[Ord. 2013-39, 1/10/2013]
1.
The procedures established in this chapter are intended to define
the steps by which a developer shall design, make an application,
record plats, and construct improvements, and by which the Planning
Commission and Board of Supervisors may review, make recommendations,
approve plans and otherwise administer these regulations and this
chapter.
2.
For those subdivisions hereinafter classified as minor subdivisions,
a sketch plan and abbreviated final plan procedure is established.
For all others, which are classified as major subdivisions or land
development, a preliminary plan and final plat procedure is established.
[Ord. 2013-39, 1/10/2013]
1.
The Township shall make available to developers copies of this subdivision
and land development ordinance, the zoning ordinance, street maps,
and other information which may affect the development of the property
under consideration, at the cost of reproduction thereof. 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.
2.
Prior to the formal submission of a subdivision or land development
plan for review and approval, the subdivider or land developer is
urged to submit a sketch plan to the Planning Commission for advice
on the requirements necessary to achieve conformity to the standards
of these regulations as well as to alert the subdivider or land developer
as early as possible to factors which must be considered in the design
of a subdivision or land development, such as pertinent elements of
any municipal land use, thoroughfare or other community plans.
3.
Review of a sketch plan is an informal, advisory process to guide
the subdivider or land developer in eventual preparation of a formal
preliminary or final plan.
4.
Sketch plans and subsequent official minor and major subdivision
and land development plans should be accompanied by any letters of
transmittal or development details necessary to explain existing or
proposed site conditions which are not self-explanatory on the actual
sketch, minor or major subdivision or land development plan.
[Ord. 2013-39, 1/10/2013]
1.
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 (except that subdivision of lots from a property after five
or more lots have been previously subdivided is a major subdivision).
A.
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 development
shall be a major, not a minor, subdivision or land development, regardless
of the number of lots or units created.
2.
Application. A final plan complying with the requirements set forth
in this chapter shall be prepared for each minor subdivision or land
development and approval of said plat shall be requested from the
Planning Commission and Board of Supervisors.
[Amended by Ord. 2015-04, 8/13/2015]
A.
When filing an application for approval of a minor subdivision or
land development, the subdivider shall make an initial submittal of
four copies of the plan to the Planning Commission, along with appropriate
filing fees, for review. The plan shall be blue-line or black-line
prints of the proposal on 18" x 24" or 24" x 36" sheets.
(1)
Additional plans shall also be submitted in accordance with
any and all Lebanon County submission requirements in effect at the
time of submission.
B.
Once
any and all comments have been appropriately addressed and the plan
is ready for approval, the subdivider shall submit three blue-line
or black-line prints of the proposal on 18" x 24" or 24" x 36" sheets
and one original Mylar copy of the plans for approval.
(1)
Additional plans shall also be submitted in accordance with any and
all Lebanon County submission requirements in effect at the time of
submission (currently nine 18" x 24" paper copies) for recording purposes.
C.
A minor subdivision, as defined herein, requires preparation of a
final subdivision plan showing only that portion of the tract being
subdivided. Any further subdivisions from the parent tract requires
the preparation of a final subdivision and land development plan showing
the disposition of the remaining parcel.
3.
Review. Upon receipt of the minor subdivision or land development
plan, application, and fees, the Planning Commission shall begin to
review the final plan for compliance with this chapter. Where applicable,
the plan may be forwarded to the Township Engineer or other agencies
for review and comment. The plan will be forwarded by either the subdivider
or the Township to the Lebanon County Planning Department for review.
Should the Township be requested to make the Lebanon County Planning
Department submittal, two additional copies of the plans shall be
submitted for such purpose. The subdivider shall also submit the required
number of copies of the plans to the Lebanon County Conservation District,
along with a completed application and appropriate review fees, for
NPDES and E&S review and approval. The Lebanon County Planning
Department shall convey any comments within 30 days of the date the
plan was forwarded. Failure of the Planning Department to provide
comments within the prescribed time period shall be deemed as acceptance
of the plan as presented without comment. Review comments, conditions
and findings of the Lebanon County Planning Department may be used
as substantiation for plan approval or disapproval. After receipt
of initial and subsequent plan reviews, revised plans shall be resubmitted
for review and shall be accompanied by a submission letter identifying
how each review comment has been addressed, clearly identifying the
location on the plans where the changes have been made.
[Amended by Ord. 2015-04, 8/13/2015]
A.
