This chapter shall be known as the "East Hempfield Township
Road Ordinance."
The Board of Supervisors of East Hempfield Township finds that
an ordinance is required to establish criteria, rules, and regulations
for access to a Township road or the construction of any road, street
and/or drainage facility to be dedicated to East Hempfield Township,
upon satisfactory completion; and prescribing penalties for the violation
of this chapter.
The purpose of this chapter is to establish criteria for access
to a Township road or for construction of roads, streets, driveways,
utilities and stormwater management facilities to be dedicated to
East Hempfield Township, including a procedure for the acceptance
and dedication of the same upon satisfactory completion of their construction.
This chapter is adopted pursuant to Section 503 of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10503, and Section
1140.1 of the Second Class Township Code, 53 P.S. § 66140.1.
Issuance of a permit under these regulations does not relieve
the permittee from any additional responsibility to secure other federal,
state or local approvals or permits as may be required by law.
Nothing contained in this chapter is intended to relax existing
safety requirements.
All plans for streets, driveways, utilities or drainage facilities
shall comply with the requirements and reflect the information required
by those applicable provisions of the East Hempfield Township Subdivision
and Land Development ordinance, the East Hempfield Township Stormwater
Management ordinance,[1] and with the requirements of this chapter or other federal
or state approvals, all as amended from time to time. Where inconsistencies
exist with respect to other ordinances, the terms of the ordinance
shall be reconciled if at all possible. If the terms of such other
ordinances are not reconcilable, the ordinance which provides the
stricter standards shall prevail.
No work shall be initiated on any street, driveway, utility
or stormwater management facilities until the Chairman of the Township
Board of Supervisors or their designee have executed the certificate
or approval. (See certificate of approval attached as Appendix A[1].)
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[Amended 1-7-2019 by Ord.
No. 2019-02; 10-2-2019 by Ord. No. 2019-12; 4-20-2022 by Ord. No. 2022-08]
For the purposes of this chapter, the Township's roads shall
be classified in the following categories:
|
Table 1 Roadway Classification
| ||
|---|---|---|
|
Arterial Roads*
|
Collector Roads*
|
Collector Roads*
|
|
U.S. Route 30
|
Bowman Road
|
Nissley Road
|
|
PA Route 283
|
Centerville Road
|
Nolt Road
|
|
Columbia Avenue
|
Church Street
|
Noll Road
|
|
Harrisburg Pike
|
Colebrook Road
|
Old Tree Drive
|
|
Manheim Pike
|
Good Drive
|
Running Pump Road
|
|
Marietta Pike
|
Graystone Road
|
Spooky Nook Road
|
|
McGovernville Road
|
Hempland Road
|
Spring Valley Road
|
|
Rohrerstown Road
|
Kaufman Road
|
State Road
|
|
Landisville Road
|
Stevens Street
| |
|
Leabrook Road
|
Stony Battery Road
| |
|
Yellow Goose Road
|
Sylvan Road
| |
|
Dairy Road
|
Embassy Drive
| |
|
Plane Tree Drive
| ||
|
*Local road: All roads not listed as arterials or collectors
are considered local roads.
|
[Added 10-19-2016 by Ord.
No. 2016-04]
A.
Property owners shall be responsible, at their own expense, to maintain
and repair curbs and sidewalks along the frontage of their property
in accordance with the ordinances and specifications of the Township.
"Maintain and repair" shall mean patching broken sidewalk panels and
curbs, replacing sidewalk panels and curbs which are vertically or
horizontally displaced, and removing snow, ice, and debris from sidewalks
so they remain open and usable for all persons throughout the year.
[Amended 10-20-2021 by Ord. No. 2021-08]
B.
If the Township agents or representatives determine that repair or
replacement of curb or sidewalk areas is necessary, the Township agents
or representatives shall provide written notice to the property owner,
personally or by first class mail, of the particular work required,
which notice shall include the time period within which the repairs
or replacements shall be made. Such time period, however, shall not
be greater than six months from the date of the notice, unless extended
by cause by the Board of Supervisors.
C.
In cases where an entity other than the property owner has taken
responsibility through a third party agreement for curbs and/or sidewalks,
including, but not limited to a homeowner's association, it is the
property owner's responsibility to notify the responsible party and
ensure that such repairs and/or replacement occurs within the time
prescribed by the Township.
D.
When any sidewalks or curbs are constructed, reconstructed or repaired
by the Township, the expense of the construction of the sidewalks
or curbs shall be paid by the abutting property owners in proportion
to their frontage, but no owner shall be liable for the cost of construction
of the sidewalk or curb in an amount greater than 15% of the assessed
valuation of the abutting property. Any expense above the maximum
liability of abutting property owners shall be paid by the Township.
If abutting property owners fail to pay the expenses of the construction
of the sidewalks or curbs for which they are liable, the Board of
Supervisors may recover the amount by action of assumpsit or may file
municipal liens therefor against the abutting properties under law
for the filing and collection of municipal liens.
