traffic movement.
(2)
Minimum street standards. (See attached Exhibit A.)
(3)
Supplementary street standards. In addition to the specific
standards cited in Subsection (b)(2) hereof, the following street
standards shall apply to design and construction of streets:
A.
Intersections.
1.
Streets shall be designed to intersect as nearly as possible
at right angles (90°). No street shall intersect another at less
than 75°. An oblique street should be curbed approaching an intersection
and should be approximately at right angles for at least 100 feet
therefrom.
2.
No more than two streets shall intersect at any one point.
3.
Proposed new intersections along one side of an existing street
shall coincide with any existing intersections on the opposite side
of the street. Where intersections cannot practically be connected,
a minimum of 150 feet shall separate the center lines of offset local
streets, and 400 feet minimum shall be provided for collector and
major streets.
4.
Street curb intersections shall be rounded with a minimum radius
of 20 feet for local streets and 30 feet for collector or major streets.
The radius point shall be concentric with that for the property line.
5.
Intersections shall be designed with a flat grade. In hilly
or rolling topography, a leveling area shall be provided at the approach
to an intersection. The leveling area shall have a maximum grade of
2% for 60 feet preceding the intersection, measured from the nearest
right-of-way line of the intersecting street.
6.
Clear sight triangles of 75 feet, measured along the center
line from the point of intersection, shall be provided and maintained
at all intersections.
B.
Street names. Shall not duplicate others nearby and shall be
subject to the approval of the City. Streets signs shall be erected
to identify all streets.
C.
Street expansion. Where a subdivision adjoins unsubdivided land,
sufficient streets shall be planned to extend to the boundary lines
so that all parcels may be subdivided and a coordinated street system
obtained.
D.
Streets for multifamily development. Shall be planned to connect
with major or collector streets to avoid generating large volumes
of traffic on local residential streets.
E.
Reserve strips. The creation of reserve strips shall not be
permitted adjacent to a proposed street in such a manner as to deny
access from adjacent property to such street.
F.
Right-of-way widths. Land for the right-of-way for the opening
or extension of any street within a subdivision shall be dedicated
by the developer. Where a property abuts a street which does not conform
to the right-of-way width required by these regulations or other City
ordinances, the additional width necessary to meet current standards
shall be dedicated when such land is subdivided.
G.
Auxiliary street improvements. In addition to the required pavement,
streets shall be designed and constructed with curbs, streetlights,
gutters, culverts, catch basins, sidewalks and other improvements
required by City ordinance or deemed necessary for a proposed subdivision.
(4)
Private streets. Private streets are to be discouraged and will
be approved only if they are designed and constructed to meet public
street standards, including utility locations.
(5)
Street construction standards. Streets and rights-of-way shall be improved to meet City standards. The requirements contained herein are provided as design standards and shall only be used as improvement specifications where no municipal standards exist. It shall be the developer's responsibility to satisfy all applicable construction requirements and design standards or, in lieu thereof, deposit a security in compliance with § 1379.14 and established City policies. All public and private streets shall meet the following standards:
A.
Adequate surface and subsurface drainage shall be provided.
B.
All topsoil shall be removed from the area to be paved.
C.
Streets shall be graded to the full width of the right-of-way,
surfaced and improved to the grades and dimensions shown on plans,
profiles and cross sections submitted by the subdivider and approved
by the City Engineer. All street improvements shall be completed in
strict accordance with the specifications and standards of the Public
Works Department. Prior to placing the street surface, adequate subsurface
drainage and all utilities under such streets shall be provided and
installed by the subdivider.
D.
There shall be installed a base to consist of eight inches of
rolled 2RC stone under the paved surface of the cartway.
E.
The base course shall conform to Sections 300 (Base Courses)
and 400 (Flexible Pavements) of the Commonwealth of Pennsylvania Department
of Transportation Manual Form 408. The bituminous base course shall
consist of five inches of BCBC and shall conform to the Form 408 specifications.
F.
The surface course shall conform to Section 400 (Flexible Pavements)
of the Commonwealth of Pennsylvania Department of Transportation Manual
Form 408. The surface or wearing course shall consist of 1 1/2
inches of ID-2 and shall conform to the Form 408 specifications.
G.
