[Ord. No. 12-2014, 15, passed 11-24-2014]
These subdivision and land development regulations shall be considered 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 247, as amended,[1] or such statutes hereinafter in effect, and shall be construed most favorably to the City as encouraging standards of planning and development exceeding these basic and minimum regulations.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 12-2014, 15, passed 11-24-2014]
The Public Works Department is authorized to administer the provisions of these regulations as herein provided and to enforce the provisions of these regulations on behalf of Council. With the approval of the Mayor, the Public Works Department may, in addition to other remedies provided herein, institute in the name of the City any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land, or to prevent, in or about such premises, any act, conduct or use constituting a violation of these regulations.
[Ord. No. 12-2014, 15, passed 11-24-2014]
Where the Public Works Department finds that the land involved in a subdivision is of such size or shape, or is subject to such title limitations, or is affected by such topographical conditions, or is to be devoted to such usage, that it is impossible or impracticable in the particular proposal for the developer to conform fully to a provision of these regulations, the Mayor may accept such modifications as may be reasonable if within the general intent and purpose of these regulations:
(a) 
The Mayor may grant a modification of the requirements of one or more provisions if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of these regulations is observed.
(b) 
All requests for modification shall be in writing and shall accompany and be a 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 these regulations involved and the minimum modification necessary.
(c) 
The request for modification may be referred to the City Planning Commission for advisory comments.
(d) 
The Mayor shall keep a written record of all action on all requests for modification.
(e) 
Where zoning standards are not met, relief may be granted only through Zoning Hearing Board action, prior to subdivision approval.
[Ord. No. 12-2014, 15, passed 11-24-2014]
A subdivider or developer aggrieved by any action of the Public Works Department or the Mayor in regard to refusal to approve a subdivision or land development may, within 30 days after such refusal, appeal to the Common Pleas Court of Lebanon County.
[Ord. No. 12-2014, 15, passed 11-24-2014]
(a) 
City fees. Each subdivision or land development plan application shall require the following fees, payable to the City of Lebanon at the time of application:
(1) 
Minor subdivision not involving new lots (lot add-ons, annexations, land exchanges, etc.): $350.
(2) 
Sketch plan (optional for minor subdivisions), suggested for all major subdivisions and for land development plans over five acres: $350.
(3) 
All subdivisions and residential land developments (apartment complex, rental townhouses, etc.):
Number of Lots/Units
Preliminary Plan Fee
Final Plan Fee
Preliminary/ Final Fee
1
$275
$200
$500
2 to 5
$375
$275
$675
6 to 10
$450
$375
$850
11 to 20
$575
$425
$1,025
21 to 50
$725
$525
$1,275
51 to 100
$925
$575
$1,525
101 to 200
$1,275
$675
$1,975
201 + over
$2,075 + $15 per lot/unit over 201
$875 + $5 per lot/unit over 201
$2,075 + $20 per lot/unit over 201
NOTES:
*
For any Subdivision plan that is a combined preliminary/final, the total of the preliminary/final column shall be applicable.
(4) 
Land development plans (commercial, industrial, institutional, etc.).
Acres**
Plan Review Fee
0 to 2
$375
2.01 to 5.00
$730
5.01 to 10.00
$1,075
10.01 to 15.00
$1,225
15.01 to 25.00
$1,975
25.01+
$2,975
NOTES:
**
Acreage of tract for newly developed lot or acreage undergoing review of expansions.
(5) 
Stormwater-related plans: See attached Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(b) 
Engineer review fees. All applications for subdivision and land development plans are subject to review by the City Engineer, and the applicant shall pay the City of Lebanon for these reviews at the time of filing of the application, setting a working escrow in accordance with the following schedule:
(1) 
For review of subdivision and land development plans and inspections of improvements:
Type
1 to 5 Lots/Units
6 to 19 Lots/Units
20 or More Lots/Units
Preliminary plans
$100 per lot
$180 per lot
$200 per lot
Final plans
$50 per lot
$90 per lot
$100 per lot
Inspection (no roads)
$140 per lot
$140 per lot
$140 per lot
Inspection, new roads
4% of the estimated construction cost calculated for financial security
NOTES:
*
For apartments, retirement communities, mobile home parks or other rental communities, each apartment, unit, or mobile home shall be considered as one lot.
**
Payment of inspection fees shall be made at the time of final plan approval prior to release of the final plan for recording.
(2) 
For review of commercial, industrial, manufacturing, or institutional land development, resubmitted plans, or other plans which do not qualify for the per-lot rate:
A. 
A base fee of $500 for each plan filing, plus an additional fee per the following schedule:
Type
1 to 5 Lots/Units
6 to 19 Lots/Units
20 or More Lots/Units
Preliminary plans
$250/acre
$350/acre
$400/acre
Final plan
$160/acre
$150/acre
$100/acre
B. 
Reviews of special reports and studies, such as traffic impact studies, floodplain delineations, environmental impact assessments, etc., shall be charged in addition to the base filing fee at an hourly rate of $125 per hour for the City Engineer efforts.
C. 
Inspections for land development plans shall be at the rate of 4% of the estimated construction cost of on-site improvements calculated for financial security. New City streets and off-site improvements shall be at the rate of 4% of estimated construction cost as calculated for financial security. For very large projects with estimated construction cost exceeding $300,000, the City and applicant may negotiate the inspection costs in the course of execution of the land improvements agreement which will be prepared by the City Solicitor.
(3) 
All fees are payable at the time of application, except that:
A. 
Inspection fees shall be paid at the time of final plan approval, prior to recording the final plan.
B. 
The hourly rate specified in Subsection (b)(2)B for review of supplement review fees shall be payable after review but before recording of the final plan.
C. 
Any direct costs exceeding the held escrow will be billed at a dollar-to-dollar rate for reimbursement prior to final approval.
NOTES:
1.
County fees are not included in the above schedule. The applicant shall pay county fees directly to the County Planning Department.
2.
All fees for each plan are due at the time the plan is filed. If the correct fee is not paid, the filing is not complete and all plans will be returned by the City to the applicant.
3.
Should the cost of reviewing the subdivision and/or land development plan exceed the amount of the plan review fee which the applicant has paid to the City, the applicant shall pay to the City the amount in excess of the fees which have been expended, in addition to the original review fee, in reviewing the subdivision and/or land development plan, plus any additional fees as noted below, within 30 days of notification.
4.
Should the balance in the applicant's account drop below 1/2 of the original review fee and if the review process is ongoing, the City shall require that a minimum of 1/2 of the original review fee, including the nonrefundable portion, be maintained in the account.
5.
If a major revision to a plan is submitted, the applicant shall submit, with the revised plan, a fee equal to 1/2 of the original plan review fee for that particular plan stage, including the nonrefundable portion.
6.
Maintenance agreements should be prepared by the applicant's attorney and then sent to the City for review prior to final plan approval.
7.
Financial security must be made to the City prior to the final plan approval.
(c) 
Recording fees. A recording fee shall accompany all final plan applications. The fee currently is $40 per plan (up to eight sheets; additional sheets are $5) and shall be payable to the Lebanon County Recorder of Deeds, subject to change as that office may deem necessary.
(d) 
Amendments. The fee schedule as set forth in this section may be amended from time to time by the adoption of an ordinance by Council setting forth the new fees.
[Ord. No. 12-2014, 15, passed 11-24-2014]
Amendments to these regulations may be initiated by Council. Before enactment of a proposed amendment or amendments, Council shall hold a public hearing thereon pursuant to public notice.
[Ord. No. 12-2014, 15, passed 11-24-2014]
Should any section, subsection or provision of these regulations be declared by a court to be invalid, such decision shall not affect the validity of these regulations as a whole or any part thereof.
[Ord. No. 12-2014, 15, passed 11-24-2014]
Any ordinance or part of an ordinance conflicting with the provisions of these regulations be and the same is hereby repealed so far as the same affects these regulations.
[Ord. No. 12-2014, 15, passed 11-24-2014]
These Subdivision and Land Development Regulations shall become effective on November 25, 2014.
[Ord. No. 12-2014, 15, passed 11-24-2014]
(a) 
Any person, partnership or corporation who or which has violated the provisions of any subdivision or land development ordinance enacted under this act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the City, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the City as a result thereof.
(b) 
No judgment shall commence or be imposed, levied, or payable until a final determination of violation is made. In case the defendant neither pays nor timely appeals the judgment, the City may enforce the judgment pursuant to 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 ordinance to have believed that there was no such violation, until the fifth day following the date of the determination of such a violation by the District Justice. Thereafter, each day that a violation continues shall constitute a separate violation.
(c) 
The Court of Common Pleas, upon petition, may grant an order to stay, upon cause shown, tolling the per-diem judgment pending a final adjudication of the violation and judgment.
(d) 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the City the right to commence any action for enforcement pursuant to this section.