The governing body of Hempfield Township may regulate subdivisions and
land development within the township by enacting a Subdivision and Land Development
Ordinance.[1] The ordinance may require that all plats of land lying within
the municipality shall be submitted for approval to the governing body or
in lieu thereof to a planning agency designated in the ordinance for this
purpose. All powers granted herein to the governing body or the planning agency
shall be exercised in accordance with the provisions of the Subdivision and
Land Development Ordinance. In the case of any development governed by an
ordinance adopted pursuant to planned residential development, however, the
applicable provisions of the Subdivision and Land Development Ordinance shall
be as modified by such ordinance, and the procedures which shall be followed
in the approval of any plat and the rights and duties of the parties thereto
shall be governed by planned residential development and the provisions of
the ordinance adopted thereunder.
The enactment of a Subdivision and Land Development Ordinance by Hempfield
Township, whose land is subject to a County Subdivision and Land Development
Ordinance, shall act as a repeal pro tanto of the County Subdivision and Land
Development Ordinance within the municipality. However, applications for subdivision
and land development of land located within Hempfield Township, which has
adopted a Subdivision and Land Development Ordinance as set forth in this
Article, shall be forwarded upon receipt by Hempfield Township to the county
planning agency for review and report at county expenses, provided that Hempfield
Township shall not approve such applications until the county report is received
or until the expiration of 30 days from the date the application was forwarded
to the county.
The Subdivision and Land Development Ordinance may include but need
not be limited to:
A.
Provisions for the submittal and processing of plats,
and specifications for such plats, including provisions for preliminary and
final approval and for processing of final approval by stages or sections
of development.
B.
Provisions for ensuring that:
(1)
The layout or arrangement of the subdivision or land
development shall conform to the Comprehensive Plan and to any regulations
or maps adopted in furtherance thereof.
(2)
Streets in and bordering a subdivision or land development
shall be coordinated and be of such widths and grades and in such locations
as deemed necessary to accommodate prospective traffic and facilitate fire
protection.
(3)
Adequate easements or rights-of-way shall be provided
for drainage and utilities.
(4)
Reservations, if any, by the developer of any area designed
for use as public grounds shall be suitable in size and location for their
designated uses.
(5)
Land which is subject to flooding, subsidence or underground
fires either shall be made safe for the purpose for which such land is proposed
to be used or shall be set aside for uses which shall not endanger life or
property or further aggravate or increase the existing menace.
C.
Provisions governing the standards by which streets shall
be graded and improved and by which walkways, curbs, gutters, streetlights,
fire hydrants, water and sewerage facilities and other improvements shall
be installed as a condition precedent to final approval of plats.
D.
Provisions which take into account land development not
intended for the immediate erection of buildings where streets, curbs, gutters,
streetlights, fire hydrants, water and sewerage facilities and other improvements
may not be possible to install as a condition precedent to final approval
of plats but will be a condition precedent to the erection of buildings on
land included in the approved plat.
E.
Provisions for encouraging and promoting flexibility,
economy and ingenuity in the layout and design of subdivisions and land developments,
including provisions authorizing the planning agency to alter site requirements
and for encouraging other practices which are in accordance with modem and
evolving principles of site planning and development.
Before voting on the enactment of a proposed Subdivision and Land Development
Ordinance, the governing body shall hold a public hearing thereon pursuant
to public notice. A brief summary setting forth the principal provisions of
the proposed ordinance and a reference to the place within Hempfield Township
where copies of the proposed ordinance may be secured or examined shall be
incorporated into the public notice. Unless the proposed Subdivision and Land
Development Ordinance shall have been prepared by the planning agency, the
governing body shall submit the ordinance to the planning agency at least
40 days prior to the hearing on such ordinance in order to provide the planning
agency an opportunity to submit recommendations.
Amendments to the Subdivision and Land Development Ordinance shall become
effective only after a public hearing held pursuant to public notice in the
manner prescribed for enactment of a proposed ordinance by this Article. In
addition, in case of an amendment other than that prepared by the planning
agency, the governing body shall submit each such amendment to the planning
agency for recommendations at least 30 days prior to the date fixed for the
public hearing on such proposed amendment.
After enactment, if the advertisement of a Subdivision and Land Development
Ordinance or amendment is required by other laws respecting the advertisement
of ordinances, such advertisements may consist solely of a reference to the
place or places within the township where copies of such ordinance or amendment
shall be obtainable for a charge not greater than the cost thereof and available
for examination without charge. Subdivision and Land Development Ordinances
and amendments may be incorporated into official ordinance books by reference
with the same force and effect as if duly recorded therein.
Where a subdivision and land development ordinance has been enacted
by Hempfield Township under the authority of statute, no subdivision or land
development of any lot, tract or parcel of land or other improvements in connection
therewith shall be laid out, constructed, opened or dedicated for public use
or travel or for the common use of occupants of buildings abutting thereon
except in accordance with the provisions of such ordinance.