Curbs and sidewalks are required on both sides of all streets
and shall be installed by the subdivider in accordance with the standards
and specifications of the Public Works Department.
H.
Driveway entrances or aprons within the street right-of-way
shall be installed in accordance with the standards and specifications
for driveways of the Public Works Department.
I.
Storm sewers, culverts and related installations shall be provided:
to permit the unimpeded flow of natural watercourses; to ensure the
drainage of all low points along the line of streets; and to intercept
stormwater runoff along streets at intervals reasonably related to
the extent and grade of the area drained, as outlined in Article 1382.
J.
The subdivider shall provide the subdivision with a complete
sanitary sewer system to be connected to the City sanitary sewer system
as specified by the Sewer Department. All plans for the sanitary sewer
system shall be prepared by the subdivider in accordance with standards
and specifications of the Sewer Department and approved by the Sewer
Department and the Pennsylvania Department of Environmental Resources.
K.
A water distribution system shall be installed to furnish an
adequate supply of water to each lot, with adequate main sizes and
fire hydrant locations to meet the specifications of the Middle Department
Inspection Agency and City standards.
(6)
City approval. To ensure that street design and construction
comply with specifications of the City, they shall be approved by
the City Engineer.
[Ord. No. 11-2014, 15, passed 11-24-2014]
(a)
Sufficient monuments shall be set to ensure that reliable survey
points are available for all parts of the subdivision. At least one
monument shall be placed for every two lots or every 200 feet of streets,
whichever requirement is less. The monument shall consist of a cast-iron
box, inside of which shall be placed a three-fourths-inch steel pin
three feet in length. The top of the pin shall be set to serve as
the survey point. All lot corners and changes in direction shall be
identified by steel pins.
(b)
The top of the monument box shall be set at the finished grade upon
completion of the grading of the street.
[Ord. No. 11-2014, 15, passed 11-24-2014]
(a)
All subdivisions shall be designed and serviced with adequate utilities,
water and/or sewer, including electricity, telephone and gas service.
The developer shall be responsible to cooperate with the utility companies
to ensure installation of the necessary utilities. All utilities shall
be underground, except where developments of five lots or less are
exempted by the Pennsylvania Public Utility Commission. Where required,
the developer shall obtain a letter from the utility company confirming
that service may be extended to the development.
(b)
The developer shall provide a streetlighting duct system, when required
by the City or the utility company, under streets, sidewalks and curbs
in compliance with the specifications of the appropriate public utility.
In accordance with a Pennsylvania Public Utility Commission order
of July 8, 1970, all electric utility distribution shall be installed
underground in subdivisions or land developments of five or more dwelling
units. Where electric service is supplied by underground methods,
the subdivider shall provide, at his expense, streetlighting installations
at each intersection and provide streetlighting installations between
intersections at approved intervals. The Director of Public Works
shall have the right to select public-utility-approved wood or metal
poles where appropriate; however, the type selected shall be the only
type installed in the entire development.
(c)
In areas where public water lines are available, fire hydrants shall
be installed by the developer. Fire hydrants shall be located no more
than 1,000 feet apart and within 500 feet of any dwelling or inhabited
structure. The nearest fire protection unit may be contacted for input
regarding the design and placement of a fire hydrant network.
[Ord. No. 11-2014, 15, passed 11-24-2014]
(a)
The land improvements required by the developer of a subdivision,
as set forth in this article, shall be designed and installed in accordance
with these regulations and other codes and ordinances of the City.
The improvements shall be of such size and capacities as are required
for the development of the proposed subdivision and of extra sizes
as may be necessary to serve nearby land which is an integral part
of the neighborhood service or drainage areas.
(b)
The developer shall be required to extend the improvements to serve
adjoining unsubdivided land. If streets or utilities are not available
at the boundary of a proposed subdivision, the Department may require
the developer to construct off-site extensions of the improvements.
Procedures for providing any necessary extra-size and off-site improvements
and general standards for pro-rating costs shall be coordinated with
the City and shall be in accordance with the following:
(1)
Extra-size improvements. The developer shall be required to
pay for a part of the materials or construction of streets, sewers
or water lines which are determined by the Public Works Department
according to the standards set forth in this article to be in excess
of the size required for the development of the subdivision and the
integral neighborhood, service or drainage area.
A.
If a storm sewer in excess of 24 inches or a sanitary sewer
in excess of eight inches or a water main in excess of eight inches
is required, but each less in size than the sewer trunklines or water
mains which are to be constructed and financed on a regional basis,
the City shall construct the extra-size utility and require a deposit
in advance from the developer for the cost of the utility he is required
to install and his portion of other costs which the City may assess
against the benefited property owners of the service or drainage area.
(2)
Extensions to boundaries. The developer shall be required to
extend the improvements to the boundary of the proposed subdivision
to serve adjoining unsubdivided land; however, where the Public Works
Department determines that a connecting street is necessary for the
future subdividing of adjoining land, but the present construction
of pavement and/or utilities therein is not warranted, the Department
may require the dedication of land, the pavement intersections constructed,
utilities extended at least three feet beyond the pavement, and connections
provided and made available for future extensions by other developers.
(3)
Off-site extensions. If streets or utilities are not available
at the boundary of a proposed subdivision, the Public Works Department
may require, as a condition of approval of a preliminary or final
plan, assurances that such improvement extensions shall be provided
as follows:
A.
If the Public Works Department finds the extensions across undeveloped
areas would not be warranted as a special assessment to the intervening
properties or a municipal expense until some future time, the developer
may be required, if he wishes to proceed with the development, to
obtain necessary easements or rights-of-way and construct and pay
for extensions. Such improvements shall be available for connections
by developers of adjoining land; or
B.
The City may construct and pay for the extensions and assess
the costs to the owners benefited and require a deposit from the developer
as described in Subsection (b)(1) hereof. The City may establish a
rotary fund to pay for such development costs and not collect the
assessments on the intervening land until it is developed.
(4)
Prorating costs. In making determinations for prorating costs
for the construction of off-site extensions or extra-size improvements,
the Public Works Department shall consider, in addition to the standards
set forth in this article and other regulations of the City, the following
conditions:
A.
The relative location and size of the proposed subdivision;
B.
The traffic estimated to be generated by the development in
relation to present streets;
C.
The natural drainage area for sewers and the service area for
water;
D.
The development benefits that will accrue to the subdivision;
E.
The sequence of land and utility developments in the vicinity;
and
F.
Any other condition it may find pertinent.
[Ord. No. 11-2014, 15, passed 11-24-2014]
(a)
Performance guarantee in lieu of installation. No plat shall be finally
approved unless the streets shown on such plat have been improved
to a mud-free or otherwise permanently passable condition, or improved
as may be required by these regulations, and any walkways, curbs,
gutters, streetlights, fire hydrants, shade trees, water mains, sanitary
sewers, storm drains, stormwater management, in accordance with Article
1382, facilities and other improvements as may be required by these
regulations have been installed in accordance with such regulations.
In lieu of the completion of any improvement required as a condition
for the final approval of a plat, the subdivider shall deposit with
the City a financial security in an amount sufficient to cover the
costs of any improvements or common amenities, including, but not
limited to, roads, stormwater detention and/or retention basins and
other related drainage facilities in accordance with Article 1382,
open space improvements or buffer of screen plantings which may be
required.
(b)
Type guarantee. Without limitation as to other types of financial
security which the City may approve, which approval shall not be unreasonably
withheld, federal- or commonwealth-chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purpose of this section. Such financial security shall be posted with
a bonding company or federal- or commonwealth-chartered lending institution
chosen by the party posting the financial security, provided such
bonding company or lending institution is authorized to conduct such
business within the commonwealth. Such bond or other security shall
provide for, and secure to the public, the completion of any improvements
which may be required within one year of the date fixed in the subdivision
plat for completion of such improvements.
(c)
Amount of guarantee. The amount of financial security shall be equal
to 110% of the cost of the required improvements for which financial
security is to be posted. The cost of the improvements shall be established
by submission to the City of a bona fide bid or bids from the contractor
or contractors chosen by the party posting the financial security
to complete the improvements, or, in the absence of such bona fide
bids, the cost shall be established by estimate prepared by the City
Engineer. If the party posting the financial security requires more
than one year from the date of posting of the financial security to
complete the required improvements, the amount of financial security
may be increased by an additional 10% for each year period beyond
the first anniversary date from posting of financial security or to
an amount not exceeding 110% of the cost of completing the required
improvements as reestablished on or about the expiration of the preceding
one-year period by using the above bidding procedure. A developer
who fails to complete the improvements within the allotted time specified
in the financial guarantee shall, at least 30 days in advance of the
guarantee expiration date, renew or resubmit a financial guarantee.
All bonding will be done so by establishing the funding mechanism
to automatically renew each anniversary date of the original issuance,
with the addition of a ten-percent contingency increase based off
of the original base cost in order to cover industry inflation increases.
Any developer wishing to have the bonding released must do so with
a written request for a formal inspection not less than 60 days prior
to the scheduled automatic renewal date. In all cases, the City of
Lebanon exclusively retains the ability to cancel any project bonding
that it is holding.
(d)
Phasing of plans. In the case where development is projected over
a period of years, the Public Works Department may authorize submission
of final plats by sections or stages of development, subject to such
requirements or guarantees as to improvements in future sections or
stages of development as it finds essential for the protection of
any finally approved section of the development.
(e)
Release from guarantee. As the work of installing the required improvements
proceeds, the party posting the financial security may request the
release, from time to time, of such portions of the financial security
necessary for payment to the contractor or contractors performing
the work. Any such requests shall be made in writing to the City.
Within 45 days of receipt of such request, the City Engineer shall
certify, in writing, whether or not such portion of the work upon
the improvements has been completed in accordance with the approved
plat. When the improvements are certified to be in accordance with
the approved plat, the City shall authorize release by the bonding
company or lending institution of an amount as estimated by the City
Engineer fairly representing the value of the improvements completed.
If the City fails to act within such forty-five-day period, the release
of funds shall be deemed to have been approved as requested. The City
may, prior to final release at the time of completion and certification
by its Engineer, require retention of 10% of the estimated cost of
the aforesaid improvement.
(f)
Maintenance guarantee. Where the City accepts dedication of all or
some of the required improvements following completion, the City may
require the posting of financial security to secure structural integrity
of such improvements as well as the functioning of such improvements
in accordance with the design and specifications depicted on the final
plat for a term not to exceed 18 months from the date of acceptance
of dedication. Such financial security shall be of the same type as
otherwise required in this section with regard to installation of
such improvements. The amount of financial security shall not exceed
15% of the actual cost of installation of such improvements.
(g)
Remedies to effect completion of improvements. In the event that any required improvements have not been installed as provided in these regulations or in accordance with the approved final plat, the City is hereby granted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by such security, the City may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security and not for any other purpose. Failure to properly install the required improvements shall also constitute a violation of these regulations, punishable as provided by § 1385.99.
[Ord. No. 11-2014, 15, passed 11-24-2014]
The developer agrees to indemnify and save harmless the City
against and from any and all loss, cost, damage, liability and expense
on account of damage to property of, or injury to, or death of the
parties thereto or a third person, caused by, growing out of, or in
any way whatsoever attributable to the construction of such improvements
and the use of the street delineated on the subdivision plat during
construction. The developer further agrees, but without limiting its
liability to indemnify the City, to carry liability insurance contracts
with a reliable insurance company covering the period of such construction
in the minimum sum of $500,000 for injury to or death of person and
in the minimum sum of $500,000 for damage to or destruction of property,
which insurance contracts shall include the City of Lebanon as an
additional insured.
[Ord. No. 11-2014, 15, passed 11-24-2014]
A building permit may be issued and building construction started
after the approval of the final plat. Occupancy shall not be permitted
prior to the completion of streets, stormwater management facilities
and other improvements necessary for the reasonable use of the building,
unless written authorization is granted by the Public Works Department
where improvements have been guaranteed by valid bond or other security.
1.
