This chapter shall be known, cited and referred to as the East
Hempfield Township subdivision and land development ordinance of 2014
(hereinafter "Chapter.").
This chapter is adopted to regulate and manage the subdivision
and development of land within East Hempfield Township for the following
purposes:
A.
Protect and provide for the public health, safety, morals, and general
welfare of East Hempfield Township.
B.
Guide and coordinate the future growth and development of East Hempfield
Township.
C.
Provide for adequate light, air, and privacy; secure safety from
fire, flood, stormwater and other danger; and prevent overcrowding
of the land and undue congestion of population.
D.
Protect the character and the social and economic stability of all
parts of East Hempfield Township.
E.
Promote the preservation of the Township's natural and historic
resources and prime agricultural land.
F.
Protect and conserve the value of land, buildings and improvements
throughout East Hempfield Township and minimize conflicts between
land uses.
G.
Guide public and private policy and action in order to provide adequate
and efficient transportation, water, sewerage, parks, playgrounds,
recreation, and other required public services and facilities.
H.
Provide for safe and convenient circulation of people and goods throughout
the Township, including pedestrian travel, and provide for the proper
location and width of streets and building lines.
I.
Establish reasonable standards of design and procedures for subdivisions
and land developments in order to further the orderly layout of land,
and to ensure proper legal description and monumenting of subdivisions
and land developments.
J.
Ensure that improvements for public facilities are available and
will have a sufficient capacity to serve proposed subdivisions and
land developments.
The provisions of the East Hempfield Township subdivision and
land development ordinance shall meet the following long-term community
development goal and objectives.
East Hempfield Township's goal is to honor its past, exercise
thoughtful stewardship of the present and, through thorough planning,
prepare for the future. As such, East Hempfield Township adopts the
following objectives for its subdivision and land development ordinance:
A.
East Hempfield Township always will be a place where families can
thrive; neighbors can connect; activities, jobs, and services are
plentiful; and nature, prime farmland, and historic traditions are
valued and protected.
B.
East Hempfield Township will be a place where the promotion of its
citizens' safety, health, welfare and morals are paramount; where
people feel comfortable to live, work, worship, and play; and, where
its residents are proud to call the Township "home."
C.
East Hempfield Township will continue to be a vibrant community with
a wide variety of housing opportunities and places for people to live
in its villages, residential neighborhoods and on its farmsteads.
D.
East Hempfield Township will offer its citizens a variety of recreational
opportunities and will promote the expansion and use of open spaces
for the public.
E.
East Hempfield Township will be a place that values its cultural
heritage and the farming activities that epitomize that heritage.
The Township will ensure that farming will not be just a remnant of
the past but a vital part of its future, with a lively farming community
that is sustained by farmstead activities, necessary agriculture support
businesses, and local markets.
F.
East Hempfield Township will embrace the conservation and preservation
of its historic and natural resources and its agricultural land. The
Township will also be a place where one's legal and constitutional
rights to the use of land are esteemed and protected.
G.
East Hempfield Township will work to sustain and enhance its older
neighborhoods and, at the same time, support carefully planned and
coordinated new development.
H.
East Hempfield Township will be a place that is friendly to business
and industry, where economic development and job creation is encouraged
and promoted.
This chapter is adopted pursuant to the authority granted by
the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805,
No. 247), as reenacted and amended.[1] In the event of future PA MPC amendments which may conflict
with this chapter, the provisions of the PA MPC shall apply unless
specifically noted otherwise in the enacting legislation.
A.
The Pennsylvania Municipalities Planning Code is hereafter referred
to as the "PA MPC".
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
General application. No subdivision or land development of any lot,
tract or parcel of land located within East Hempfield Township shall
be affected and no street, sanitary sewer, storm sewer, water main
or other facilities in connection therewith shall be laid out, constructed,
opened, or dedicated for travel or public use, or for the common use
of occupants of buildings thereon, unless and until a final subdivision
and/or land development plan has been approved and recorded in the
manner prescribed herein. Furthermore, no property shall be developed,
no building shall be erected and no site improvements shall be completed
except in strict accordance with the provisions of this chapter.
C.
General prohibition. No lot in a subdivision may be sold or transferred;
no permit to erect, alter or repair any building upon land in a subdivision
or land development may be issued; and no building may be erected
in a subdivision or land development, unless and until a final subdivision
and/or land development plan has been approved and recorded unless
such plan is not required or the structure to be built was constructed
prior to or the lot to be sold or transferred was subdivided prior
to the adoption of this chapter, and until construction of any required
site improvements in connection therewith has been completed or guaranteed
in the manner prescribed herein.
D.
