Township of Hempfield, PA
Westmoreland County
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Chapter 76: SUBDIVISION OF LAND
Attachments:
076a Chart A  
076b Typical Section for Streets  
076c Plat No. 2 Typical Catch Basin  
[HISTORY: Adopted by the Board of Supervisors of the Township of Hempfield 12-29-1975 by Ord. No. 75-39 as readoption of a resolution validly adopted 10-25-1963 under the authority of 53 P.S. § 66251 and amended 3-14-1966. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Planning Commission — See Ch. 20.
Township planning — See Ch. 23.
Building permits — See Ch. 41.
Flood damage prevention — See Ch. 49.
Mobile home parks and rental property — See Ch. 57.
Sewers — See Ch. 67.
Stormwater management — See Ch. 72.
Zoning — See Ch. 87.

§ 76-1 Purpose.

This chapter is adopted for the following purposes:
A. To assist the orderly, efficient and integrated development of the Township.
B. To promote the health, safety, morals and general welfare of the residents of the Township.
C. To secure equitable handling of all subdivision plans by providing uniform procedures and standards.

§ 76-2 Usage and definitions.

A. Usage. Words in the singular include the plural, and words in the plural include the singular. The word "persons" includes a corporation and unincorporated association; and the word "building" includes "structure" and shall be construed as if followed by the words "or part thereof." The word "street" includes "drain," "ditch" and "streams." The word "shall" is mandatory unless otherwise indicated.
B. Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated unless otherwise specifically stated:
ALLEY
A permanent serviceway providing secondary means of access to abutting lands.
BLOCK
Property abutting on one side of a street and lying between the two nearest intersecting or intercepting street and railroad right-of-way, waterway, unsubdivided area or other definite barrier.
BUILDING
Any structure or part thereof affixed to the land.
BUILDING SETBACK LINE
The line nearest the front of and across a lot, establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line.
COMMISSION or PLANNING COMMISSION
Hempfield Township Planning Commission.
CROSSWALK
A right-of-way, municipally owned, which cuts across a block to furnish access by pedestrians to adjacent streets or properties.
CUL-DE-SAC (COURT or DEAD-END STREET)
A short street having one end open to traffic and being permanently terminated by a vehicular turnaround.
EASEMENT
A grant by the property owner of the use of a strip of land by the public, a corporation or persons for specified purposes.
ENGINEER
The Hempfield Engineer.
LAND DEVELOPMENT
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
[Added 7-15-2003 by Ord. No. 2003-15]
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure;
(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; or
(3) A subdivision of land.
LOT
A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development which has frontage on a public or private street or road.
[Amended 6-25-2002 by Ord. No. 2002-7]
LOT DEPTH
The mean horizontal distance between the front and rear lines of a lot.
LOT, DOUBLE-FRONTAGE
A lot, the generally opposite ends of which both abut on streets.
LOT, MINIMUM AREA OF
The area of a lot exclusive of any portion of the right-of-way of any public or private street or road.
[Added 6-25-2002 by Ord. No. 2002-7]
LOT WIDTH
The mean horizontal distance between side property lines of a lot.
MASTER PLAN
The Comprehensive Plan made and adopted by the municipality, indicating the general locations recommended for major thoroughfares, streets, parks, public buildings, zoning districts and other public improvements. Editor's Note: A Comprehensive Plan was proposed for the Township of Hempfield in 1964 by Beckman, Swenson & Associates. Copies of it, or a more recent plan, are available from the Planning Commission.
MINOR SUBDIVISION
A subdivision containing no more than six lots, tracts or parcels proposed for the construction of either single-family dwellings or two-family dwellings or for the transfer of property between lots which contain existing single-family dwellings or two-family dwellings, all of which have frontage on an improved public street, not involving any new public or private street or road (except subdivisions of three lots or fewer providing for a private road may be considered minor subdivisions); or the extension of municipal facilities; or the creation of any public improvements; or the resubdivision of an existing lot of record except for side or rear yard additions as set forth in § 76-8.1 of this chapter; and, not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision of Chapter 87, Zoning, or these regulations.
[Added 7-19-2005 by Ord. No. 2005-8]
PLAT
The map or plan of a subdivision or land development, whether preliminary or final.
[Amended 7-15-2003 by Ord. No. 2003-15]
RIGHT-OF-WAY
Land dedicated and publicly owned for use as a street, alley or crosswalk.
STREET
A street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by public vehicular traffic or pedestrians to provide access to abutting properties. Certain streets may be considered alleys or culs-de-sac. An easement or right-of-way shall not constitute a "street" under the terms hereof.
[Amended 12-12-1994 by Ord. No. 94-18]
SUBDIVIDER
Any person who undertakes the subdivision or land development of land as herein defined. The term subdivider may be the owner or the authorized agent of the owner of land who has submitted an application for either subdivision or land development.
[Amended 7-15-2003 by Ord. No. 2003-15]
SUBDIVISION
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, partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development, provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling shall be exempt.
[Amended 7-15-2003 by Ord. No. 2003-15]
SUPERVISORS
The Board of Supervisors of the Township.
TOWNSHIP
The Township of Hempfield.

§ 76-3 Subdivision and land development plats required.

[Added 7-15-2003 by Ord. No. 2003-15]
A. Hereafter, it shall be unlawful to sell, agree to sell, transfer, lease, or otherwise convey any lot, parcel, tract of land, or building in a subdivision or land development unless and until a subdivision or land development plat is approved by the Board of Supervisors of the Township of Hempfield. All subdivision plats shall be recorded in accordance with the provisions hereof.
B. It shall be unlawful to construct or commence the construction of any building or perform any grading or excavating in a subdivision or land development unless and until the subdivision plat or land development is approved in accordance with the provisions hereof.
C. Further, it shall be unlawful to construct or commence the construction of any building or perform any grading or excavating in a subdivision unless the same is recorded in accordance with the provisions hereof.

§ 76-4 Streets and roadways.