After completion of the review process, the Planning Commission shall
make recommendation to the Board of Supervisors to grant or deny approval.
In no case will a recommendation for approval be made until comments
have been received from the County Conservation District.
4.
Approval or Disapproval. After an application for approval of a plat
of a minor subdivision or land development has been filed with the
Planning Commission, together will all maps, necessary data, and fees,
the plan shall be reviewed and processed. The applicant shall pay
required review fees at the time of official submission of the plat
and official submission shall not be deemed to have been made until
receipt of all the required review fees. The Planning Commission shall
complete the review and make recommendation for approval or disapproval
to the Board of Supervisors. The Board of Supervisors shall either
approve or disapprove the application not later than 90 days following
the date of the regular meeting of the Planning Commission next following
the date the application is filed. Should the said next regularly
scheduled Planning Commission meeting occur more than 30 days following
the date the application is filed, the said ninety-day period shall
be measured from the 30th day following the day the application was
filed. The decision of the Board of Supervisors shall be in writing
and shall be communicated to the applicant personally or mailed to
him at his last known address not later than 15 days following the
decision.
A.
The Planning Commission shall have the authority to recommend specific
conditions for approval upon a subdivision or land development plan.
If such specific conditions are accepted by the applicant, the plan
shall be recommended for approval. If the applicant fails to accept,
or rejects, such conditions, the Planning Commission shall recommend
the plan be disapproved by the Board of Supervisors.
B.
All such conditions for approval shall be communicated by the Planning
Commission Secretary, or such other person as designated by the Planning
Commission or Board of Supervisors, within 10 calendar days of the
imposition of such conditions by the Planning Commission. The applicant
shall respond, in writing, to the Planning Commission Secretary, or
such other person as designated by the Planning Commission or Board
of Supervisors, within 14 calendar days of the mailing of the written
notice of the conditions indicating an acceptance or rejection of
the conditions imposed. Failure of the applicant to respond to the
notice of conditions shall be deemed a rejection of the proposed conditions.
C.
When the application is approved, it shall be appropriately signed and dated and copies shall be distributed according to Subsection 5 of this section. When the application is disapproved, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite to the provisions of the ordinance relied upon. One disapproved copy of the subdivision or land development plan shall be retained by the Township, one disapproved copy shall be sent to the Lebanon County Planning Department, and the remaining copies shall be returned to the applicant and/or his agent.
D.
Failure of the Board of Supervisors to render a final 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. However, removal or withdrawal of the subdivision
or land development plan from the approval process by the applicant
and/or his agent shall be considered withdrawal of plan application,
shall not obligate the Board of Supervisors to approve or disapprove
the plan within the herein described timetable and shall not result
in a deemed approval when 90 days have elapsed. Upon knowledge of
plan withdrawal, the Planning Commission shall notify, in writing,
the subdivider or land developer that plan withdrawal has disrupted
the approval process and no approval or disapproval will be rendered
unless the subdivision or land development plan is resubmitted as
a new application.
5.
Recording. After approval of a minor subdivision or land development plat by the Board of Supervisors, the original mylar copy and one additional paper copy shall be placed on file in the Township office, and one paper copy may be retained by the Township Engineer. One additional paper copy shall be filed, by the applicant, and recorded in the office of the County Recorder of Deeds, said recording to occur within 90 days of the final or deemed approval date of the plan or the approval shall be null and void. The Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the approval of the Planning Commission and the approval of the Board of Supervisors. Likewise, whenever plan review and comment by the County Planning Department is required (§ 22-303), the Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the review of the Planning Department. The applicant shall be responsible to adhere to any and all policies and procedures adopted by the Recorder of Deeds. A copy of an approved plat shall be sent to the County Planning Department. Additional copies may be distributed to utility or related agencies making a timely request for copies.
[Ord. 2013-39, 1/10/2013]
1.
Classification. Any subdivision or land development involving more
than five lots or dwelling units; or any subdivision or land development
on a property after five or more lots or dwelling units have previously
been subdivided from that property; 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 development shall be considered
major subdivision or land development, regardless of the number of
lots or units created.
2.
Application. A preliminary plat complying with the requirements set
forth in this chapter shall be prepared for each major subdivision
or land development and an approval requested from the Planning Commission
and Board of Supervisors.
A.
