A.
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 East Hanover
Township may review, make recommendations, approve plans and otherwise
administer these regulations and this chapter.
B.
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.
A.
East Hanover Township shall make available to developers copies of this chapter, Chapter 250, Zoning, Chapter 172, Stormwater Management, of the Code of East Hanover Township, the transportation improvement plan and other adopted plans, street maps, and other information which may affect the development of the property under consideration. Applications for approval of a subdivision or land development shall be in accord with these regulations, other codes and plans as adopted and information furnished.
B.
Prior to the formal submission of a subdivision or land development
plan for review and approval, the subdivider or land developer is
urged to submit a sketch plan to East Hanover Township 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 County or Municipal land use, thoroughfare or other community
plans. 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.
C.
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.
A.
Classification.
(1)
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).
(2)
Dedication or establishment of an unimproved right-of-way or easement
shall be a minor subdivision. Re-platting, re-subdivision 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 minor, subdivision or land development, regardless
of the number of lots or units created.
B.
Application.
(1)
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 East Hanover Township.
(2)
When filing an application for approval of a minor subdivision or
land development to East Hanover Township, the subdivider shall submit
an application packet containing two paper copies of the Application
for Subdivision or Land Development Approval, seven paper copies of
24 inches by 36 inches plans, two paper copies of any reports, studies,
and outside agency permits conforming to the requirements of the SALDO
along with digital copies of the aforementioned items on a portable
digital device (i.e., USB thumb drive, CD or DVD).
C.
Review. Upon receipt of the minor subdivision or land development
plan, East Hanover Township shall begin to review the final plan for
compliance with this chapter. Where applicable, the plan may be forwarded
to the County Conservation District, the County Planning Department
or other agencies for review and comment. Review comments, conditions,
and findings of East Hanover Township may be used as substantiation
for plan approval or disapproval. After completion of the review process,
the final plan shall be approved or disapproved by East Hanover Township.
D.
Approval or disapproval.
(1)
After an application for approval of a plat of a minor subdivision
or land development has been filed with East Hanover Township, together
will all maps, necessary data, and fees, the plan shall be reviewed
and processed. The subdivider or developer 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. East Hanover Township shall complete the review and either
approve or disapprove the plat not later than 90 days after such application
submission is filed. The decision 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.
(2)
When the application is approved, it shall be appropriately signed and dated and copies shall be distributed according to § 185-11E of this chapter. 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 the provisions of the Ordinance relied upon. A disapproved copy of the subdivision or land development plan shall be retained by East Hanover Township and any remaining copies of the plan shall be returned to the subdivider, developer and/or his agent.
(3)
Failure of East Hanover Township to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed approval of the application in the terms as presented,
unless the applicant has agreed, in writing, to an extension of time
or change in the prescribed manner of presentation of communication
of the decision in which case, failure to meet the extended time or
change in manner of presentation of communication shall have like
effect. However, removal or withdrawal of the subdivision or land
development plan from the approval process by the subdivider, developer
and/or his agent shall be considered withdrawal of plan application,
shall not obligate East Hanover Township 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, East Hanover Township 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.
E.
Recording.
(1)
When filing an application for recording of a minor subdivision or
land development, the subdivider shall submit to East Hanover Township
nine blue line paper prints of the proposal on 18 inches by 24 inches
sheets. When the 18 inches by 24 inches size plans are prepared by
reduction of the larger plan original, five sets of the original size
plans shall also be provided.
(2)
After approval of a minor subdivision or land development plat by East Hanover Township, the original plat paper copy, containing original, notarized signatures and original professional endorsements, shall be filed 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. Whenever such plat approval is required by this chapter, the Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the approval of East Hanover Township. Likewise, whenever plan review and comment by East Hanover Township is required by this chapter (§ 185-11C), the Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the review of the Lebanon County Planning Department.
(3)
Copies of an approved plat shall be sent to the applicant and retained
by East Hanover Township. Additional copies may be distributed to
the Pennsylvania Department of Transportation, County Emergency Management
Agency, County Assessment Office. County Planning Department, Metropolitan
Edison Company, or other utility or related agency making a timely
request for copies.
A.
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.
B.
Application.
(1)
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 East Hanover Township.