[Added 7-11-1994 by Ord. No. 94-9 Editor's Note: This ordinance also repealed former § 76-4, General requirements, as amended. ]
A. Design standards.
(1) The arrangement, character, extent, width, grade and location of all streets shall conform to the Official Map of Hempfield Township. Editor's Note: The Official Map is on file in the office of the Secretary of the Township of Hempfield. Where streets are not shown on the Official Map, the arrangement and other design standards of streets shall conform to the provisions set forth herein. Every subdivision shall have access to a public street except as may be otherwise authorized herein. The purpose of this section and all of its subsections now or hereafter adopted is to regulate new road construction in order to protect the safety and health and to provide for the general welfare of the Township and its inhabitants by providing procedures and specifications for street and roadway construction within the Township.
(2) Definitions. As used in this section and all of its subsections, the following words or phrases shall have the meanings indicated below:
APPLICANT
A landowner or developer, as hereafter defined, who has filed an application for development or approval of plot, including his heirs, successors and assigns.
APPOINTING AUTHORITY
Board of Supervisors of the Township.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points on the center lines at a given distance from the intersection of street lines.
COUNTY
County of Westmoreland.
DEVELOPER
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 a land development.
ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Township.
GOVERNING BODY
Board of Supervisors of the Township.
RIGHT-OF-WAY
Land dedicated and publicly owned for use as a street.
SIGHT DISTANCE
The maximum distance of unobstructed vision in a horizontal or vertical plane from within an automobile located at any given point on a street.
STREET
A street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by public vehicular traffic or pedestrians to provide access to abutting properties. Certain streets may be considered alleys or culs-de-sac.
(3) Design and arrangement.
(a) In general, all streets shall be continuous and in alignment with existing streets and shall compose a convenient system to ensure circulation of vehicular and pedestrian traffic.
(b) Where a subdivision abuts or contains an existing or proposed street, the newly proposed streets shall be planned and designed in order to protect residential areas from heavy traffic and also to provide separation between local and through traffic.
(c) Streets shall be logically related to the topography so as to produce usable lots and reasonable grades.
(d) Half or partial streets shall not be permitted. Wherever a tract to be subdivided borders an existing half or partial street, the remaining portion of the street shall be platted within such tract.
(e) Dead-end streets shall be prohibited except as stubs utilizing temporary culs-de-sac to permit future street extension into adjoining tracts of ground or when designed as permanent culs-de-sac of less than or equal to 500 feet in length. Culs-de-sac shall be a minimum of 250 feet in length, measured from the center line of the intersecting street to the midpoint of the cul-de-sac.
(f) Where a street is proposed to be extended into property proposed for future development, a temporary hammerhead turnaround shall be provided in an extension of the right-of-way onto the property proposed for future development. The extension of the right-of-way containing the hammerhead turnaround shall not include any portion of frontage for a residential lot. The applicant shall note on the plan of subdivision or land development that said street is reserved to the applicant for future access. Further, any extension of said street to serve a future subdivision or land development shall be a dedicated public street and shall not be a private street.
[Amended 7-19-2005 by Ord. No. 2005-8]
(g) Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper projection of streets. Where a new subdivision adjoins unsubdivided land capable of future subdivision, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided.
(h) Streets shall be laid out to intersect as nearly as possible at right angles; in any event, no street shall intersect another at less than 60°. Intersections of more than two streets shall be avoided. Where this proves impossible, such intersections shall be designed with care for safety and suitable curbs, barriers, signs and other devices may be required. Streets entering opposite sides of another street shall be laid out directly opposite one another.
(i) Street intersections shall not be so numerous or so close to each other as to impede the flow of traffic or as to create a safety hazard.
(j) Clear sight triangles shall measure a minimum distance of 75 feet along street center lines from their point of junction at all intersections unless longer distances are required to provide adequate site distance; no structures or other obstructions to vision shall be permitted.
(k) The vacation of any street or part of a street dedicated for public use shall not be approved if such vacation interferes with the uniformity of the existing street pattern or any future street plans prepared for the area.
(l) A design speed of 30 miles per hour shall be utilized unless traffic patterns and volumes dictate an increase. Said increase shall be as approved by the Township Engineer.
(m) If undeveloped property has an alternative means of vehicular access, a single-family lot in an adjoining recorded plan shall not be used as a future right-of-way for a public street, private street or other vehicular access.
(n) The within regulations of the Hempfield Township Road Ordinance shall apply to all roads and streets shown on plats of residential subdivision containing four lots or parcels or more and for all roads and streets shown on plats of subdivision of business, commercial or industrial properties, regardless of the number of lots shown thereon.
(o) In subdivisions, the lots in which are to be used for residential dwellings, and which contain three lots or fewer including any residual land owned by the developer, an exception is hereby granted in that streets shown on said plats need not be built in accordance with the provisions of this section, provided that said streets are to be private and not dedicated to the Township, and shall be conditioned upon the following:
[Amended 7-19-2005 by Ord. No. 2005-8]
[1] No further subdivision of the land area of any of the lots including the residual land shall be permitted.
[2] Such restriction shall be indicated on the subdivision plat, which shall state that this restriction is binding upon the owners, purchasers, subsequent purchasers and their heirs, administrators, successors, and assigns.
[3] Each lot in the proposed subdivision shall have erected thereon not more than one single-family dwelling or one two-family dwelling as the same is defined by the Zoning Ordinance of the Township of Hempfield, Editor's Note: See Ch. 87, Zoning. provided that the type of dwelling to be erected shall be in conformance with the existing zoning classification of the property in which the subdivision is proposed.
[4] The proposed private road shall be installed with a dust-free and mud-free surface.
[5] The private road shall have a minimum width of 50 feet of dedicated road right-of-way.
[6] The beginning point of said private road shall be at the intersection with a public road or street.
[7] The proposed private road shall not be extended in the future to service any other lots.
[8] The lots in the approved subdivision shall not be subdivided in the future unless the private road meets the requirements of § 76-4, as amended, of Chapter 76 of the Code of the Township of Hempfield as it may from time to time be amended.
[9] A private road agreement shall be executed by the developer, and the same shall be recorded in the office of the Recorder of Deeds in and for Westmoreland County, Pennsylvania. Said private road agreement shall provide for the allocation of maintenance costs between the respective owners of the lots serviced by the private road. The private road agreement shall be in a form as approved by the Township Solicitor.
[10] The proposed private road shall not be adopted as a Township-maintained public road unless said private road is installed in conformity with the then-existing Township regulations for public streets. The plan submitted for subdivision shall have specifically noted thereon a statement indicating that said private road will not be maintained or owned by the Township of Hempfield.
(4) Street grades.
(a) Profiles. No street grade shall be less than 1.00% and shall not exceed 12.00% for any street or roadway in the Township of Hempfield. Streets shall have a grade not to exceed 5.00% for a distance within 50 feet of the street right-of-way line for any intersecting street.
(b) Cross section. The gradients of streets shall be 0.02 foot per foot, and the cross section shall conform to the dimensions and depths as set forth on Plat No. 1, Typical Section for Hempfield Township Streets, as the same is attached hereto and made a part hereof by reference. Editor's Note: Said plat is included at the end of this chapter.
(5) Vertical and horizontal curve design.
(a) Vertical curves in profile design. For all streets and roadways in the Township of Hempfield, profile grades shall be connected by vertical curves as established in the American Association of State Highway and Transportation Officials (AASHTO) Policy on Geometric Design of Highways and Streets, latest edition; however, the minimum vertical curve length shall be 100 feet.
(b) Horizontal curvatures shall conform to the following minimum center-line radii:
[Amended 7-15-2003 by Ord. No. 2003-14]
[1] Streets and roadways: 50 feet.
[2] Culs-de-sac and alleys: 50 feet.
[3] A minimum fifty-foot tangent shall be introduced between reverse curves on all streets and roadways.
(c) Visibility requirements.
[Amended 7-15-2003 by Ord. No. 2003-14]
[1] Minimum sight distance for vertical curves shall be 100 feet.
[2] Minimum horizontal visibility, measured on center line, shall be 100 feet.
(6) Street width.
(a) The minimum right-of-way width of all streets, roads, etc., shall be 50 feet; exceptions are made for existing streets and roads or rights-of-way used for vehicular traffic which shall have a minimum right-of-way of 33 feet.
(b) Culs-de-sac. Each cul-de-sac shall be provided with a turnaround having a minimum right-of-way radius of 50 feet. The outside of the road surface within the turnaround right-of-way shall have a minimum radius of 40 feet.
B. Minimum required street improvements.
(1) Standards. The gradations and consistency of all materials and the methods of construction, unless otherwise authorized herein, shall be in accordance with the Pennsylvania Department of Transportation Specifications, Form 408, as amended.
(2) Notice. No road construction activity shall be permitted in the Township of Hempfield until and unless the contractor shall notify the Township at least one week in advance of commencing the work. The contractor shall at all times during the progress of the work have a competent superintendent or foreman on the job site. Inspection of the road work shall be done by the Board of Supervisors and/or the Township Engineer.
(3) Grading.
(a) The entire width of the right-of-way of each street in a proposed subdivision shall be graded and suitably prepared for the installation of paving, drainage structures, curbs, gutters and sidewalks in accordance with the appropriate standards for the class of street.
(b) The subgrade shall be free of sod, vegetation matter or other unsuitable material. Where poor subsurface drainage conditions exist, adequate drainage shall be installed. The subgrade construction shall conform to minimum standards as adopted by the Township.
(c) All backfill for utilities under the roadway shall be 100% 2A modified stone, compacted and placed in lifts of not greater than four inches.
[Amended 7-15-2003 by Ord. No. 2003-14 Editor's Note: This ordinance repealed former Subsection B(3)(c), regarding installation of utility lines, under drains, and sewer lines, and renumbered former Subsection B(3)(d) as B(3)(c). ]
(4) Preparation of road subgrade.
(a) The subgrade shall be well-rolled and fine-graded to a tolerance of not more than 0.1 foot above and 0.2 foot below the grade as shown on the plan.
(b) All soft, plastic or rock areas in the subgrade shall be undercut to a depth of at least 12 inches or more if deemed necessary by the Township Engineer and shall be refilled with approved materials (including possible use of geotextiles) and by methods approved by the Township Engineer.
(c) The subgrade shall conform to the same crown as the paved surface.
(d) Prior to the placement of subbase or base course material, the subgrade shall be proof-rolled with a loaded tri-axle truck carrying a gross weight of 40,000 pounds and approved by the Township Engineer. In the alternative, in those circumstances where the Township Engineer, in his sole discretion, shall deem it necessary, the subgrade shall be tested utilizing a compaction meter to ensure proper compaction prior to the placement of the subbase or base course material.
(e) French drains shall be installed pursuant to the specifications set forth on Plat No. 1 as attached hereto and made a part hereof, Editor's Note: Said plat is included at the end of this chapter. said French drains to be constructed pursuant to the provisions of Subsection C(1) hereof. Cross drains may be required where persistent wet conditions exist within the road base or as may be directed by the Township during inspection of the road base. Such cross drains, if required, shall be connected to the road drainage system.
(5) Base course construction. The base shall be of AASHTO No. 2A modified or No. 3A modified stone to a twelve-inch thickness. The stone shall be compacted to a depth not less than eight inches. This construction shall comply with the specifications set forth in the current PennDOT Publication 408 as may be from time to time amended.
[Added 7-15-2003 by Ord. No. 2003-14]
(6) Preparation of road surface. The surface course will consist of two courses, a base course and a wearing course of hot-mixed, hot-laid asphaltic concrete.
[Amended 6-8-1998 by Ord. No. 98-7; 7-15-2003 by Ord. No. 2003-14; 4-11-2006 by Ord. No. 2006-1]
(a) The base course shall be Superpave asphalt mixture design, 25.0mm, PG 64-22, four inches in depth. The anticipated traffic counts shall be submitted in order to calculate the ESAL (equivalent single axel load) and SRL (skid resistance level) ratings. All work shall be performed in accordance with Penn DOT Publication 408 (latest edition, as amended). Asphalt curbing, if any, is to be placed with the binder course. After the base course of a new road or street is completed, the new road or street must be sealed utilizing Superpave Asphalt mixture design, 9.5mm, PG 64-22, wearing course, 0.02 to 0.3 million ESALs, SRLM, having a depth of one inch. The sealing of roads, after compaction, in this matter, shall not relieve the developer of the placement of the one-and-one-half-inch wearing course as herein after set forth.
(b) The final wearing course and curb course shall consist of Superpave Asphalt mixture design, 9.5mm (Fine Grade), PG 64-22, wearing course, one and one-half inches in depth. The ESAL and SRL ratings are traffic count dependant, therefore, traffic data shall be submitted in accordance with Penn DOT Form 408 (as amended) to justify the classification.
(c) The wearing course shall only be placed after the Township has performed an inspection of the road and after all necessary repairs as required by either the Township Engineer or the Township Director of Public Works have been addressed. This requirement is to ensure the integrity of the wearing course shall not be adversely affected. Subject to said inspection and approval, the wearing course shall be placed no later than the time when 80% of the lots abutting on said street, road, or portion thereof shall have been erected and developed or when five years have passed from the placement of the binder course, whichever first occurs.
(d) The Hempfield Township Board of Supervisors may require the placement of the wearing course of a developed road to be delayed if the future phases of the project will utilize the developed road for access during construction.
(e) One year after placement of the wearing course, emulsified asphalt sealer must be placed on the roadway. The sealer must be installed in accordance with the specifications set forth in Penn DOT Publication 408, as amended.
C. Subsurface drainage. All roadways and streets constructed in the Township of Hempfield shall provide for the proper flow of stormwater and natural water in the areas of new streets and roads as follows:
(1) The French drain is to be constructed and shall be placed along the edge of the road on the uphill side, except that when the road has an elevated berm on both sides, the French drain shall be constructed under both edges. The size of the trench shall be a minimum of 14 inches wide. The drain shall lead into storm inlets with six-inch perforated plastic pipe placed in the trench four inches from the bottom of said trench. The French drain ditch shall have PennDOT No. 2B (AASHTO No. 57) aggregate placed in it and shall not be choked with fines.
(2) Editor's Note: Former Subsection C(2), regarding drainage from buildings, was repealed 4-11-2006 by Ord. No. 2006-1. Said ordinance also provided for the redesignation of former Subsection C(3) as Subsection C(2). All French drains or storm sewers must be piped to the approved stormwater management facility for the development.
D. Embankments and curbs.
[Amended 7-15-2003 by Ord. No. 2003-14]
(1) Embankments. Any slope or embankment beyond the back of the curve shall increase at a rate of one-inch per lineal foot for a distance of 10 feet. Beyond the ten-foot area, the slopes shall not exceed one-foot vertical to one and one-half foot horizontal. All disturbed areas shall be seeded in accordance with PennDOT Publication 408, as amended.
E. Catch basins. Catch basins shall be installed and provided in accordance with PennDOT Publication 408, as amended. In all residential areas, bicycle safe grates shall be provided.
[Amended 11-10-1997 by Ord. No. 97-17; 6-8-1998 by Ord. No. 98-7 Editor's Note: This ordinance also provided for the renumbering of former Subsection E(6) as E(7). ; 7-15-2003 by Ord. No. 2003-14]
F. Calendar and weather limitations. Road construction work, such as filing, berming, subgrade, fine-grade construction, base construction, surface construction or paving, shall not be commenced before April 1 and shall be completed by October 31 of the same year. It is assumed that the weather conditions between these dates will be ideal for road construction. However, if adverse weather conditions occur between these dates, the contractor or builder must abide by the judgment of the Township Supervisors in regard to permissible construction weather conditions. Work shall only be permitted before or after these dates on a day by day basis as approved by the Township Supervisors.
[Amended 7-15-2003 by Ord. No. 2003-14 Editor's Note: This ordinance repealed former Subsection F, Bridges, added 11-10-1997 by Ord. No. 97-17, and renumbered former Subsection G, Calendar and weather limitations, as Subsection F. ]
G. Special requirements and services.
[Amended 7-15-2003 by Ord. No. 2003-14]
(1) Street sign. The contractor or developer, after the binder course is completed, shall install all road signs. The signs shall he consistent with the Hempfield Township standards, as amended. The contractor or the developer may request the Township to install the road signs; however, the contractor or developer shall he required to pay the material and installation costs. The costs set forth herein shall be payable in advance to the Township prior to the installation of said road signs. The responsibility and maintenance and upkeep of the signs, whether installed by the contractor, developer, or the Township will be that of the contractor or developer until the roads are accepted by the Township of Hempfield.
(2) Snow removal.
(a) The Township shall only provide winter maintenance on roads that have been accepted by the Board of Supervisors of the Township of Hempfield. It shall be the responsibility of the contractor of developer to maintain streets that have not been accepted. As a condition of final approval, the developer shall provide a written contract to the Township to cover winter street maintenance and shall post a bond in the amount of 110% of the cost of one season winter maintenance of streets in the plan. This amount shall be determined by a formula of $1,000 per 1/4 mile of roadway to be surfaced. The contractor or developer shall perform winter maintenance upon notice, either written or oral, from the Township Director of Public Works. Such maintenance shall occur within one hour of the time notice is given.
(b) In the alternative, the contractor or developer may request that winter maintenance service be performed by the Township. The contractor or developer must execute an agreement with the Township to provide snow removal to the residents of the street or roadway. Temporaneously with the execution of said agreement, the developer shall deposit an annual fee which shall be calculated by using the formula of $1,000 per 1/4 mile of roadway to be serviced. This fee shall be calculated annually and may be revised by the Board of Supervisors on the anniversary date of each contract. In the event the Township performs the winter maintenance work pursuant to said agreement, the contractor or developer shall assume all responsibility for the effect of the snow removal, including, but not limited to, plowing, salt, antiskid, cinders, etc., on the road surface, inlets or manholes.
H. Submission of plans and profiles.
[Amended 7-15-2003 by Ord. No. 2003-14]
(1) Construction and paving plans. The paving width, curve requirements, grade and type of paving shall be established by and noted on the detailed plans and profiles submitted to the Board of Supervisors of the Township of Hempfield. There shall be no changes to the construction and paving plan without the express written consent of either the Township Engineer or the Township Director of Public Works. If any changes are made to the construction and/or paving plans, which have been approved as set forth herein, a notation should be made upon the construction and paving plan indicating the nature of the change, the date said change was approved by the Township Engineer or Township Director of Public Works.
(2) Drainage plans. Detailed plans of the existing and proposed drainage facilities of said street or road and contiguous territory shall be submitted to the Board of Supervisors for its approval. When necessary, said plans shall address and be in conformity with the provisions of the Hempfield Township Stormwater Management Ordinance, Chapter 72 of the Code of the Township of Hempfield. Said plans must cover a scope large enough to show the effect of the facility or facilities on any land or stream above and any land or stream below. This scope shall be determined by the Board of Supervisors or the Township Engineer and must be set forth on a separate plan.
(3) Certification of plans. All plans, profiles, or drawings required under the provisions of this chapter shall include a certification by a registered professional engineer or registered professional surveyor certified by the Commonwealth of Pennsylvania, attesting that all elements of the plan are in conformity with the Township Code and all applicable state rules and regulations.
(4) Number of plans. Plans and profiles for streets, roadways, drainage or other items required under the terms of this chapter must be submitted to the Township on drawings not to exceed 24 by 36 inches. Match sheets may be used where necessary. One Mylar copy and four prints must be provided.
(5) As-built drawings. Within 30 days of the completion of the street, roadway, and/or drainage system, the Township Engineer shall be supplied with detailed drawings of said streets, roadways, and/or drainage systems as the same have been completed. Said drawings shall include a certification by a registered professional engineer of the Commonwealth of Pennsylvania, or registered professional surveyor that the as-built plan is accurate.
I. Inspection fees. Inspection shall be required for all phases of road construction work, which shall include, but not be limited to, subgrading, base installation, binder placement, finish course applications, and storm drain installations. The contractor and/or developer, prior to final approval of the subdivision plat by the Board of Supervisors of the Township of Hempfield, shall deposit with the Township a certified check or money order payable to the Township in an amount equal to 7% of the cost of the public improvements set forth within this chapter. The amount so deposited shall be used to reimburse the Township for the reasonable and necessary expense incurred for the inspection of said improvements. Such reimbursement shall be based upon a schedule established from time to time by resolution of the Board of Supervisors of the Township of Hempfield. Such expense shall be reasonable in accordance with the ordinary and customary fees charged by the Township Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Township Engineer or consultant to the Township when fees are not reimbursable or otherwise imposed upon applicants.
[Amended 7-15-2003 by Ord. No.2003-14]
(1) Permit. A road construction permit shall be secured by the developer or contractor before starting any work or road construction. The Board of Supervisors shall, from time to time, by resolution, fix the cost of such permit. Permit applications are available at the office of the Township Secretary.
(2) Inspection fees. Inspection shall be required for all phases of road construction work: subgrading, base installation, binder placement and finish course applications. The contractor and/or builder, prior to any approval by the Board of Supervisors, must pay an inspection fee in an amount not less than the actual cost of the inspection.
J. Completion of improvements or guaranty thereof for final plat approval.
(1) No plat shall be finally approved unless the streets shown on such plat have been improved as required under the provisions of this chapter and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by this chapter have been installed. In lieu of the completion of such improvements required as a condition for the final approval of a plat, the applicant or developer shall provide for the deposit of the Township of Hempfield of financial security in an amount sufficient to cover the cost of such improvements or common amenities, including but not limited to roads, fire hydrants, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements or buffer or screen plantings which may be required.
(2) Without limitation as to other types of financial security which the Township of Hempfield may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section.
(3) Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided that said bonding company or lending institution is authorized to conduct such business within the commonwealth.
(4) Such bond or other security shall provide for and secure to the public the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.
(5) The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township of Hempfield may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township of Hempfield may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.
(6) The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township of Hempfield, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township of Hempfield are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Township and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the applicant or developer.
(7) If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as re-established on or about the expiration of the preceding one-year period by using the above bidding procedure.
(8) In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plats by section, stages or phases of development subject to such requirements or guaranties as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
(9) As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and said Board shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed or, if the Board of Supervisors fails to act within said forty-five-day period, the Board shall be deemed to have approved the release of the funds as requested. The Board may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
(10) Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, the Board may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
(11) If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of the Municipal Authority of Westmoreland County and/or the Hempfield Township Municipal Authority separate and distinct from the Township of Hempfield, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.
(12) If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this section, the Township of Hempfield shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following: the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.
K. Violations and penalties. Any person, partnership or corporation who or which being the owner or agent of the owner of any lot, tract or parcel of land lays out, constructs, opens or dedicates any street, drainage system or other improvement for public use or travel or for the common use of occupants of buildings abutting thereon in a subdivision or land development without first having complied with the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, such person, partnership or corporation or members of any partnership or officer of such corporation or the agent of any of them responsible for such a violation shall pay a fine not exceeding $1,000. Nothing in this section shall prevent Hempfield Township from pursuing equitable relief in the form of mandatory injunctions to compel compliance with this section in any appropriate court having jurisdiction over the same.