When filing an application for preliminary approval of a major subdivision
or land development, the subdivider shall submit to the Planning Commission
six blue- or black-line prints of the proposal, along with appropriate
filing fees. As part of the submission, the subdivider shall also
submit six paper prints of the improvement plan (if not contained
on the initial sheet) containing details of the physical site improvements
(roadways, utilities, etc.) proposed for the subdivision or land development.
[Amended by Ord. 2015-04, 8/13/2015]
B.
All sheets shall be 18" x 24" or 24" x 36".
3.
Review. Upon receipt of the preliminary plan (and improvement plan,
if separate), application and fees, and upon acceptance for review
by the Planning Commission at a public meeting, the Planning Commission
shall begin to review the plan for compliance with this chapter. The
preliminary plan shall be examined for a suitable relationship to
adjoining subdivisions or undeveloped land, feasibility of the program
for improvements, and provide an opportunity for advice, suggestions,
and adjustments to meet ordinance requirements before the plan becomes
rigid. The submission of alternate plans is recommended.
[Amended by Ord. 2015-04, 8/13/2015]
A.
Where applicable, the plan may be forwarded to the Township Engineer,
Lebanon County Planning Department, or other appropriate agency for
review and comment. After initial review, the preliminary plan, plus
any applicable improvement plan, will be forwarded to the County Planning
Department to provide an opportunity for review and comment. Review
comments, conditions and findings of the Planning Department shall
be received by the Township within 30 days of the date the plan was
forwarded. These comments may be used as substantiation for plan approval
or disapproval. After receipt of initial and subsequent plan reviews,
revised plans shall be resubmitted for review, and shall be accompanied
by a submission letter identifying how each review comment has been
addressed, clearly identifying the location on the plans where changes
have been made. After completion of the review process, the Planning
Commission shall make recommendation to the Board of Supervisors to
grant or deny approval.
B.
The subdivider
shall also submit the required number of copies of the plan to the
Lebanon County Conservation District, along with a completed application
and appropriate review fees, for NPDES and E&S review and approval.
4.
Approval or Disapproval. After an application for preliminary approval of a plat of a major subdivision or land development has been filed with the Planning Commission, together with all improvement plans, maps, necessary data and fees, the Planning Commission shall complete the review and approval or disapproval of the plan in accordance with the procedure outlines in § 22-303, Subsection 4.
5.
Recording. After approval of a preliminary plan for a major subdivision
or land development plat by the Planning Commission, recording of
the preliminary plan is not authorized. 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 this chapter.
6.
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, unless extended by the Board of Supervisors.
[Ord. 2013-39, 1/10/2013]
1.
Classification. Any subdivision or land development involving more
than five lots or dwelling units; or any subdivision or land development
on a property after five or more lots or dwelling units have previously
been subdivided from that property; 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 development shall be considered
major subdivision or land development, regardless of the number of
lots or units created.
2.
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 Planning Commission 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 Board of Supervisors. Said 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.
A.
When filing an application for a final approval of the major subdivision
or land development, the subdivider or developer shall submit to the
Planning Commission one mylar copy or original (at final action stage
only) and eight blue or black line paper prints of the proposal on
18" x 24" or 24" x 36" sheets. Additional plans shall also be submitted
in accordance with any and all Lebanon County submission requirements
in effect at the time of submission.
3.
Review. Upon receipt of the final plan, application, and appropriate
fees, and acceptance by the Township Planning Commission for review,
the Planning Commission shall begin to review the plan for compliance
with this chapter. The final plan shall be examined for conformity
to the preliminary plan, for design and detail of required site improvements
and for adherence to other standards of this chapter. The plan shall
also be examined to determine if the required site improvements have
been installed or, in lieu thereof, a bond or financial security has
been submitted. Where applicable, the plan may be forwarded to the
Township Engineer, the County Conservation District or other agencies
for review and comment. After initial review, the final plan will
be forwarded to the Lebanon County Planning Department to provide
an opportunity for review and comment.
A.
Review comments, conditions and findings of the Lebanon County Planning
Department shall be conveyed to the Township within 30 days of the
date that the plan was forwarded. Said Planning Department review
comments, conditions and findings may be used as substantiation for
plan approval or disapproval. After receipt of initial and subsequent
plan reviews, revised plans shall be resubmitted for review and shall
be accompanied by a submission letter identifying how each review
comment has been addressed, clearly identifying the location on the
plans where changes have been made.
B.
After completion of the review process, the Planning Commission shall
make recommendation to the Board of Supervisors to grant or deny approval,
with or without conditions for approval.
