The provisions of this chapter, as far as they are the same as those
of existing laws, are intended as a continuation of such laws except for those
portions of the laws which are specifically repealed. However, the repeal
by this chapter of any ordinance shall not revive any ordinance or part thereof
heretofore repealed or superseded by law. The provisions of this chapter shall
not affect any act done, contract executed or liability incurred prior to
its effective date, nor affect any suit or prosecution pending or to be instituted
to enforce any right, rule, regulations or ordinance or to punish any offense
against any such repealed ordinances or against any ordinance enacted under
them. All ordinances, resolutions and rules made pursuant to any Act of Assembly
repealed by this chapter shall continue in effect as if such Act had not been
repealed.
It is the intent, purpose and scope of this chapter to protect and promote
safety, health and morals; to accomplish a coordinated development of Hempfield
Township, to provide for the general welfare by guiding and protecting amenity,
convenience, future governmental, economic, practical, social and cultural
facilities, development and growth, as well as the improvement of governmental
processes and functions; to guide uses of land and structures, type and location
of streets, public grounds and other facilities; and to permit Hempfield Township
to minimize such problems as may presently exist or which may be foreseen.
It is the further intent of this chapter that any recommendations made by
any planning agency to any governing body shall be advisory only.
The governing body of Hempfield Township is hereby authorized and empowered
to make such appropriations as it may see fit and to accept gifts, grants
or bequests from public and private sources for the purpose of carrying out
the powers and duties conferred by this chapter, and to enter into agreements
regarding the acceptance or utilization of such grants, gifts or bequests.
As used in this chapter, except where the context clearly indicates
otherwise, the following words or phrases have the meanings indicated below:
A landowner or developer, as hereinafter defined, who has filed an
application for development, including his heirs, successors and assigns.
Every application, whether preliminary or final, required to be filed
and approved prior to start of construction or development, including but
not limited to an application for a building permit, for the approval of a
subdivision plot or plan or for the approval of a development plan.
The Board of Supervisors of Hempfield Township.
Cities of the Second Class A and Third Class.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended for
the use or enjoyment of residents of the planned residential development,
not including streets, off-street parking areas and areas set aside for public
facilities. "Common open space" shall be substantially free of structures
but may contain such improvements as are in the development plan as finally
approved and as are appropriate for the recreation of residents.
Any county of the Second Class A through Eighth Class.
Any landowner, agent of such landowner or tenant with the permission
of such landowner who makes or causes to be made a subdivision of land or
land development.
The provisions for development of a planned residential development,
including a plat of subdivision, all covenants relating to use, location and
bulk of buildings and other structures, intensity of use or density of development,
streets, ways and parking facilities, common open space and public facilities.
The phrase "provisions of the development plan" when used in this chapter
shall mean the written and graphic materials referred to in this definition.
A professional engineer licensed as such in the Commonwealth of Pennsylvania,
duly appointed as the Engineer for Hempfield Township's planning agency
or Joint Planning Commission.
The Board of Supervisors.
The improvement of one or more contiguous lots, tracts or parcels of
land for any purpose involving:
A division of land into lots for the purpose of conveying such lots
singly or in groups to any person, partnership or corporation for the purpose
of the erection of buildings by such person, partnership or corporation.
The legal or beneficial owner or owners of land, including the holder
of an option or contract to purchase (whether or not such option or contract
is subject to any condition), a lessee having a remaining term of not less
than 40 years or other person having a proprietary interest in land.
Hempfield Township.
An area of land, controlled by a landowner, to be developed as a
single entity for a number of dwelling units, the development plan for which
does not correspond in lot size, bulk or type of dwelling, density, lot coverage
and required open space to the regulations established in any one residential
district created from time to time under the provisions of a municipal zoning
ordinance.
A Planning Commission, Planning Department or a Planning Committee
of the governing body.
The map or plan of a subdivision or land development, whether preliminary
or final.
Includes:
Notice given not more than 30 days and not less than 14 days in advance
of any public hearing required by this chapter. Such notice shall be published
once each week for two successive weeks in a newspaper of general circulation
in Hempfield Township. Such notice shall state the time and place of the hearing
and the particular nature of the matter to be considered at the hearing.
Includes street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways used or intended to be used by vehicular
traffic or pedestrians, whether public or private.
Any man-made object having an ascertainable stationary location on
or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land by any
means into two or more lots, tracts, parcels or other divisions of land, including
changes in existing lot lines, for the purpose, whether immediate or future,
of lease, transfer of ownership or building or lot development; provided,
however, that the division of land for agricultural purposes into parcels
of more than 10 acres, not involving any new street or easement of access,
shall be exempted.