§ 76-4.1 (Reserved)

Editor's Note: Former § 76-4.1, Split streets, added 12-12-1988 by Ord. No. 88-25, was repealed 7-11-1994 by Ord. No. 94-9.

§ 76-5 Preliminary regulations.

A. Grading; recording deeds. No person, firm or corporation proposing to make or have made a subdivision, within the area of jurisdiction of these regulations, shall proceed with any grading for roads or alleys before obtaining from the Supervisors the approval of the preliminary plat of the proposed subdivision, and no deeds shall be recorded for lots in any subdivision before obtaining from the Supervisors the approval of the final plat of the proposed subdivision.
B. Access; drainage; geology. No land shall be subdivided for residential, commercial, industrial or public use or any other use unless adequate access to the land over adequate streets or thoroughfares exists or will be provided by the subdivider, or if such land is considered by the Supervisors to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography or any other feature harmful to the health and safety of possible residents and the community as a whole. Editor's Note: Former Subsection C, Hardship; small subdivisions, and former Subsection D, Advisory meetings, which immediately followed this subsection, were repealed 7-19-2005 by Ord. No. 2005-8.

§ 76-5.1 Hardships; modifications and exceptions; appeals.

[Added 7-19-2005 by Ord. No. 2005-8]
A. Hardship created by exceptional topographic or other physical conditions.
(1) In any particular case where the developer can show by plan and written statement that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of this chapter would cause practical difficulty or exceptional and undue hardship, the Board of Supervisors may relax such requirements to the extent deemed just and proper, so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public good and without impairing the intent and purpose of this chapter or the desirable general development of the neighborhood and the Township in accordance with the Comprehensive Plan.
(2) Modifications considered by the Board of Supervisors under this section shall relate only to the provisions of this chapter, and all requests for variances of any aspect of Chapter 87, Zoning, including building lines, related to the approval of a plan of subdivision shall remain within the sole jurisdiction of the Zoning Hearing Board.
(3) Any modification granted under this section shall be entered in the minutes of the Board of Supervisors, setting forth the reasons which, in the opinion of the Board of Supervisors, justified the modification. Any resolution of the Board of Supervisors granting approval to such plan of subdivision also shall make reference to the modification granted and the reasons therefor.
B. Modifications to construction specifications for public improvements.
(1) When the developer proposes an alternate and equal or superior specification or method of construction of a required public improvement, the Board of Supervisors, upon the recommendation of the Township Engineer, may approve such alternate specification or method of construction, provided that such modification shall not be contrary to the public health and safety and shall assure the adequacy of the required public improvements.
(2) Any modification thus granted shall be entered in the minutes of the Board of Supervisors, setting forth the recommendation of the Township Engineer and the reasons which, in the opinion of the Board of Supervisors, justified the modification. Any resolution of the Board of Supervisors granting approval to such plan of subdivision also shall make reference to the modification granted and the reasons therefor.
C. Procedure for reviewing requests for modifications and exceptions. The Board of Supervisors shall not act upon a request for a modification or exception to this chapter unless and until all of the following requirements have been met:
(1) The applicant has submitted a request, in writing, at the time of filing of the application for preliminary or final approval, including a statement justifying the request and the required fee.
(2) A recommendation from the Planning Commission has been received or the time allotted for review of a plat by the Planning Commission has expired.
(3) A resolution is adopted at any public meeting granting or denying the requested modification or exception which states the reasons for approval or disapproval.
D. Procedure for appeals. In the event that the Board denies a request for a modification submitted under this section, the landowner shall have such rights of appeal as specified by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended. Editor's Note: See 53 P.S. § 10101 et seq.

§ 76-6 Preliminary plat submission and approval.

[Added 7-19-2005 by Ord. No. 2005-8 Editor's Note: This ordinance also repealed former § 76-6, Application for approval of plats, as last amended 10-27-2003 by Ord. No. 2003-18; former § 76-7, Preliminary plat approval, as last amended 10-27-2003 by Ord. No. 2003-18; former § 76-8, Specifications for final plat, as last amended 10-27-2003 by Ord. No. 2003-18; former § 76-9, Final plat approval, as amended 7-15-2003 by Ord. No. 2003-14; former § 76-9.1, Approval of plan not involving subdivision, added 7-15-2003 by Ord. No. 2003-15; former § 76-9.2, As-built drawings required prior to issuance of occupancy permit, added 7-15-2003 by Ord. No. 2003-15; and former § 76-10, Principles and standards of design, as last amended 7-15-2003 by Ord. No. 2003-14. ]
A. Preapplication conference. Before submission of preliminary application for subdivision approval, the developer may meet with the Code Enforcement Officer, Township Planner (if any) or any other person so designated by the Township to determine the applicable regulations governing subdivision and/or development of the property and the feasibility, suitability and timing of the application. This step is intended so that the developer may obtain information and guidance from the Code Enforcement Officer, Township Planner (if any) or any other person so designated by the Township before entering into binding commitments or incurring substantial expenses for plan preparation.
B. Filing.
(1) The applicant shall submit an application for preliminary approval to the Planning and Zoning Office accompanied by 10 copies of the preliminary plat, at least 10 working days prior to the regular monthly meeting of the Planning Commission.
(2) The Planning and Zoning Office or the Township Planner (if any) shall review the application for completeness and shall present a written report at the Planning Commission's regular monthly meeting regarding the timeliness and completeness of the application. The preliminary plat shall be determined to be complete and properly filed only if it is received within the time period specified above and is found to contain all the information required under § 76-6.1 of this chapter.
(3) At the first regular Planning Commission meeting after submission of the application for preliminary approval, the Planning Commission shall either accept the application as complete and properly filed or return the application to the applicant for resubmission, if the application is incomplete or improperly filed. The acceptance of the application or return of the application by the Planning Commission shall be by motion adopted by the majority of the members present. If the application is returned as incomplete, a copy of the Planning and Zoning Office's report citing the specific requirements of this chapter which have not been met shall be provided to the applicant or his representative. The date of the Planning Commission meeting at which the application for preliminary approval is accepted as complete and properly filed constitutes the official date of filing for the application and represents the beginning of the ninety-day period for review and action by the Township, unless the applicant agrees, in writing, to an extension of time.
C. Distribution of copies of preliminary plat. On the next day following the official date of filing, the Planning and Zoning Office shall transmit copies of the preliminary plat to the governing body, the Westmoreland County Planning Department, the Township Engineer, the Township Solicitor and to such other officials, bodies, companies and/or agencies as the Planning Commission may from time to time designate.
D. Preliminary plat review and approval schedule.
(1) At the next regular meeting of the Planning Commission following the official date of filing, the Township Engineer and any other officials to whom the plat was distributed may deliver written reports with recommendations to the Planning Commission. If no such report has been received at the next regular meeting of the Planning Commission following the official date of filing from the officials or agencies to whom the plat was distributed, the Planning Commission may assume that the plat meets the approval of such officials or agencies.
(2) The Board shall consider the recommendation of the Planning Commission and shall act on the preliminary plat within 90 days after the date of the meeting at which the preliminary plat was considered officially filed pursuant to Subsection B, 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.
E. Planning Commission action. The Planning Commission, after carefully studying the proposed plat, shall recommend to the Board that the preliminary plat be approved, approved with modifications or disapproved. If approval is recommended, the Chairman of the Planning Commission shall affix his signature to the plat. If recommended for approval with modifications, the Planning Commission may indicate such modifications on a copy of the preliminary plat and shall submit, in writing, a description of the desired modifications. If disapproval is recommended, the Planning Commission shall submit, in writing, its reasons for such disapproval.
F. Public hearing. Before acting on any subdivision plat, the Board or Planning Commission may arrange for a public hearing thereon after giving public notice, as defined herein.
G. Board action, The Board shall determine whether the preliminary plat shall be approved, approved with modifications or conditions or disapproved and shall give notice thereof to the applicant. If approved, the Chairman of the Board shall affix his signature to a copy of the plat and attach a notation that it has received approval and return it to the applicant for compliance with the final plat approval requirements. If approved with modifications or disapproved, the Board shall attach to the plat a statement of the reasons for such action and return it to the applicant. The applicant shall be notified, in writing, within 15 days after any decision. If approval is made by lack of action, public notice shall be published. In any event, a notation of the action taken, and reasons therefor, shall be entered into the records of the governing body; and the Planning Commission and Engineer shall be notified in writing of such action.
H. Conditional approval. If the Board determines that certain conditions are warranted to be attached to preliminary approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by Subsection G of this section. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Township Secretary within 30 days of the date of receipt of the notice of conditional approval issued under Subsection G. If the applicant fails to give written notice to the Township regarding acceptance or rejection of the conditions of approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.
I. Duration of approval. Approval of the preliminary plat shall be deemed to have lapsed unless an application for approval of the final plat for at least a part of the tract covered by the preliminary plat is filed within the time period and in accordance with the conditions specified in the Pennsylvania Municipalities Planning Code, as amended.

§ 76-6.1 Preliminary plat form, content and supplementary information.

[Added 7-19-2005 by Ord. No. 2005-8]
A. Form. The preliminary plat shall be clearly and legibly drawn. The plat shall be prepared on one or more sheets uniformly measuring either 18 inches by 24 inches or 24 inches by 36 inches. Plats for subdivisions of 10 acres or less shall be drawn at a scale of one inch equals 50 feet or less. In the event the preliminary plat is more than one sheet, a separate sheet shall be attached showing the overall proposed plan.
B. Coverage. The preliminary plat shall include all the land owned, even though only a portion of the tract is to be initially developed and recorded.
C. Evidence of ownership. The applicant shall submit a copy of the deed for the property, an option agreement or other contract to purchase the property or a lease agreement for the property which includes authority to act on behalf of the landowner as evidence of ownership. If the applicant is not the landowner, the applicant shall submit written authorization from the landowner to act on behalf of the landowner in all matters relating to the application.
D. Content of preliminary plat. The preliminary plat shall consist of the following:
(1) A cover sheet which shall include the following:
(a) A drawing block with:
[1] The proposed name of the subdivision. The name shall not duplicate nor be the same in spelling nor be alike in pronunciation as any other recorded subdivision.
[2] The location by municipality, county and state, including the county-designated tax parcel number.
[3] The names, addresses and phone numbers of the developer(s)/owner(s), the registered professional engineer and/or registered architect and/or registered professional land surveyor.
[4] The name, address, certification and seal of the registered professional land surveyor, registered professional engineer or registered landscape architect who prepared the plat.
[5] The North point, date and graphic scale.
[6] The date the plan was prepared, including all revision dates.
[7] The assigned project number.
[8] The zoning classification of the property.
(b) A vicinity map at a legible scale which shall include:
[1] The identification of the tract proposed for development shown on a current Township road map.
[2] The area within approximately 1/2 square mile of the proposed subdivision.
[3] Indication of the site proposed for development.
(c) An index of all plans and drawings in the plan set.
(2) Boundaries of the subdivision, indicated by heavy line, showing dimensions, bearings and corners and the approximate acreage.
(3) The location, widths and names of all existing or recorded streets and roads touching the subdivision (Unimproved roads shall be shown with dashed lines.); existing utility rights-of-way, parks and public open spaces, easements and permanent buildings within or adjacent to the tract or within such close proximity to the tract as to affect the design of the subdivision and other similar essential features of the tract.
(4) The approximate location of existing sanitary sewers, water mains, storm drains, electric power, transmission structures, gas distribution mains or other underground items within the tracts or immediately adjacent thereto, with directions of flow and pressure indicated.
(5) One-call warning notice, as required by Act 38 of 1991.
(6) The names of abutting subdivisions and owners of contiguous property, together with all boundaries thereof which intersect the boundaries of the subdivision.
(7) Existing contours, at intervals of five feet, where the slope is greater than 10% and at intervals of two feet where the slope is less than 10%. Elevations are to be based on sea level datum. Reference benchmarks used shall be indicated.
(8) The layout of streets, including proposed names and widths of proposed streets, and widths of proposed alleys, crosswalks and easements. Names of streets which are not the continuation of existing streets shall not duplicate nor closely approximate phonetically the names of other streets located in the Township and abutting municipalities.
(9) The proposed layout, numbering, scaled dimensions and exact area of lots in square feet. When lots are located on a curve or when side lot lines are not parallel, the width of the lot at the building line shall be shown.
(10) Parcels of land intended to be dedicated or reserved for public use or to be reserved by covenant for residents inhabiting the subdivision, including the parcel area in square feet.
(11) Approximate final grade of all streets, expressed in percentage form.
(12) A narrative setting forth how the applicant will comply with Chapter 72, Stormwater Management, as amended.
(13) Easements; locations, widths and purposes. In the event a lot is encumbered by an easement or right-of-way, which is not within the minimum setback requirements as established by Chart 2, Development Standards, Part B of the Zoning Ordinance of the Township of Hempfield, the site map and subdivision plat shall conspicuously contain the following notation:
"Notice to all Purchasers: Lot(s) numbered ____ are encumbered by an easement or right-of-way by which may reduce the net buildable area of the lot. Further, additions or new construction on the lot(s) may be limited by the easement or right-of-way."
(14) A narrative setting forth how the application will provide erosion and sedimentation control in compliance with Chapter 102 of the Pennsylvania Code, as now or hereinafter amended.
(15) Identification of flood-prone areas and wetlands.
(16) Building lines.
(17) In case the plat includes only part of the tract owned by the applicant or landowner, the remainder or as much thereof as the Board, based on the recommendation of the Planning Commission, may consider necessary to ensure a satisfactory layout for the portion to be subdivided shall be shown with a future street layout indicated by dashed lines.
(18) A resource protection inventory and natural features plan which shall include the following:
(a) A percentage of existing slopes within the tract and 100 feet immediately adjacent to the parcel proposed for development, shown as a grade percentage and ratio, (example: slope of 25%, 4:1), The areas shown as polygons of all existing slopes from 25% to 40% and existing slopes that exceed 40%.
(b) The areas subject to periodic overflow of flood- or stormwaters.
(c) The areas which have been the subject of commercial forestry operations within the last five-year period.
(d) A plan for mitigation and minimization of the disturbance to the natural resources on the site and providing detail of any required or proposed vegetation for the site.
(19) Subsurface conditions of the tract, including information regarding past mining activity and future possibility of mine activity. If there are any seams of mineable material within 300 feet of the surface, the subdivider may be required to show proof that he owns rights of support.
(20) Existing plotting of adjacent land within 500 feet of the proposed subdivision and other conditions on the adjacent land, including approximate direction and gradient of ground slope, including embankments or retaining walls and character and location of buildings, railroads, power lines, gas lines, towers and other nearby nonresidential land uses or adverse influences; and owners of adjacent land.
(21) Proposed addresses for each lot, which addresses shall be obtained from the Township of Hempfield.
(22) Proposed location of the driveways which are to service each lot.
E. Supplementary information. The following supplementary information shall be included:
(1) A detailed environmental impact statement, required for all subdivisions and land developments except for minor subdivisions, as defined herein, when the minor subdivision is proposed for single-family dwellings only. The environmental impact statement shall address the following:
(a) A statement of the proposed use of the property, the proposed intensity of development and its impact on municipal services and facilities.
(b) A statement of the impact of the proposed development on adjoining properties in terms of compatibility of land use, visual impact, character of the neighborhood and future development potential.
(c) Identification of environmental features on the site which should be preserved or which present development constraints on the site, including but not limited to topography, streams, wetlands, slide-prone soils, undermined areas, significant vegetation and similar features.
(d) Traffic report.
[1] A report showing the traffic impact of the proposed development on adjacent streets which details the nature and extent of the trip generation expected from the proposed development based on the ratios contained in the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.
[2] For all plans which propose 50 or more dwelling units or 50,000 or more total square feet of gross floor area of a building or buildings, the traffic report shall be prepared by a qualified traffic engineer based on the ratios and methodology contained in the current edition of the Manuals of the Institute of Transportation Engineers (ITE). The report shall include current and projected volumes and levels of service for all streets and intersections within 2,000 feet of the site of the proposed development and shall address any recommendation for improvements to streets and/or traffic control devices within the site or immediately adjacent to the site.
(2) Proposed covenants and restrictions, if any.
(3) Evidence of a source of water supply and an indication of the adequacy of the pressure and volume of the water supply for the intended use.
(a) If water is to be provided from a source other than private wells owned and maintained by individual owners of lots, evidence shall be submitted that the subdivision or land development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners or a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
(b) In cases where it is determined that a public water system is not within a reasonable distance of the proposed subdivision or that the extension of an existing system to the proposed subdivision is not feasible, the applicant shall supply acceptable evidence of the availability of other water resources. The applicant may be required to make one or more test wells in the area to be platted if such evidence is deemed not acceptable.
(c) Copies of well logs which are obtained shall include the name and address of the well driller and shall be submitted with the plat to the Commission.
(d) If a private on-lot well is proposed as the source of water supply, a notation shall be placed on the plat identifying the lots which are served by private on-lot wells.
(4) Statement outlining the method to be used and provisions to be made for drainage and flood control in compliance with Chapter 49, Flood Damage Prevention, as amended.
(5) A report on sewage, to be prepared by a registered professional engineer and/or registered professional land surveyor including the following:
(a) A report on the feasibility of connecting to an existing sewerage system shall be made. This study shall include the distance from the nearest public sewer, and the capacity of the existing system intended to handle the additional sewage load. This study shall include conveyance and treatment capacities by way of a full routing study from the proposed point of origin to termination at the treatment facility. An exception to the requirement for the routing study shall be made for those plans which meet the requirements of the Pennsylvania Department of Environmental Protection (DEP) for filing Form 3.z, Sewage Collection and Treatment Facilities for Minor Subdivisions, for projects of 10 acres or less which propose connection to municipal collection, conveyance and treatment facilities that are in compliance with Chapter 94 of the Pennsylvania Code, Municipal Waste Management Regulations. If connection to an existing sewerage system is feasible, the applicant shall submit, through the Township, the necessary planning modules for the proposed subdivision or land development to the Pennsylvania Department of Environmental Protection; or
(b) If connection to an existing sewerage system is not deemed to be feasible, the feasibility of constructing a separate sewerage system and treatment works shall be investigated. This study shall give the location of the treatment works, receiving stream, type of plant, degree of treatment and design population.
(c) In all events, the applicant shall provide to the Township all appropriate planning modules as required by the Pennsylvania Department of Environmental Protection rules and regulations. The applicant shall further assure to the Township that the applicant has complied with all requirements of Chapters 71, 72 and 73 of Title 25 of the Pennsylvania Code, as amended.
(6) If a request for a zoning change is contemplated by the applicant, the proposed change should be outlined.
(7) The application filing fee and the review fees as required by § 76-9.2 of this chapter.
F. Streets.
[Added 4-11-2006 by Ord. No. 2006-1]
(1) The street and alley layout shall conform to any plans made by the Township for the development of the neighborhood in which the proposed subdivision is located and to the Township's Master Plan. Where streets cross streets, offsets shall be created.
(2) Where appropriate, proposed streets shall be extended to the boundary line of the tract being subdivided so as to provide for normal circulation of traffic within the vicinity, but minor streets shall be so planned as to discourage though traffic.
(3) Wherever there exists a dedicated or platted portion of a street or alley along a boundary of the tract being subdivided, the remainder of said street or alley to the prescribed width shall be platted within the proposed subdivision. Dedication of half streets will not be approved except where it is essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations or where it becomes necessary to acquire the remaining half by condemnation so it may be approved in the public interest.
(4) Culs-de-sac shall normally not be longer than 600 feet, including a turnaround which shall be provided at the closed end with an outside curb radius of at least 40 feet and a right-of-way radius of not less than 50 feet.
(5) Alleys shall not be provided in residential districts but shall be included in commercial and industrial areas where needed for loading and unloading or access purposes.
(6) The minimum distance between centerlines of parallel or approximately parallel streets intersecting a cross streets from opposite directions shall be 120 feet.
(7) Intersections of more than two streets at one point shall be avoided.
(8) Dead-end streets shall be prohibited unless provided with a turnaround or cul-de-sac arrangement.
(9) When a tract is subdivided into building lots larger than required and there is no covenant preventing resubdivison of the lots, such lots or parcels shall be so arranged as to permit a logical location and opening of future streets and resubdividing with provision for adequate utility connections for each resubdivision.
(10) Right-of-way requirements may be increased for specific thoroughfares if existing or anticipated traffic flow warrants it or if drainage easements parallel such thoroughfares. Such increased width will be set by the Township Supervisors under the advisement of the Planning Commission and Municipal Engineer.
(11) Minimum right-of-way widths, paving widths, angles of intersection, distances along sides of sight triangles, sidewalks required, horizontal alignments, vertical alignments, as well as maximum and minimum grades are presented in Chart A, Table of Design Standards. Editor's Note: Chart A is included at the end of this chapter.
G. Lots.
[Added 4-11-2006 by Ord. No. 2006-1]
(1) Every lot shall be provided with access adequate for the use of public safety vehicles and other public and private purposes and shall be served by a public or private street system, improved in accordance with this chapter and connected to the general street system.
(2) Side lines of lots shall be approximately at right angles to straight streets and on radial lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots shall be avoided unless it is clearly evident that such variation shall improve the overall neighborhood design.
(3) Double-frontage lots shall be avoided.
(4) Minimum lot width and lot area. Within the area of jurisdiction of these regulations, the following minimum lot widths shall apply:
(a) In all R-1, R-1A, R-1B, R-1C, R-2, R-2A, R-3, R-4, R-5 and A-1 Zoned Districts in Hempfield Township, zoned pursuant to the Hempfield Township Zoning Ordinance, Chapter 87 of the Code of Hempfield Township, all lots shall enjoy and shall have, and shall in no case have less than, 50 feet of frontage along the public or private road or street system that abuts said property.
(b) The width of any lot at the building setback line shall be as prescribed in the Hempfield Township Zoning Ordinance, Chapter 87 of the Code of the Township of Hempfield, Chart 2, Part A and Part C. Editor's Note: Chart 2 is included at the end of this chapter.

