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.
[1]
Editor's Note: See Ch. 265, Subdivision and Land Development, and Ch. 260, Stormwater Management, respectively.
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; 6-7-2023 by Ord. No. 2023-04]
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
Richardson Drive
Plane Tree Drive
Genoese 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.