[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.
| |
(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.