§ 76-7 Final plat submission and approval.

[Added 7-19-2005 by Ord. No. 2005-8]
A. General. The final plat shall have incorporated all changes or modifications required by the governing body, otherwise it shall conform to the preliminary plat, and it may constitute only that portion of the preliminary plat which the applicant proposes to record and develop at the time, provided that such portion conforms with all the requirements of these regulations. The final plat shall be prepared in accordance with the requirements set forth in §§ 76-4 and 76-11 of this chapter.
B. Preparation. The final plat shall be prepared by a registered professional land surveyor or registered professional engineer who shall not be the Engineer or an associate of the Engineer.
C. Filing.
(1) The final plat shall be submitted after the date of approval of the preliminary plat within the time period and under the conditions specified by the Pennsylvania Municipalities Planning Code, as amended.
(2) The applicant shall submit an application for final approval to the Planning and Zoning Office, accompanied by the original and 10 copies of the final plat, properly signed by the owner or owners and notarized at least 10 working days prior to the regular monthly meeting of the Commission.
(3) The Planning and Zoning Office or the Township Planner (if any) shall review the application for completeness and shall present a written report at the Planning Commission's regular monthly meeting regarding the timeliness and completeness of the application. The final plat shall be determined to be complete and properly filed only when it is received within the time period specified above and is found to contain all the information required under §§ 76-4 and 76-11 of this chapter.
(4) At the first regular Planning Commission meeting after submission of the application for final approval, the Planning Commission shall either accept the application as complete and properly filed or return the application to the applicant for resubmission if the application is incomplete or improperly filed. The acceptance of the application or return of the application by the Planning Commission shall be by motion adopted by the majority of the members present. If the application is returned as incomplete, a copy of the Planning and Zoning Office's report, citing the specific requirements of this chapter which have not been met, shall be provided to the applicant or his representative. The date of the Planning Commission meeting at which the application for final approval is accepted as complete and properly filed constitutes the official date of filing for the application and represents the beginning of the ninety-day period for review and action by the Township, unless the applicant agrees, in writing, to an extension of time.
D. Distribution. On the next day following the official date of filing, the Planning and Zoning Office shall transmit copies of the final plat to the governing body, the County Planning Commission, the Township Engineer, the Township Solicitor and such other officials, bodies, companies and/or agencies as the Planning Commission may from time to time designate.
E. Final plat review and approval schedule.
(1) At the next regular meeting of the Planning Commission following the official date of filing, the Township Engineer and any other officials and agencies to whom the plat was distributed may deliver written reports with recommendations to the Planning Commission. If no such report has been received at the next regular meeting of the Planning Commission following the official date of filing from any individual or agency to whom the plat was distributed, the Commission may assume that the plat meets with the approval of such an individual or agency.
(2) The Board shall consider the recommendations of the Commission and act on the final plat within 90 days after the date of the meeting at which the final plat was considered officially filed pursuant to Subsection C(4) of this section, 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.
F. Planning Commission action. The Commission shall recommend to the Board that the final plat be approved, approved with conditions or disapproved. If approval is recommended, the Chairman of the Commission shall affix his signature to the plat. If disapproval is recommended, the Commission shall submit to the Board, in writing, its reasons for such disapproval.
G. Public hearing. Before acting on any subdivision plat, the Board or Planning Commission may arrange for a public hearing thereon, after giving public notice, as defined herein.
H. Board action.
(1) The Board shall approve, approve with conditions or disapprove the final plat and shall give notice to the applicant in the following manner:
(a) If approved, the Chairman of the Board shall affix his signature to the original tracing of the final plat and attach thereto a notation that it has received final approval and return it to the applicant for compliance with the recording requirements.
(b) If approved with conditions, the Board shall adopt a resolution containing a list of the conditions and shall provide a copy of the resolution to the applicant. The Board members shall not affix their signatures on the final plat unless all conditions are met or a development agreement containing the conditions has been executed between the applicant and the Township and surety has been posted by the applicant to guarantee performance,
(c) If disapproved, the Board shall attach to the original tracing of the final plat a statement of the reasons for such action and return it to the applicant.
(2) In any event, a notation of the action taken and the reasons therefor shall be entered into the records of the Board and shall be mailed or communicated within five days. Notice shall be published in a newspaper of general circulation in the Township.

§ 76-7.1 Final plat form, content and supplementary information.

[Added 7-19-2005 by Ord. No. 2005-8]
A. Form.
(1) The final plat shall be neatly drawn on Mylar, linen or high-grade vellum, using permanent black opaque ink. The plat shall be prepared on one or more uniform sheets measuring 18 inches by 24 inches, unless another size is approved after consultation with the office of the Westmoreland County Recorder of Deeds. Its scale shall be one inch equals 50 feet or less.
(2) Plans shall contain original seals (notary, Township Planning Commission, Board of Supervisors, Westmoreland County and professional seals). Plans shall contain original signatures signed in permanent black opaque ink. Plans which are not legible because of heavy background grain or smudged ink shall be rejected.
(3) Black-line paper prints of the plat shall be presented to the Commission from time to time, as suggested by the Commission. After recording, four photostats of the recorded plat shall be provided by the applicant.
B. Content of final plat. The final plat shall consist of the following:
(1) The name of the landowner; the name of the applicant, if not the landowner; the location by municipality, county and state; and the date, North point and graphic scale.
(2) The names and addresses of the applicant and the registered professional land surveyor or registered professional engineer who prepared the plan.
(3) The boundary of the subdivision, shown in a heavy line, with length of courses in feet and hundredths and bearings to not more than half-minutes.
(4) Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments, which shall be accurately described on the plat. Subdivisions abutting state highways shall be referenced to center lines of such highways where this data is available.
(5) Exact locations, widths and names of all streets and all crosswalks within the subdivision.
(6) Complete curve data for all curves included in the plat.
(7) All easements being provided for services or utilities in the subdivision and any limitations placed on the use of such easements.
(8) Accurate outlines of any lot or areas to be reserved or dedicated for common use by residents of the subdivision or for general public use with the purpose indicated thereon.
(9) Front building lines and lot width at the building line, shown graphically with dimensions.
(10) Block and lot numbers and lines, with accurate bearings and dimensions thereof, including lengths of arcs and radii and including the bearings and dimensions of ties to adjacent blocks or property.
(11) The accurate location, size, type and material of all monuments and lot markers.
(12) The property lines of the original tract or tracts of which the subdivision constitutes the whole or part.
(13) If applicable, a notation on the plat that access to a state highway shall only be authorized by a highway occupancy permit issued by the Pennsylvania Department of Transportation under Section 420 of the State Highway Law (Act of June 1, 1945, P.L. 1242, No. 428).
(14) All of the information required by § 76-6.1D of the Code of the Township of Hempfield.
(15) Easements; locations, widths and purposes. In the event a lot is encumbered by an easement or right-of-way which is not within the minimum setback requirements as established by Chart 2, Development Standards, of the Zoning Code of the Township of Hempfield, the site map and subdivision plan shall conspicuously contain the following notation:
Notice to all Purchasers: Lot(s) Numbered ____ are encumbered by an easement or right-of-way which may reduce the net buildable area of the lot. Further, additions or new construction on the lot(s) may be limited by the easement or right-of-way.
(16) Final street addresses for each lot with reference to each lot number. The street addresses shall be obtained from the Township.
(17) Location of each lot's driveway.
(18) Streets.
[Added 4-11-2006 by Ord. No. 2006-1]
(a) The street and alley layout shall conform to any plans made by the Township for the development of the neighborhood in which the proposed subdivision is located and to the Township's Master Plan. Where streets cross streets, offsets shall be created.
(b) Where appropriate, proposed streets shall be extended to the boundary line of the tract being subdivided so as to provide for normal circulation of traffic within the vicinity, but minor streets shall be so planned as to discourage though traffic.
(c) Wherever there exists a dedicated or platted portion of a street or alley along a boundary of the tract being subdivided, the remainder of said street or alley to the prescribed width shall be platted within the proposed subdivision. Dedication of half streets will not be approved except where it is essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations or where it becomes necessary to acquire the remaining half by condemnation so it may be approved in the public interest.
(d) Culs-de-sac shall normally not be longer than 600 feet, including a turnaround which shall be provided at the closed end with an outside curb radius of at least 40 feet and a right-of-way radius of not less than 50 feet.
(e) Alleys shall not be provided in residential districts but shall be included in commercial and industrial areas where needed for loading and unloading or access purposes.
(f) The minimum distance between centerlines of parallel or approximately parallel streets intersecting a cross streets from opposite directions shall be 120 feet.
(g) Intersections of more than two streets at one point shall be avoided.
(h) Dead-end streets shall be prohibited unless provided with a turnaround or cul-de-sac arrangement.
(i) When a tract is subdivided into building lots larger than required and there is no covenant preventing resubdivision of the lots, such lots or parcels shall be so arranged as to permit a logical location and opening of future streets and resubdividing with provision for adequate utility connections for each resubdivision.
(j) Right-of-way requirements may be increased for specific thoroughfares if existing or anticipated traffic flow warrants it or if drainage easements parallel such thoroughfares. Such increased width will be set by the Township Supervisors under the advisement of the Planning Commission and Municipal Engineer.
(k) Minimum right-of-way widths, paving widths, angles of intersection, distances along sides of sight triangles, sidewalks required, horizontal alignments, vertical alignments, as well as maximum and minimum grades are presented in Chart A, Table of Design Standards. Editor's Note: Chart A is included at the end of this chapter.
(19) Lots.
[Added 4-11-2006 by Ord. No. 2006-1]
(a) Every lot shall be provided with access adequate for the use of public safety vehicles and other public and private purposes and shall be served by a public or private street system, improved in accordance with this chapter and connected to the general street system.
(b) Side lines of lots shall be approximately at right angles to straight streets and on radial lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots shall be avoided unless it is clearly evident that such variation shall improve the overall neighborhood design.
(c) Double-frontage lots shall be avoided.
(d) Minimum lot width and lot area. Within the area of jurisdiction of these regulations, the following minimum lot widths shall apply:
[1] In all R-1, R-1A, R-1B, R-1C, R-2, R-2A, R-3, R-4, R-5 and A-1 Zoned Districts in Hempfield Township, zoned pursuant to the Hempfield Township Zoning Ordinance, Chapter 87 of the Code of Hempfield Township, all lots shall enjoy and shall have, and shall in no case have less than, 50 feet of frontage along the public or private road or street system that abuts said property.
[2] The width of any lot at the building setback line shall be as prescribed in the Hempfield Township Zoning Ordinance, Chapter 87 of the Code of the Township of Hempfield, Chart 2, Part A and Part C. Editor's Note: Chart 2 is included at the end of this chapter.
C. Supplementary information. The following supplementary information shall be included:
(1) A list of all restrictions and covenants, if any, that the developer intends to place in the deeds to the lots in the subdivision. If no such restrictions or covenants are to be imposed, a statement to that effect shall be included.
(2) If a zoning change is involved, certification from the Township Secretary shall be required, indicating that the change has been approved and is in effect. If a variance or special exception has been obtained from the Township Zoning Hearing Board, the plat shall have noted thereon the date and number of the decision granting said variance or special exception.
(3) Certification by a registered professional land surveyor or registered professional engineer to the effect that the plat represents a survey made by him and that all monuments shown thereon actually exist and that their location is correctly shown.
(4) An acknowledgment by the owner or owners of his or their adoption of the plat and dedication of streets and other public areas.
(5) The final plat shall contain a certificate, signed by the registered professional engineer or registered professional land surveyor showing that all improvements have either been installed and approved by the proper officials or agencies or that a bond insuring their installation has been approved by the Engineer.
(6) Complete final construction plans, profiles and typical cross sections for all installed or proposed new streets.
(7) Complete final construction plans and profiles of installed or proposed public sanitary sewage disposal systems and storm drains, with grades and pipe sizes, unless private septic tanks are to be used.
(8) Complete final construction plans of installed or proposed public water distribution systems, showing pipe sizes and locations of valves and fire hydrants, if any, unless private wells are to be used.
(9) In cases where a bond is to be provided in lieu of completed improvements, the developer shall be required to submit an itemized estimate of the cost of all improvements required to be installed.
(10) Evidence, in the form required by the Commission, of arrangements that have been made with private utility companies or other agencies for supplying every lot in the subdivision with gas, electricity, water and sewage disposal. If water is to be provided from a source other than private wells owned and maintained by individual owners of lots, evidence shall be submitted that the subdivision or land development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners or a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
(11) Any and all permits or waivers that may be required by the Pennsylvania Department of Environmental Protection pursuant to the Sewage Facilities Act Editor's Note: See 35 P.S. § 750.1 et seq. of the Commonwealth of Pennsylvania and the rules and regulations of the Pennsylvania Department of Environmental Protection, which permits and waivers shall be a precondition to the granting of final approval of the subdivision or land development plan.
(12) The application filing fee and review fees as required by § 76-9.2 of this chapter.
D. Final approval without completion guaranty.
(1) In the event that the applicant wishes to construct public improvements in the plan without posting a completion guaranty, as provided for by the Pennsylvania Municipalities Planning Code, the applicant shall submit all information required for final approval, including a final plat, construction drawings for the public improvements, the required Pennsylvania Department of Environmental Protection planning module, all other applicable permits from county, state or federal agencies, all application filing and review fees and inspection fees.
(2) Final approval by the Board shall be by resolution, which shall be conditioned upon completion, inspection and acceptance of all public improvements and posting of the required maintenance bond prior to the proper officers of the Township affixing their signatures to the final plat for recording purposes. The applicant shall follow the same procedure for notification of commencement and completion of construction and inspection and acceptance of public improvements as applicants who post a completion guaranty.
E. Conditional approval. If the Board determines that certain conditions are warranted to be attached to final approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by § 76-7H of this chapter. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Zoning Ordinance Officer or by executing the development agreement required by § 76-10 of this chapter within 30 days of the date of receipt of the notice of conditional approval issued under § 76-7H. If the applicant fails to give written notice to the Township regarding acceptance or rejection of the conditions of approval or to execute the development agreement within the required 30 days, final approval shall automatically be rescinded, without written notice to the applicant.
F. Resolution indicating approval. When requested by the developer in order to facilitate financing or when otherwise required by this chapter, the Board shall furnish the developer with a signed copy of a resolution indicating approval of the final plat, contingent upon the developer obtaining financial security or completing the required public improvements. For plans where the developer proposes to construct public improvements without posting a completion guaranty, the resolution shall not expire until final inspection of the improvements and approval of the final plat for recording. For all plans where a completion guaranty is to be posted, the final plat shall not be signed nor recorded until the completion guaranty and development agreement are executed, and the resolution shall expire and shall be deemed to be revoked if the completion guaranty and development agreement are not executed within 90 days, unless a written extension is granted by the Board. Such extension shall not be unreasonably withheld and shall be placed, in writing, at the request of the developer.

§ 76-8 Minor subdivisions.

[Added 7-19-2005 by Ord. No. 2005-8]
A. The application requirements of §§ 76-6.1 and 76-7.1 shall be waived for minor subdivisions, as defined by this chapter, and in lieu thereof the following information shall be required:
(1) The proposed plat shall be drawn at a scale of 100 feet to the inch or greater.
(2) The proposed plat shall be legibly drawn on linen or comparable permanent material of the size 18 inches by 24 inches or 24 inches by 36 inches.
(3) The plat shall show or be accompanied by the following:
(a) A description of covenants, if any.
(b) Title to include:
[1] The location by municipality, county and state, including the county-designated tax parcel number.
[2] The names and addresses of the owner or owners.
[3] The name of the registered professional engineer or registered professional land surveyor who surveyed the property and/or prepared the plat.
[4] The North point, date and graphic scale.
[5] A vicinity sketch at a legible scale to show the relationship of the subdivision or land development to its general surroundings.
(c) Proposed use of the land shall be shown on the application.
(d) Lot lines, dimensions and land area of proposed lots; also, the area remaining in the original parcel.
(e) Existing and proposed streets, alleys and/or easements on or adjacent to the tract.
(f) Public utilities capable of servicing all lots in the plan (if public sewers and water, sources and sewage disposal systems should be indicated).
(g) A statement by the owner dedicating streets and rights-of-way for public use,
(h) The names of abutting property owners.
(i) The following additional data shall be submitted upon request by the Planning Commission or the Board:
[1] Subsurface and drainage conditions of the tract and provisions for stormwater management in compliance with Chapter 72, Stormwater Management, as amended.
[2] Any other data pertinent to the plat.
(j) Any adjacent land under option by the applicant must be illustrated on the plat.
(k) The application filing fee and review fees as required by § 76-9.2 of this chapter.
(l) The zoning district classification at the time of application approval shall be shown on the plat.
(m) Front building lines and lot width at the building line, shown graphically with dimensions on the final plat.
(n) Evidence of compliance with the Pennsylvania Sewage Facilities Act. Editor's Note: See 35 P.S. § 750.1 et seq.
(o) If applicable, a notation on the plat that access to a state highway shall only be authorized by a highway occupancy permit issued by the Pennsylvania Department of Transportation under Section 420 of the State Highway Law (Act of June 1, 1945, P.L. 1242, No. 428 Editor's Note: See 36 P.S. § 670-420. ).
(p) Easements for utilities and limitations on such easements. In the event a lot is encumbered by an easement or right-of-way which is not within the minimum setback requirements as established by Chart 2, Development Standards, of the Zoning Code of the Township of Hempfield, the site map and subdivision plan shall conspicuously contain the following notation:
Notice to all Purchasers: Lot(s) Numbered ____ are encumbered by an easement or right-of-way which may reduce the net buildable area of the lot. Further, additions or new construction on the lot(s) may be limited by the easement or right-of-way.
(q) Final street addresses for each lot with reference to each lot number. The street addresses shall be obtained from the Township.
B. Preliminary and final plat approval shall be combined for minor subdivisions, as defined by this chapter, and the procedure for the combined approval shall follow the requirements specified in § 76-7 governing final plat approval and recording of final plat.

§ 76-8.1 Minor subdivisions involving side or rear lot line adjustments.

[Added 7-19-2005 by Ord. No. 2005-8]
A minor subdivision which involves only the adjustment of side or rear lot lines for existing lots may be transmitted to the Township Board for approval, without Planning Commission approval subject to the following conditions:
A. The plat contains a statement that the intent of the subdivision is to create a single zoning lot by merger and consolidation and not a buildable lot of record; and
B. The owner(s) of the lot which is being increased in size executes the plat; and
C. The remaining lot which is being subdivided does not violate the area, width or side yard provisions of Chapter 87 (Zoning).

§ 76-9 Application for approval of plan not involving subdivision, including land development as defined by this chapter.

[Added 7-19-2005 by Ord. No. 2005-8; amended 4-11-2006 by Ord. No. 2006-3]
A. The application procedure established and as set forth in § 76-7 shall apply.
B. The application shall be accompanied by the filing fee and review fees as required by § 76-9.2 of this chapter.
C. The application shall provide the information required by §§ 76-6.1 and 76-7.1 of the Code of the Township of Hempfield.

§ 76-9.1 As-built drawing required prior to issuance of occupancy permit.

[Added 7-19-2005 by Ord. No. 2005-8]
Upon the completion of a land development, the subdivider shall, prior to the issuance of an occupancy permit, submit an as-built drawing prepared and certified by a registered professional engineer, registered professional surveyor or registered architect indicating that the said plat has been completed in accordance with the plan as previously approved. The applicant shall also submit to the Township as-built drawings submitted to the Township in the AutoCAD format in the State Plane Coordinate System using North American Datum 1983 in U.S. Feet. In the event the applicant is unable to provide the information as required herein, in AutoCAD format, the applicant shall pay the costs that the Township may incur in obtaining the aforesaid information in AutoCAD format.

§ 76-9.2 Fees.

[Added 7-19-2005 by Ord. No. 2005-8]
A. Application filing fee. At the time of submitting a preliminary or final plan, the applicant shall pay an application filing fee, and the amount shall be determined by a schedule adopted from time to time by resolution of the Board. The application filing fee shall cover the costs associated with processing an application for approval of subdivision or land development. The filing fee shall be paid in legal tender or by check or money order made payable to the Township and shall be deposited at the time an application is submitted with the Treasurer for transfer to the general fund.
B. Application review fees. Application review fees shall include reasonable and necessary charges by the Township's professional consultants or the Township Engineer for review and report on the application to the Township. Such review fees shall be based upon a schedule established from time to time by resolution of the Board. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer or other consultants for similar service in the community, but in no event shall fees exceed the rate or cost charged by the Township Engineer or other consultants to the Township when fees are not reimbursed or otherwise imposed on applicants.
(1) In the event that the applicant disputes the amount of any such review fees, the procedure set forth in Section 510 (g)(1.1),(2),(3),(4) and (5) of the Pennsylvania Municipalities Planning Code shall be the method of resolving the dispute.

§ 76-10 Development agreement; recording of final plat.

[Added 7-19-2005 by Ord. No. 2005-8]
A. As a condition of granting final approval of a subdivision or land development that requires positing of a completion guaranty or to which conditions are attached to the grant of final approval, the Board shall require that the developer execute a development agreement with the Township, in a form acceptable to the Township Solicitor, containing any conditions attached to the approval of the plan and provisions that are reasonably required to guarantee the proper installation of public and private improvements related to the subdivision and/or land development and provisions necessary to indemnify the Township in connection therewith.
B. Said agreement shall be executed, the required completion guaranty shall be posted and all required fees shall be paid before the Township Secretary shall affix his or her signature and the Township Seal to the final plat for recording purposes.
C. The approved final plat shall be recorded in the Office of the Recorder of Deeds of Westmoreland County within 90 clays after its approval by the governing body, otherwise it shall be considered void. In the event conditional approval has been granted to the final plat, the final plat shall be recorded 90 days from the date the same is signed by the authorized representatives of the Township.
D. The Township shall record the approved plat at the Office of the Recorder of Deeds of Westmoreland County following payment by the applicant of an escrow deposit in an amount established from time to time by resolution of the Board of Supervisors to cover the costs of recording.
E. Immediately following recording of the final plat, the applicant shall have four photostatic copies of the recorded plat prepared at his own expense and shall deliver the copies to the Planning and Zoning Office for filing with the Board and the Engineer. The applicant shall also submit to the Township the recorded plan in the AutoCAD format in the State Plane Coordinate System using North American Datum 1983 in U.S. Feet. In the event the applicant is unable to provide the information as required herein, in AutoCAD format, the applicant shall pay the costs that the Township may incur in obtaining the aforesaid information in AutoCAD format.

§ 76-10.1 AutoCAD format; release of financial security.

[Added 7-19-2005 by Ord. No. 2005-8]
A. In the event the applicant was required to post financial security pursuant to the terms of this chapter, said financial security shall not be released until the applicant has provided to the Township the recorded plan and as-built drawings submitted to the Township in the AutoCAD format in the State Plane Coordinate System using North American Datum 1983 in U.S. Feet. In the event the applicant is unable to provide the information as required herein, in AutoCAD format, the applicant shall pay the costs that the Township may incur in obtaining the aforesaid information in AutoCAD format.
B. In the event that the plat is a minor subdivision, the applicant shall, prior to final approval, deposit with the Township the sum of $200 to guarantee that the recorded plan will be submitted to the Township in the aforesaid AutoCAD format. Upon delivery to the Township of the recorded plan in AutoCAD format in the State Plane Coordinate System using North American Datum 1983 in U.S. Feet, the sum, so deposited, shall be returned to the applicant. In the event the applicant does not submit the recorded plan in the aforesaid AutoCAD format, the Township shall have the same transferred to AutoCAD format and shall deduct from the deposit as set forth above the cost of said service. If an additional sum of money is required, the applicant shall pay the same to the Township. In the event that the cost does not exceed $200, the Township shall refund any excess amount to the applicant.
C. The fees set forth in Subsection B above shall be established by the Board of Supervisors pursuant to a duly adopted resolution.

§ 76-10.2 Principles and standards of design.

[Added 2-20-2007 by Ord. No. 2007-3]
A. Public sites and open spaces.
(1) The Township of Hempfield shall require the public dedication of land suitable for parks, playgrounds or other recreational use (hereinafter also collectively referred to as "recreational use area") and for open space or green area (hereinafter also collectively referred to as "green area"); and upon agreement with the applicant or developer, the construction of recreational facilities, the payment of fees in lieu thereof, the private reservation of the land or a combination for park, recreation and open space or green area purposes. Such dedications and/or agreements are to serve the future population of the municipality and to protect sensitive areas such as steep slopes, floodplains or special scenic areas. All such requirements shall conform to the authority conferred in the Pennsylvania Municipalities Planning Code (53 P.S. § 10101 et seq.), and constitute a condition precedent to preliminary or final plan approval. The applicant and developer shall hereinafter collectively be referred to as either "applicant" or "developer."
(2) All developers of residential subdivisions or residential site developments shall give due consideration to the provision of sites for recreational use and green areas. An applicant for preliminary plat approval on a multiphase plan or single-phase final plan approval of a residential site development or subdivision shall dedicate to the municipality for public use a portion of such site as a recreational use area and also an additional portion to remain in its natural state as open space or green area. The total amount of land to be deeded to the municipality or maintained by a homeowners' association shall be equivalent to 5% of the total site area, at the minimum.
(3) Commencing upon the effective date of this section, a minimum of .028 acre of contiguous land shall be dedicated for each dwelling unit in a residential site development or each lot in a residential subdivision for recreational use and in conformity to the site criteria set forth in § 73-10B for each dwelling. In either case, if the recreational use land area is less than 5% of the total site area, the developer shall dedicate such additional land as is necessary to satisfy the 5% minimum area requirement. The additional land to be set aside shall be in a natural state as open space or green area, or may be included as a part of the recreational use area upon mutual agreement of the Board of Supervisors of the Township of Hempfield and the developer. The Board of Supervisors of the Township of Hempfield may waive the requirement for additional green area if, in the judgment of the Board of Supervisors of the Township of Hempfield, the location or size of said land is unusable or undesirable for such purpose.
(4) Commencing on the effective date of this section and for the year 2007, upon a developer's request, the Board of Supervisors of the Township of Hempfield may, at its sole election and discretion, permit the developer to satisfy the recreational use and open space/green area public dedication requirements prescribed in this section upon payment to the Township of Hempfield of the sum of $726 for each dwelling unit. Thereafter, the sum of money which may be offered by the developer to satisfy the recreational use in open space/green area public dedication requirements prescribed in this section shall be in accordance with Schedule A attached hereto, made a part hereof, and incorporated herein by reference as if the same were more fully set forth herein. Editor's Note: Schedule A is included in this chapter as § 76-10.2G. Payment and administration of such fund shall be in accordance with § 76-10C and D.
B. Criteria for site selection of land for recreational use.
(1) The land proposed for parks, playgrounds or other recreational use shall be accessible to the residents of the development. In the case of land deeded to the municipality, at least one side of the proposed site shall abut a public street and shall have a width not less than the average lot width in the Plan of Lots but in all cases shall not be less than 50 feet in width. In the case of land maintained by a homeowners' association, the said land shall abut on either a public or private street and shall have a minimum width of 50 feet.
(2) The land to be dedicated, at least 50% of such land must be zero percent; no more than 25% shall be 9% to 16% slope, and not more than 25% of the land shall be in excess of 16% slope. All grading is to be performed by the developer. The areas to be prepared for active recreation use, must have a finished grade of not more than 5%. The shape shall be suitable for the proposed use considering the size of the property, the proximity of the development to other park facilities and the recommendations contained in the Hempfield Comprehensive Recreation, Park and Open Space Plan for the Township of Hempfield, as amended, and as supplemented by the list of needed improvements developed by the Hempfield Township Parks and Recreation Commission.
(3) Each park, tot lot, or other form proposed for the mandatory open space shall be provided with modem recreational equipment at the expense of the developer. The precise type and nature of recreational equipment provided and installed shall be proposed, in writing, by the developer at the time of the submission of the preliminary plan, subject to review and approval by the Hempfield Township Board of Supervisors. Any and all recreational equipment installed shall meet all current safety guidelines.
(4) If public water and/or sewer lines are to be provided as a part of the subdivision or development, the land proposed for parks, playgrounds or other recreational use must have access to those lines.
(5) Land intended to be used for parks shall not be burdened with an undue number of restrictions such as mining conditions, overhead or underground utilities, stormwater management facilities, wetlands, etc., that would interfere with the proposed use of the property.
(6) On-site parking shall not be required provided that the open space is within a radius of 1/4 mile of 75% of the lots to be served. Otherwise, one space shall be required for each dwelling unit to be served by said dedicated open space.
(7) No exposed surfaces are permitted, except for a softball/baseball field. All unused areas shall be planted and maintained in grass, crown vetch, or other typical ground cover. Flowers are encouraged. Shade trees are mandatory and shall be subject to a specific tree planting plan, varying with the size and other site characteristics.
(8) For phased plans, all land to be set aside shall be situated in the first phase, unless otherwise approved by the Board of Supervisors of the Township of Hempfield. Delivery of the deed describing the land proposed for dedication to the municipality shall be completed prior to plan recordation.
C. Fee in lieu of required recreational land.
(1) If land offered to meet the criteria of sites for parks, playgrounds, or other recreational use is too small to be usable, as noted in recommendations of the Hempfield Township Parks and Recreation Commission and/or the Planning Commission, or if the Board of Supervisors of the Township of Hempfield indicates that such land offered cannot be properly located in the proposed development or subdivision because the future inhabitants of the development and surrounding area are to be served by recreational land/facilities established or to be established by the municipality in the subject locality, or if the conditions to render the site suitable for the use intended cannot be agreed upon, then, upon agreement with the applicant or developer, the payment of fees in lieu of the land offered, or a combination of fees and land, shall be required as a condition precedent to preliminary or final plan approval.
(2) Commencing upon the effective date of this section and for the year 2007, the amount of the fee shall be $726 per dwelling unit. Thereafter, said fee shall be in accordance with Schedule A of this section. Editor's Note: Schedule A is included in this chapter as § 76-10.2G. It is intended that the amount of the fee shall be substantially equal to the anticipated costs to the Board of Supervisors of the Township of Hempfield in providing for recreational use lands and facilities which have a reasonable relationship to the use thereof by future inhabitants of the development or subdivision.
(3) The fee in lieu of required land shall be paid to the municipality prior to release of the plan for recordation or as specified in a schedule of payments agreed upon by the Board of Supervisors of the Township of Hempfield.
(4) All fee payments received pursuant to this section shall be used solely and exclusively for the acquisition of land for parks, playgrounds or other recreational sites and the construction of improvements thereon, and for costs incidental and ancillary to such purposes, including but not necessarily limited to planning, engineering and design of recreational space and improvements, utility relocation, provision of pedestrian and/or vehicular access and purchase of park equipment. Unless otherwise agreed to by the municipality and the developer, payments received pursuant to this section shall only be used for land or improvements specifically included in the Hempfield Comprehensive Recreation Park and Open Space Plan, as amended and as supplemented by the list of needed park improvements developed by the Parks Commission. Such park and recreational facilities shall be accessible to the subject development or subdivision.
D. Disposition of fees. All fees in lieu paid to the municipality shall be placed in a capital reserve fund established as provided by law, which shall clearly identify the facility or area for which the fee was collected. Interest earned on the capital reserve fund shall become part of the capital reserve fund. Fees collected shall be expended only in proper allocable proportions of the cost incurred to construct the specific recreational facilities for which the funds were collected.
E. Exemption. An exemption from the provisions of this section is hereby granted to the following:
(1) Minor subdivisions involving side or rear lot line adjustments (§ 76-8.1).
(2) Single-family residential subdivisions of four lots or less; provided, however, that any future subdivision or resubdivision of said lots shall not be exempt from the provisions of this section.
(3) A land development containing a single structure of four dwelling units or less. For the purpose of this section a dwelling unit is defined as "a building or portion of a building designed or used exclusively as the living quarters for one family." This exemption is only granted to a land development, which is not proposed on a lot or lots within a subdivision.
F. If any section, subsection, paragraph, sentence or phrase of this section is for any reason held to be invalid by a court of competent jurisdiction, such holdings shall not affect the validity of or the remaining portions of this section, it being the legislative intent of the Board of Supervisors of the Township of Hempfield that the same would have been enacted without such section, subsection, paragraph, sentence or phrase. In the event of such holding, the section shall be considered as effective as if enacted without such section, subsection, paragraph, sentence or phrase. To the extent that all of the provisions of the within section shall, pursuant to timely action filed, be held to be unlawful for any reason by a court of competent jurisdiction, then § 76-10A of the Code shall remain in full force and effect; otherwise the same shall be and is hereby repealed.
G. Schedule A: Fees in lieu of Dedication.
Year
Fee in Lieu
2007
$726.00
2008
$755.00
2009
$786.00
2010
$817.00
2011
$850.00
2012
$884.00
2013
$919.00
2014
$956.00
2015
$994.00

§ 76-11 Required improvements.

A. The final plat shall conform to the following standards of improvement:
(1) Monuments and markers.
(a) Monuments and markers shall be placed so that the scored or marked point shall coincide exactly with the intersection of lines to be marked and shall be set so that the top of the monument or marker is level with the surface of the surrounding ground.
(b) Monuments shall be set at the intersection of all lines forming angles in the boundary of the subdivision.
(c) Markers shall be set at the beginning and ending of all curves along street property lines; at all points where lot lines intersect curves, either front or rear; at all angles in property lines of lots; and at all other lot corners.
(d) Monuments shall be of concrete or stone with a minimum size of six inches by six inches by 30 inches and shall be marked on top with a copper dowel. Markers shall consist of iron pipes or iron or steel bars at least 15 inches long and not less than 1/2 inch in diameter.
(e) Any monuments or markers that are removed shall be replaced by a competent engineer at the expense of the person removing them.
(2) Streets.
(a) Streets (and alleys where provided) shall be graded, to the grades and dimensions shown on plans and profiles, and approved by the Supervisors.
(b) Adequate drainage for the streets and all sub-surface utilities shall be provided or installed by the subdivider.
(c) All street improvements shall also conform to the requirements of all other applicable ordinances and resolutions of the Township.
(3) Sewers. Where the municipal sewer system is reasonably accessible to the subdivision, the subdivider shall provide [NOTE: The phrase "the subdivider shall provide" shall be interpreted to mean that the subdivider shall install the facility referred to, or, whenever a private sewage disposal system or an individual water supply is to be provided, that the subdivider shall require, as a condition of the sale of each lot or parcel in the subdivision, that the facilities referred to shall be installed by the owner of the lots in accordance with these regulations.] the subdivision with a complete sanitary sewer system to be connected to the municipal sewer system. Where the municipal sewer system is not reasonably accessible to the subdivision, private sewage disposal systems on individual lots, consisting of septic tanks and tile absorption fields or other approved sewage disposal systems, shall be provided when, in the judgment of the Supervisors, extension of the municipal sewerage system to the subdivision will not take place in the foreseeable future.
(4) Water. The subdivider shall provide [NOTE: The phrase "the subdivider shall provide" shall be interpreted to mean that the subdivider shall install the facility referred to, or, whenever a private sewage disposal system or an individual water supply is to be provided, that the subdivider shall require, as a condition of the sale of each lot or parcel in the subdivision, that the facilities referred to shall be installed by the owner of the lots in accordance with these regulations.] the subdivision with a complete water main supply system which shall be connected to a municipal water supply or to a community water supply approved by the Engineer and the Pennsylvania Department of Health, with satisfactory provision for the maintenance thereof, except that when such municipal or community water supply is not available, the subdivider shall provide an individual water supply on each lot in accordance with the minimum standards approved by the Pennsylvania Department of Health. The plans for the installation of the water supply shall be prepared by the subdivider with the cooperation of the applicable water utility company and approved by the Engineer. Upon completion of the water supply installation, one copy each of the plans for such system as built shall be filed with the Commission and the Engineer.
(5) Storm drainage. The subdivider shall provide the subdivision with an adequate stormwater drainage system, and easements for such surface drainage shall be provided.
B. Filing plans and profiles. Upon the completion of the improvements in a subdivision, plans and profiles of the same as constructed shall be filed.

§ 76-12 Plat certificates.

The following forms and space for the proper signatures shall be used or placed on the final plats:
A. Each final plat submitted for approval shall carry a certificate on of approval in substantially the following form:
Approved by the Board of Supervisors of Hempfield Township, this _______________________ day of_________________, 19____. (Seal)
ATTEST:
Secretary
Chairman
Approved by the Planning Commission of Hempfield Township, this _______________________day of_________________, 19____. (Seal)
ATTEST:
Secretary
Chairman
B. Each final plat submitted for approval shall carry a certificate, signed by a surveyor or engineer, in substantially the following form:
I, _________________________, hereby certify that I am a registered Land Surveyor, or registered Engineer in compliance with the laws of the Commonwealth of Pennsylvania; that this plat correctly represents a survey completed by me on____________; that all the monuments shown thereon actually exist; and that their location, size, type and material are accurately shown.
(SEAL)
C. Each final plat submitted for approval shall carry a deed of dedication in substantially the following form:
We, the undersigned _______________, owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and hereby lay off, plat and subdivide, said real estate in accordance with the within plat.
This subdivision shall be known and designated as ____________________, an addition to __________________. All streets and alleys shown and not heretofore dedicated are hereby dedicated to the public.
Building setback lines are hereby established as shown on this plat, between which lines and the property lines of the street, there shall be erected or maintained no building or structure.
There are strips of ground ___________ feet in width as shown on this plat and marked "Easement," reserved for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No buildings or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their titles subject to the rights of the utilities.
(Additional dedications and protective covenants or private restrictions would be inserted here upon the subdivider's initiative or the recommendation of the Commission; important provisions are those specifying the use to be made of the property and, in the case of residential use, the minimum habitable floor area.)
The foregoing covenants (or restrictions) are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 19... (a twenty-five-year period is suggested), at which time said covenants (or restrictions) shall be automatically extended for successive periods of 10 years and shall remain in full force and effect unless changed at the end of such period of 10 years by vote of a majority of the then owners of the building sites covered by these covenants (or restrictions).
The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected or maintained in violation hereof, is hereby dedicated to the public and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns.
Witness our Hands and Seals this ___________ day of _______________, 19____
FOR CORPORATIONS:
Commonwealth of Pennsylvania) SS. County of Westmoreland)
On this, the _______________ day of _______________, 19____, before me, _________________, the undersigned officer, personally appeared (_____) who acknowledged himself to be the President or Vice President of _______________, a corporation, and that he as such President or Vice President, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as President or Vice President.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My commission expires:
FOR OTHER THAN CORPORATIONS:
Commonwealth of Pennsylvania) SS.
County of Westmoreland)
On this, the __________________ day of ________________, 19____, before me, the undersigned officer, personally came ________., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
My commission expires:

§ 76-13 Conflict with other regulations.

Whenever there is a difference between minimum standards or dimensions specified herein and those contained in other official regulations, resolutions or ordinances of the Township, the highest standards shall apply.

§ 76-14 Violations and penalties.

[Amended 6-12-1989 by Ord. No. 89-13]
Any person, partnership or corporation who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon, or who sells, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development, whether by reference to or by other use of a plat of such subdivision or land development, or who erects any building thereon, unless and until a final plat has been prepared in full compliance with the provisions of this chapter and of the regulations adopted hereunder and has been recorded as provided herein, shall, upon being found liable therefor in a civil enforcement proceeding, pay a judgment of not more than $500 per lot or parcel or per dwelling within each lot or parcel, plus all court costs, including reasonable attorney's fees incurred by the Township of Hempfield as a result thereof. Each day that a violation continues shall constitute a separate violation hereof, unless the District Justice determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the District Justice's determination of a violation, and thereafter, each day that a violation continues shall constitute a separate violation. All moneys collected for such violations shall be paid over to the Township of Hempfield. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided. Further, the appropriate officers or agents of the Township of Hempfield are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this chapter.