[Amended 8-8-1988 by Ord. No. 88-17]
All applications for approval of a plat (other than those governed by
planned residential development), whether preliminary or final, shall be acted
upon by the governing body by its decision and communicated to the applicant
not later than 90 days following the date of the regular meeting of the governing
body or the planning agency (whichever first reviews the application) next
following the date the application is filed, provided that, should said next
regular meeting occur more than 30 days following the filing of the application,
said ninety-day period shall be measured from the 30th day following the day
the application has been filed.
A.
The decision of the governing body shall be in writing
and shall be communicated to the applicant personally or mailed to the applicant's
last known address not later than 15 days following the decision.
B.
When the application is not approved in terms as filed,
the decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case, cite the
provisions of the statute or ordinance relied upon.
C.
Failure of the governing body to render a decision and
communicate it to the applicant within the time and in the manner required
herein shall be deemed an approval of the application in terms as presented
unless the applicant has agreed in writing to an extension of time or change
in the prescribed manner 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.
D.
From the time an application for approval of a plat,
whether preliminary or final, is duly filed as provided in the Subdivision
and Land Development Ordinance,[1] and while such application is pending approval or disapproval,
no change or amendment of the Zoning Ordinance, Subdivision Ordinance or other
governing ordinance or plan shall affect the decision on such application
adversely to the applicant, and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances or plans as
they stood at the time the application was duly filed. In addition, when a
preliminary application has been duly approved, the applicant shall be entitled
to final approval in accordance with the terms of the approved preliminary
application as hereinafter provided. However, if an application is properly
and finally denied, any subsequent application shall be subject to the intervening
change in governing regulations. When an application for approval of a plat,
whether preliminary or final, has been approved or approved subject to conditions
acceptable to the applicant, no subsequent change or amendment in the Zoning
Ordinance, Subdivision Ordinance or other governing ordinance or plan shall
be applied to affect adversely the right of the applicant to commence and
to complete any aspect of the approved development in accordance with the
terms of such approval within five years from such approval. Where final approval
is preceded by preliminary approval, the five-year period shall be counted
from the date of the preliminary approval. In the case of any doubt as to
the terms of a preliminary approval, the terms shall be construed in the light
of the provisions of the governing ordinances or plans as they stood at the
time when the application for such approval was duly filed. Where the landowner
has substantially completed the required improvements as depicted upon the
final plat within the aforesaid five-year limit, or any extension thereof
as may be granted by the governing body, no change of municipal ordinance
or plan enacted subsequent to the date of filing of the preliminary plat shall
modify or revoke any aspect of the approved final plat pertaining to zoning
classification or density, lot, building, street or utility location. In the
case of a preliminary plat calling for the installation of improvements beyond
the five-year period, a schedule shall be filed by the landowner with the
preliminary plat, delineating all proposed sections as well as deadlines within
which applications for final plat approval of each section are intended to
be filed. Such schedule shall be updated annually, by the applicant, on or
before the anniversary of the preliminary plat approval, until final plat
approval of the final section has been granted, and any modification in the
aforesaid schedule shall be subject to approval of the governing body in its
discretion. Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the total number
of dwelling units as depicted on the preliminary plan, unless a lesser percentage
is approved by the governing body in its discretion. Provided that the landowner
has not defaulted with regard to or violated any of the conditions of the
preliminary plat approval, including compliance with landowner's aforesaid
schedule of submission of final plats for the various sections, then the aforesaid
protections afforded by substantially completing the improvements depicted
upon the final plat within five years shall apply for any section or sections,
beyond the initial section, in which the required improvements have not been
substantially completed within said five-year period. The aforesaid protections
shall apply for an additional term or terms of three years from the date of
final plat approval for each section. Failure of the landowner to adhere to
the aforesaid schedule of submission of final plats for the various section
shall subject any such section to any and all changes in the Zoning Ordinance,
Subdivision Ordinance and other governing ordinances enacted by the municipality
subsequent to the date of the initial preliminary plan submission.
E.
Before acting on any subdivision plat, the governing
body or the planning agency, as the case may be, may hold a public hearing
thereon after public notice. If a public hearing has been held upon a preliminary
plat or plan, a public hearing shall not be required upon the final plat unless
the final plat departs substantially from the preliminary plat or plan.
F.
No plat which will require access to a highway under
the jurisdiction of the Department of Transportation shall be finally approved
unless the plat contains a notice that a highway occupancy permit is required
pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428),[2] known as the "State Highway Law," before driveway access to a
state highway is permitted. The Department shall, within 60 days of the date
of receipt of an application for a highway occupancy permit, approve the permit,
which shall be valid thereafter unless, prior to commencement of construction
thereunder, the geographic, physical or other conditions under which the permit
is approved change, requiring modification or denial of the permit, in which
event the Department shall give notice thereof in accordance with regulations;
deny the permit; return the application for additional information or correction
to conform to Department regulations; or determine that no permit is required,
in which case, the Department shall notify the municipality and the applicant,
in writing. If the Department shall fail to take any action within the sixty-day
period, the permit will be deemed to be issued. The plat shall be marked to
indicate that access to the state highway shall be only as authorized by a
highway occupancy permit. Neither the Department nor any municipality to which
permit-issuing authority has been delegated under Section 420 of the State
Highway Law shall be liable in damages for any injury to persons or property
arising out of the issuance or denial of a driveway permit or for failure
to regulate any driveway.
[2]
Editor's Note: See 36 P.S. § 670-420
No plat shall be finally approved unless the streets shown on such plat
have been improved as may be required by the Subdivision and Land Development
Ordinance and unless any walkways, curbs, gutters, streetlights, fire hydrants,
shade trees, water mains, sanitary sewers, storm drains and other improvements
as may be required by the Subdivision and Land Development Ordinance have
been installed in accordance with such ordinance. In lieu of the completion
of any improvements required as a condition for the final approval of a plat,
the Subdivision and Land Development Ordinance may provide for the deposit
with the municipality of a corporate bond or other security acceptable to
the governing body in an amount sufficient to cover the costs of any improvements
which may be required. Such bond or other security shall provide for and secure
to the public the completion of any improvements which may be required within
the period fixed in the Subdivision and Land Development Ordinance for such
completion. In the case where development is projected over a period of years,
the governing body or the planning agency may authorize submission of final
plats by sections or stages 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.
A.
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the township governing
body in writing, by certified or registered mail, of the completion of the
aforesaid improvements and shall send a copy thereof to the Township Engineer.
The township governing body shall, within 10 days after receipt of such notice,
direct and authorize the Township Engineer to inspect all of the aforesaid
improvements. The Township Engineer shall thereupon file a report in writing
with the township governing body and shall promptly mail a copy of the same
to the developer by certified or registered mail. The report shall be made
and mailed within 30 days after receipt by Hempfield Township's Engineer
of the aforesaid authorization from the governing body; and said report shall
be detailed and shall indicate approval or rejection of said improvements,
either in whole or in part, and if said improvements or any portion thereof
shall not be approved or shall be rejected by the Township Engineer, said
report shall contain a statement of reasons for such nonapproval or rejection.
B.
The township governing body shall notify the developer
in writing, by certified or registered mail, of the action of the township
governing body with relation thereto.
C.
If the township governing body or the Township Engineer
fails to comply with the time limitation provisions contained herein, all
improvements will be deemed to have been approved and the developer shall
be released from all liability pursuant to its performance guaranty bond.
D.
If any portion of the said improvements shall not be
approved or shall be rejected by the township governing body, the developer
shall proceed to complete the same and, upon completion, the same procedure
of notification as outlined herein shall be followed.
E.
Nothing herein, however, shall be construed in limitation
of the developer's right to contest or question by legal proceedings
or otherwise any determination of the township governing body or the Township
Engineer.
F.
Where herein reference is made to the Township Engineer,
he shall be a duly registered professional engineer employed by Hempfield
Township or engaged as a consultant thereto.
In the event that any improvements which may be required have not been
installed as provided in the Subdivision and Land Development Ordinance or
in accord with the approved final plat, the governing body of Hempfield Township
is hereby granted the power to enforce any corporate bond or other security
by appropriate legal and equitable remedies. If proceeds of such bond or other
security are insufficient to pay the cost of installing or making repairs
or corrections to all the improvements covered by said security, the governing
body of Hempfield Township may, at its option, install part of such improvements
in all or part of the subdivision or land development and may institute appropriate
legal or equitable action to recover the moneys necessary to complete the
remainder of the improvements. All of the proceeds, whether resulting from
the security or from any legal or equitable action brought against the developer,
or both, shall be used solely for the installation of the improvements covered
by such security and not for any other municipal purpose.
The decisions of the governing body or the planning agency with respect
to the approval or disapproval of plats may be appealed directly to court
in the same manner and within the same time limitations as may be provided
for zoning appeals from the decisions or findings of the Zoning Hearing Board
by this chapter or any future ordinance or statute, whichever is later in
date.
Upon the approval of a final plat, the developer shall, within 90 days
from such final approval, record such plat in the office of the Recorder of
Deeds of Westmoreland County. Whenever plat approval is required by Hempfield
Township, the Recorder of Deeds of the county shall not accept any plat for
recording unless such plat officially notes the approval of the governing
body.
After a plat has been approved and recorded as provided in this Article,
all streets and public grounds on such plat shall be and become a part of
the Official Map of Hempfield Township without public hearing.
[Amended 12-29-1975 by Ord. No. 75-39; 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 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.
The adoption of this chapter and the repeal by it of prior enabling
laws relating to subdivision control shall not invalidate any subdivision
ordinances, resolutions or regulations enacted under such prior laws. This
chapter, in such respect, shall be deemed a continuation and codification
of such prior enabling laws and ordinances.