(2)
When filing an application for preliminary approval of a major subdivision
or land development, the subdivider shall submit to the Township two
paper copies of the Application for Subdivision or Land Development
Approval, seven paper copies of 24 inches by 36 inches plans, two
paper copies of any reports, studies, and outside agency permits conforming
to the requirements of the SALDO along with digital copies of the
aforementioned items on a portable digital device (i.e., USB thumb
drive, CD or DVD). As part of the submission, the subdivider shall
also submit two paper prints of the improvement plan (if not contained
on initial sheet) containing details of the physical site improvements
(roadways, utilities, etc.) proposed for the subdivision or land development.
All sheets shall be 18 inches by 24 inches or 24 inches by 36 inches
and two copies of any associated reports.
C.
Review.
(1)
Upon receipt of the preliminary plan (and improvement plan, if separate),
East Hanover Township shall review the plan for compliance with this
chapter. The preliminary plan shall be examined for 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.
(2)
Where applicable, the plan may be forwarded to the County Conservation
District, County Planning Department, or other appropriate agencies
for review and comment. Review comments, conditions, and findings
of East Hanover Township may be used as substantiation for plan approval
or disapproval. After completion of the review process, the preliminary
plan and improvement plan shall be approved or disapproved by East
Hanover Township.
D.
Approval or disapproval. After an application for preliminary approval of a plat of a major subdivision or land development has been filed with East Hanover Township, together with all improvement plans, maps, necessary data and fees, East Hanover Township shall complete the review and either approve or disapprove the plan in accordance with the procedure outlines in § 185-11D.
E.
Recording.
(1)
After approval of a preliminary plan for a major subdivision or land
development plat by East Hanover Township, recording of the preliminary
plan is not authorized.
(2)
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 and those ordinances of local municipalities where the subdivision
is located.
(3)
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.
A.
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.
B.
Application.
(1)
Within five years after the approval of the preliminary plat, a final
plat with all necessary supplemental data shall be officially submitted
to East Hanover Township 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 East Hanover Township. 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.
(2)
When filing an application for approval of a major subdivision or
land development to East Hanover Township, the subdivider shall submit
to the Township two paper copies of the Application for Subdivision
or Land Development Approval, seven paper copies of 24 inches by 36
inches plans, two paper copies of any reports, studies, and outside
agency permits conforming to the requirements of the SALDO along with
digital copies of the aforementioned items on a portable digital device
(i.e., USB thumb drive, CD or DVD). As part of the submission, the
subdivider shall also submit two paper prints of the improvement plan
(if not contained on initial sheet) containing details of the physical
site.
(3)
The subdivider or developer may apply for final approval of: 1) only
a portion, section, or phase of the entire subdivision or land development
as preliminarily approved; or 2) the entire subdivision or land development.
C.
Review.
(1)
Upon receipt of the final plan, East Hanover Township 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 County Engineer, the County Conservation
District, the County Planning Department, or other agencies for review
and comment.
(2)
Review comments, conditions, and findings of East Hanover Township
may be used as substantiation for plan approval or disapproval. After
completion of the review process, the final plan shall be approved
or disapproved by East Hanover Township.
D.
Approval or disapproval.
(1)
After an application for final approval of a plat of a major subdivision or land development has been filed with East Hanover Township, approval or disapproval shall be granted in accordance with § 185-11D of this chapter.
(2)
However, no plat shall be finally approved unless the streets on
such plat have been improved as may be required by ordinance, and
any walkways, curbs, gutters, streetlights, fire hydrants, shade trees,
landscaping, water mains, sanitary sewers, 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 and/or county 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.
E.
Recording.
(1)
After approval of a final plat for a major subdivision or land development by East Hanover Township, the plat shall be recorded and copies distributed in the manner prescribed in § 185-11E of this chapter.
(2)
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.
(3)
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.
(4)
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. East Hanover Township 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.
F.
Geodetic control requirements. 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 F(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 East Hanover Township, at the time of plan recording,
in order to expedite entering the information into the Township'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 pipes (line).
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[12]
Storm sewer inlets, manholes, and outlets (point).
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[13]
Water mainlines (line).
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[14]
Water valves and fire hydrants (point).
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(b)
Disk requirements:
