A.
Application requests for dedication of streets will only be considered
between the dates of January 15 to September 1 in order to meet the
submission deadline for liquid fuel funds for said streets.
B.
With respect to a street through residential areas, when 90% of the
lots or dwellings fronting on the street are occupied, or with respect
to a street through commercial or industrial developments, when lots
having 90% of the front footage occupied, and upon completion of the
final punch list items, the applicant may offer the Township a deed
of dedication, accompanied with a fee to cover recording costs and
costs of preparing the resolution of acceptance.
C.
If the deed is found to be in proper order, the Board shall adopt
a resolution accepting the street and shall execute the deed containing
a notation that the street or, in applicable cases, stormwater management
facility, has been accepted for future maintenance or repair.
D.
No street or, in applicable cases, stormwater management facility,
shall be considered finally accepted by the Township until the deed
has been recorded and filed with the applicable filing offices of
Lancaster County.
E.
Notwithstanding final acceptance of the street or stormwater management
facility, the applicant shall remain responsible for maintenance of
the same, snow removal excepted, for a period of 18 months from the
date of final acceptance, and the applicant shall file a letter with
the Township acknowledging said responsibility at the time of submittal
of the deed.
F.
In the event that a developer elects the two-year base course pavement
design as shown in the East Hempfield Township Technical Specifications
and Standard Details and fails to install the wearing course within
two years, the applicant shall remain responsible for maintenance
of the same, snow removal excepted, for a period of 60 months from
the date of final acceptance, and the applicant shall file a letter
with the Township acknowledging said responsibility at the time of
submittal of the deed.
A.
Permit requiring improvements construction guarantee: Where the applicant
will be required to perform a substantial amount of work, the Township
may require the applicant to establish a performance bond or other
security satisfactory to the Township sufficient to cover the costs
of the work. The performance bond or other security shall secure to
the public the required improvements and shall be in form and amount
described in the East Hempfield Township Subdivision and Land Development
ordinance.
B.
At the time of final acceptance of the street and accompanying stormwater
management facilities by the Township, the applicant shall provide
a maintenance bond to the Township in an amount of 15% of the performance
bond for a period of 18 months.
C.
In the event that a developer elects the two-year base course pavement
design as shown in the East Hempfield Township Technical Specifications
and Standard Details and fails to install the wearing course within
two years, the applicant shall provide a maintenance bond to the Township
in an amount of 25% of the performance bond for a period of 60 months.
A.
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 of such portions of the financial
security necessary for payment to the contractor or contractors performing
the work. Request for release of funds shall follow the procedures
described in the East Hempfield Township Subdivision and Land Development
ordinance.[1]
B.
Prior to the release of the financial security, the developer shall
provide the Township with:
The Board may designate the designee to act on its behalf in
the approval of all plans, the making of all inspections and the granting
of all approvals required by this chapter; provided, however, that
the formal acceptance of any street, and the execution of any documents
related thereto, is reserved for the Board.
In addition to all other remedies, the Township may seek to
enforce the provisions of this chapter in an action at law or equity.
If any section or subsection of this chapter shall be found
to be invalid, the other sections or subsections of the ordinance
shall not be affected thereby.
The applicant shall pay to the Township an application fee,
as established from time to time by resolution of the Board of Supervisors.
Permits required for construction in Township and state road rights-of-way
will be assessed in accordance with Section 2322 of the Second Class
Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 67322.
A.
General rule. If the application is in compliance with this chapter
and other applicable laws and ordinances, a permit will be issued
by the Township. Where appropriate, the permit may be issued subject
to reasonable conditions.
B.
Permits will be issued only in the name of the landowner(s).
C.
Requesting permit time extension. The construction portion of the
permit is valid for a one-year period. If the permittee has not completed
all authorized work by the completion date specified on the permit,
an application shall be submitted requesting a time extension. If
approved, a supplement may be issued by the Township, without additional
cost, authorizing work to continue for an additional six-month period.
D.
Work completion notification. When all permitted work has been completed,
the Township shall be notified of such completion.
A.
The permit shall be binding upon the permittee, its agents, contractors,
successors and assigns.
B.
The permittee shall be responsible for causing compliance with all
terms and conditions of the permit by its employees, agents and contractors.
C.