4.
Approval or Disapproval. After an application for final approval of a plat of a major subdivision or land development has been filed with the Planning Commission, approval or disapproval, with or without conditions, shall be granted in accordance with § 22-303, Subsection 4, of this chapter.
A.
However, no plat shall be finally approved unless the streets on such plat have been improved as may be required by this chapter, and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, landscaping, water mains, sanitary sewers, storm sewers, stormwater management facilities, and other site improvements as may be required by this chapter and any applicable municipal requirements have been installed in accordance with such requirements. In lieu of the completion of any site improvements required as a condition for the final approval of a plat, a financial security shall be deposited by the subdivider/developer with the municipality in an amount to cover the costs of any site improvements which may be required by ordinance. Such financial security shall provide for and secure to the public, the completion of any site improvements which may be required for the subdivision or land development. Financial improvement guarantees shall further be subject to the requirements of § 22-514 of this chapter and §§ 5.09 through 5.11 of Act 247.[1]
[1]
Editor's Note: See 53 P.S. §§ 10509 through
10511.
5.
Recording. After approval of a final plat for a major subdivision or land development by the Planning Commission and Board of Supervisors, the plat shall be recorded by the applicant and copies distributed in the manner prescribed in § 22-303, Subsection 5, of this chapter.
A.
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.
B.
When a final plat has been approved, no subsequent change or amendment
in zoning, subdivision or other governing ordinance shall be applied
to affect adversely the right of the subdivider or land developer
to commence and complete any aspect of the approved development in
accordance with the terms of such approval within five years from
such approval. Where final approval is preceded by preliminary approval,
the aforesaid five-year period shall be counted from the date of the
preliminary approval.
C.
When the subdivider or land developer has failed to substantially
complete development of the approved plan within five years of the
aforesaid approval date and when changes in a zoning, subdivision,
or other governing ordinance have occurred which affect the design
of the approved plat, the subdivision or land development shall be
subject to the changes in the zoning, subdivision, or other governing
ordinance. The Planning Commission shall notify, in writing, the subdivider
or land developer that approval has expired and submission and approval
of a revised preliminary and/or final plan (as necessary to detail
changes), illustrating compliance with the revised ordinance, is required
prior to further development or lot transfer.
6.
Geodetic Control Requirements.
A.
The following geodetic control requirements shall be met for all
major final subdivision and land development plans and are recommended
for minor subdivision plans:
(1)
The plat boundary shall be field-tied to the nearest Lebanon
County monument, which is based upon the State Plane Coordinate System
NAD83 and NGVD29, in accordance with one of the methods outlined below:
(a)
Self-closing (looped) traverse(s) shall be conducted between
two Lebanon County monuments and the boundary with minimum precision
of no less than one part in 10,000 before adjustment.
(b)
Self-closing (looped) traverse(s) shall be conducted between
one Lebanon County monument, the plat boundary and a line whose azimuth
has been determined by astronomic observation or global position system
(GPS) with a minimum precision of no less than one part in 10,000
before adjustment. Astronomic or GPS observation shall be performed
in accordance with third order, Class II requirements set forth in
Standards and Specifications for Geodetic Control Networks, Federal
Geodetic Control Committee, September 1984, or as subsequently amended.
(c)
Geodetic control points that are used shall be shown on the plat by graphically identifying their location, name and number. The final adjusted direct tie (bearing and distance) shall be shown between those geodetic control points and specific control point(s) on the plat boundary. If only one Lebanon County monument was used, as in Subsection 6A(1)(b) above, a bearing diagram shall be shown on the plat relating the bearing structure shown on the plat to grid north.
(2)
A certified copy of the associated electronic data file (disk)
shall be given to the Township and an additional certified copy to
Lebanon County, at the time of plan recording, in order to expedite
entering the information into the County's records.
(a)
The electronic disk shall contain
all cross-reference items listed below:
[1]
Boundary (line).
[2]
Property (line).
[3]
Road center line (line).
[4]
Road right-of-way (line).
[5]
Curb (line).
[6]
Wetlands (line or polygon).
[7]
Paving — parking lot and driveways (line).
[8]
Sanitary sewer mainlines (line).
[9]
Sanitary sewer manholes (point).
[10]
Sanitary sewer pump stations (point).
[11]
Storm sewer lines (line).
[12]
Storm sewer inlets and manholes (point).
(b)
Disk requirements:
