[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.]
This chapter is adopted for the following purposes:
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.
ALLEY
BLOCK
BUILDING
BUILDING SETBACK LINE
COMMISSION or PLANNING COMMISSION
CROSSWALK
CUL-DE-SAC (COURT or DEAD-END STREET)
EASEMENT
ENGINEER
LAND DEVELOPMENT
(1)
(2)
(3)
LOT
LOT DEPTH
LOT, DOUBLE-FRONTAGE
LOT, MINIMUM AREA OF
LOT WIDTH
MASTER PLAN
MINOR SUBDIVISION
PLAT
RIGHT-OF-WAY
STREET
SUBDIVIDER
SUBDIVISION
SUPERVISORS
TOWNSHIP
Definitions. For the purpose of this chapter, the
following terms shall have the meanings indicated unless otherwise
specifically stated:
A permanent serviceway providing secondary means of access
to abutting lands.
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.
Any structure or part thereof affixed to the land.
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.
Hempfield Township Planning Commission.
A right-of-way, municipally owned, which cuts across a block
to furnish access by pedestrians to adjacent streets or properties.
A short street having one end open to traffic and being permanently
terminated by a vehicular turnaround.
A grant by the property owner of the use of a strip of land
by the public, a corporation or persons for specified purposes.
The Hempfield Engineer.
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]
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;
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
A subdivision of land.
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]
The mean horizontal distance between the front and rear lines
of a lot.
A lot, the generally opposite ends of which both abut on
streets.
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]
The mean horizontal distance between side property lines
of a lot.
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.[1]
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]
The map or plan of a subdivision or land development, whether
preliminary or final.
[Amended 7-15-2003 by Ord. No. 2003-15]
Land dedicated and publicly owned for use as a street, alley
or crosswalk.
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]
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]
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]
The Board of Supervisors of the Township.
The Township of Hempfield.
[1]
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.
[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.
[Added 7-11-1994 by Ord. No. 94-9[1]]
A.
Design standards.
(1)
The arrangement, character, extent, width, grade and
location of all streets shall conform to the Official Map of Hempfield
Township.[2] 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]
Editor's Note: The Official Map is on file
in the office of the Secretary of the Township of Hempfield.
(2)
APPLICANT
APPOINTING AUTHORITY
CLEAR SIGHT TRIANGLE
COUNTY
DEVELOPER
ENGINEER
GOVERNING BODY
RIGHT-OF-WAY
SIGHT DISTANCE
STREET
Definitions. As used in this section and all of its
subsections, the following words or phrases shall have the meanings
indicated below:
A landowner or developer, as hereafter defined, who has filed
an application for development or approval of plot, including his
heirs, successors and assigns.
Board of Supervisors of the Township.
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 of Westmoreland.
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.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Township.
Board of Supervisors of the Township.
Land dedicated and publicly owned for use as a street.
The maximum distance of unobstructed vision in a horizontal
or vertical plane from within an automobile located at any given point
on a 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,[3] 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.
[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.[4]
[4]
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.
(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[5]]
[5]
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,[6] 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.
[6]
Editor's Note: Said plat is included at the end of this chapter.
(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)
[7]All French drains or storm sewers must be piped to the
approved stormwater management facility for the development.
[7]
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).
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.
[8]
Editor's Note: This ordinance also provided
for the renumbering of former Subsection E(6) as E(7).
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[9]]
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.
[1]
Editor's Note: This ordinance also repealed
former § 76-4, General requirements, as amended.
[1]
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.
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.[1]
[1]
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.
[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.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Added 7-19-2005 by Ord. No. 2005-8[1]]
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.
[1]
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.
[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.
(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.
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.[1]
[1]
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.[2]
[2]
Editor's Note: Chart 2 is included at the end of this chapter.
[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.
[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).
(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.[1]
[1]
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.[2]
[2]
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[3] 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.
[3]
Editor's Note: See 35 P.S. § 750.1
et seq.
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.
[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:
(j)
Any adjacent land under option by the applicant
must be illustrated on the plat.
(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.
(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[2]).
[2]
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.
[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:
[Added 7-19-2005 by Ord. No. 2005-8;
amended 4-11-2006 by Ord. No. 2006-3]
[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.
[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.
[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.
[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.
[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 the sum of $750 for each dwelling unit. At the adoption of this subsection, the Board of Supervisors of the Township of Hempfield is permitted hereinafter to amend said sum at its sole discretion by resolution. Payment and administration of such fund shall be in accordance with § 76-10.2C and D.
[Amended 7-27-2020 by Ord. No. 2020-02]
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 of 2020, the amount of the fee shall be $750 per
dwelling unit. 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. At the adoption
of this subsection, the Board of Supervisors of the Township of Hempfield
is permitted hereinafter to amend said sum at its sole discretion
by resolution.
[Amended 7-27-2020 by Ord. No. 2020-02]
(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:
(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.[1]
[1]
Editor's Note: Former Subsection G, Schedule A: Fees in lieu
of Dedication, which immediately followed this subsection, was repealed
7-27-2020 by Ord. No. 2020-02.
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.
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:
| |||
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.
[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.