The permit shall be prominently displayed at the work site and shall
be available for inspection by any representative of the Township.
D.
A permit is valid only as long as the driveway's traffic volume does
not exceed the approved driveway classification as set forth herein
relating to driveway design requirements. In the event that the use
of the site results in projected traffic volumes which would cause
a change in the driveway classification, the permittee shall restrict
the use of the site so as to retain the traffic volume on which the
permit was approved or submit a new application for a revised permit
with supporting documentation.
E.
The Township, in granting a permit, waives none of its powers or
rights to require a future change in operation, removal, relocation
or proper maintenance of any driveway within a Township right-of-way.
F.
Issuance of a permit under this article does not relieve the permittee
from any additional responsibility to secure other federal, state
or local approvals or permits as may be required by law.
All appeals or requests for modifications shall be processed
in accordance with the following:
A.
An appeal or request for a modification shall be submitted to the
Township. The request shall be made in writing and identify the following:
B.
Modification of design requirements. Upon application made, the Township
may modify one or more requirements of this chapter where strict compliance
with the terms of this chapter cannot reasonably be achieved and where
each of the following is demonstrated by the applicant to the reasonable
satisfaction of the Township or its representatives:
(1)
The applicant has done all that can reasonably be done to satisfy
the design requirements;
C.
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety and welfare. The Board
of Supervisors may grant a modification from literal compliance with
mandatory provisions of this chapter if the applicant can demonstrate
that an alternative proposal will allow for equal or better results.
D.
Any persons aggrieved by any action of the Township designee may
appeal to the Board of Supervisors of East Hempfield Township within
30 days of the date of the action taken by the Township designee.
E.
The approval of a modification or appeal shall not have the effect
of making null and void the intent and purpose of this chapter. In
the approval of a modification or appeal, the Board of Supervisors
may impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of this chapter.
A.
Any violation of this chapter or the permit requirements or any falsification
of any aspect of the application or the failure to pay any fee or
reimbursement chargeable hereunder shall constitute grounds for imposition
of any or all of the following penalties and remedies:
(1)
Upon receipt of oral or written notice of any violation from
the Township's authorized representative, the permittee shall cease
to perform any further work in the permitted area except to restore
the area to a safe condition. No further work shall commence in the
permitted area until the violation has been remedied. Where the permittee
has received oral notice of the violation, written notice shall be
sent to the permittee within 10 days of receipt of the oral notice.
(2)
The Township or its authorized representative may confiscate
the applicant's permit.
(3)
The Township may revoke the applicant's permit.
(4)
The Township may block streets or driveways or sever, remove
or block drainage facilities constructed without a permit or in violation
of this chapter.
B.
For any and every violation of the provisions of this chapter, the
landowner or permittee of land where such violation has been committed
or shall exist, and the landowner or permittee who commits, takes
part in or assists in any such violation or who maintains any such
building or land in which any such violation shall exist, shall, upon
conviction before any tribunal having jurisdiction, be fined not less
than $25 and not more than $500, and each day's continuance of the
offense may constitute a new offense. All fines and penalties imposed
by this chapter shall be recoverable by summary proceedings before
any District Justice, and all fines and penalties so recovered shall
be paid to the Township Treasurer for the general use of the Township.
In default of payment of any fine or penalty imposed under the provisions
of this chapter, the person or persons so offending shall be committed
to the County Jail for a period of time not exceeding 60 days.
C.
In addition to all other remedies, the Township may, through its
Solicitor or other authorized representative, institute any appropriate
action or proceeding at law or in equity to prevent, restrain, correct
or abate such violation or to require the removal or termination of
the unlawful driveway, or other alteration made by any owner or permittee.
This chapter is intended to be construed consistently with the
Township Zoning ordinance, the Township Subdivision and Land Development
ordinance and the Township Stormwater Management ordinance.[1] Where inconsistencies exist with respect to other ordinances,
the terms of the ordinance shall be reconciled if at all possible.
If the terms of such other ordinances are not reconcilable, the ordinance
which provides the stricter standards shall prevail. This chapter
repeals the East Hempfield Township Road Ordinance and the East Hempfield
Township Street Access ordinance (Ordinance No. 091-5).
This chapter shall become effective five days after adoption.