Subdivision Plans.
|
Exhibit A
| ||||
|---|---|---|---|---|
|
Number of Lots/Units*
|
Preliminary Plan Fee
|
Final Plan Fee
|
Preliminary/Final Plan Fee**
|
Inspections***
|
|
1
|
$200
|
$100
|
$300
|
$200
|
|
2 to 5
|
$200 + $100 per lot/unit
|
$100 + $50 per lot/unit
|
$300 + $150 per lot/unit
|
$150 per per lot/unit
|
|
6 to 19
|
$300 + $80 per lot/unit
|
$150 + $40 per lot/unit
|
$450 + $120 per lot/unit
|
$100 per lot/unit
|
|
20 to 49
|
$500 + $70 per lot/unit
|
$250 + $35 per lot/unit
|
$750 + $105 per lot/unit
|
$75 per lot/unit
|
|
50 to 99
|
$1,000 + $60 per lot/unit
|
$500 + $30 per lot/unit
|
$1,500 + $90 per lot/unit
|
$60 per lot/unit
|
|
100 and over
|
$2,000 + $50 per lot/unit
|
$1,000 + $25 per lot/unit
|
$3,000 + $75 per lot/unit
|
$50 per lot/unit
|
|
NOTES:
| |
|
*
|
For apartments, retirement communities, manufactured
home parks, or other rental communities, each individual apartment,
or manufactured home or residential dwelling shall be considered a
separate unit.
|
|
**
|
For projects submitted as a combined preliminary/final
plan, fees shall be paid in cumulative (i.e., both the preliminary
fee and final fee shall be paid to the City upon submission).
|
|
***
|
Payment of inspection fees shall made at the time of
final plan approval prior to the release of plans for recording.
|
|
a.
|
Plan reviews or inspections requiring additional time
exceeding the base fee allotment shall be billed at an hourly rate
of $115.50 per hour for the City Engineer.
|
|
b.
|
Inspections requiring additional time exceeding the
base fee allotment shall be billed at an hourly rate of $67 per hour
for a construction inspector (other than the City Engineer).
|
|
c.
|
Plan reviews or inspections requiring additional time
exceeding the base fee allotment shall be billed at an hourly rate
of the professional consultant as approved by the Mayor.
|
|
d.
|
Plan reviews or inspections requiring additional time
exceeding the base fee allotment shall be billed at an hourly rate
of City staff time as approved by the Mayor.
|
2.
Land Development Plans.
a.
A base fee is required for review and/or inspection. Plans or inspections
requiring more time than covered by the base fee shall be subject
to an additional hourly rate established in Subsection 2b. The base
fee depends on the development acreage as listed below:
|
Acres*
|
Engineering Base Fee
| |
|---|---|---|
|
0 to 2
|
$500 + $250/acre
| |
|
2.01 to 20
|
$1,000 + $200/acre
| |
|
20.01 and over
|
$5,000 + $100/acre
|
|
NOTES:
| ||
|---|---|---|
|
*
|
Area of tract for newly developed lot or disturbed acreage of
existing tract undergoing expansion.
| |
b.
Plan reviews or inspections requiring additional time exceeding the
base fee allotment shall be billed at an hourly rate of $115.50 per
hour for the City Engineer.
c.
Inspections requiring additional time exceeding the base fee allotment
shall be billed at an hourly rate of $67 per hour for a construction
inspector (other than the City Engineer).
d.
Plan reviews or inspections requiring additional time exceeding the
base fee allotment shall be billed at an hourly rate of the professional
consultant as approved by the Mayor.
e.
Plan reviews or inspections requiring additional time exceeding the
base fee allotment shall be billed at an hourly rate of City staff
time as approved by Council.
3.
Existing Lot/Land Disturbance.
a.
A base fee is required for review and/or inspection. Plans or inspections
requiring more time than covered by the base fee shall be subject
to an additional hourly rate established in Subsection 3b. The base
fee depends on the development acreage as listed below:
|
Exisiting Lots
|
Engineering Base Fee
|
Inspection Fee
| |
|---|---|---|---|
|
1
|
$300
|
$200
|
b.
Plan reviews or inspections requiring additional time exceeding the
base fee allotments shall be billed at an hourly rate of $115.50 per
hour for the City Engineer.
c.
Inspections requiring additional time exceeding the base fee allotment
shall be billed at an hourly rate of $67 per hour for a construction
inspector (other than the City Engineer).
d.
Plan reviews or inspections requiring additional time exceeding the
base fee allotment shall be billed at an hourly rate of the professional
consultant as approved by the Mayor.
e.
Plan reviews or inspections requiring additional time exceeding the
base fee allotment shall be billed at an hourly rate of City staff
time as approved by the Mayor.