Pending applications. Per Article V of the PA MPC, as amended, the
provisions of this chapter shall not affect an application for approval
of a subdivision and/or land development plan which is pending action
at the time of the effective date of this chapter, in which case the
applicant shall be entitled to a decision in accordance with the governing
ordinances as they existed at the time when the application for such
plan was duly filed. Additionally, this chapter shall not affect any
suit or prosecution, pending or to be instituted, to enforce any provision
of the East Hempfield Township subdivision and land development ordinance,
as amended, or any applicable predecessor regulations on an act done,
contract executed, or liability incurred prior to the effective date
of this chapter.
E.
Previously approved plans. If an applicant has received approval
of a preliminary or final plan prior to the effective date of this
chapter, no provision of this chapter shall be applied to adversely
affect the right of the applicant to commence and complete any aspect
of the approved preliminary or final plan in accordance with the terms
of such approval within five years of the date of such application,
nor shall any provision of this chapter be construed to waive the
obligations imposed upon an applicant to complete a previously approved
preliminary or final plan, including the installation of all improvements,
in strict compliance with the requirements of such approval. When
approval of a final plan has been preceded by approval of a preliminary
plan, the five years shall be counted from the date of preliminary
plan approval. If there is any doubt as to the terms of approval,
the terms shall be construed in light of the provisions of the governing
ordinances as they existed at the time when the application for such
approval was duly filed.
F.
Existing improvements. If existing improvements, including stormwater
management facilities, on the subject tract do not meet the requirements
of this chapter, then such improvements must be designed and upgraded
to meet the requirements of this chapter in conjunction with an application
for development unless:
In order that land may be subdivided and/or developed in accordance
with the policies and purposes of these regulations, this chapter
is hereby adopted and made effective as of the effective date of this
chapter.
A.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements for the
promotion of the public health, safety and general welfare, and shall
be construed to achieve the purposes for which this chapter was adopted.
B.
Conflict with public and private provisions.
(1)
Public provisions. This chapter is not intended to interfere
with, abrogate, or annul any other public easement, ordinance, rule
or regulation, statute, or other provision of law except as provided
in this chapter. Where any provision of this chapter imposes restrictions
different from those imposed by any other provision of this chapter
or any other ordinance, rule or regulation, statute, or other provision
of law, the provision that is more restrictive or imposes higher standards
shall control.
(2)
Private provisions. This chapter is not intended to abrogate
any easement, covenant, or other private agreement or restriction,
provided that where the provisions of this chapter are more restrictive
or impose higher standards or regulations than such easement, covenant,
or other private agreement or restriction, the requirements of this
chapter shall govern.
C.
Severability. If any part or provision of this chapter or the application
of this chapter to any person or circumstances is adjudged invalid
by any court of competent jurisdiction, such judgment shall be confined
in its operation to the part, provision or application directly involved
in the controversy in which the judgment shall be rendered. It shall
not affect or impair the validity and continued enforcement of any
other parts or provisions of this chapter or the application of them
to other persons or circumstances.
This chapter shall not be construed as abating any action now
pending under, or by virtue of, prior existing subdivision or land
development regulations, or as discontinuing, abating, modifying or
altering any penalty accruing or about to accrue, or as affecting
the liability of any person, firm or corporation, or as waiving any
right of the Township under any section or provision existing at the
time of adoption of this chapter, or as vacating or annulling any
rights obtained by any person, firm or corporation by lawful action
of the Township, except as shall be expressly provided for in this
chapter.
Upon the adoption of this chapter, all provisions of the East
Hempfield Township subdivision and land development ordinance of 1988,
as amended, are expressly repealed in their entirety to land within
the limits of East Hempfield Township.
A.
Purpose. For the purpose of protecting the public health, safety,
morals, and general welfare, amendments to this chapter may, from
time to time, be proposed.
B.
Procedure. All proposals for amendments shall be made in accordance
with the following procedure:
(1)
Proposal. Amendments to this chapter may, from time to time,
be proposed by the Board of Supervisors on its own motion, or by the
Planning Commission. In addition, any landowner may propose an amendment
to this chapter, in which event the Board of Supervisors, at its sole
option, may initiate procedures for amendment by referring the proposed
amendment to the Planning Commission.
(2)
Review by Planning Commission. In the case of an amendment other
than that proposed by the Planning Commission, the Board of Supervisors
shall submit each such amendment to the Planning Commission for recommendations
at least 45 days prior to the date of the public hearing on the proposed
amendment. The Board of Supervisors shall also submit the proposed
amendment to the Lancaster County Planning Commission for recommendations
at least 45 days prior to the date of the public hearing.
(3)
Action by Board of Supervisors. Amendments shall be approved or disapproved by the Board of Supervisors after a public hearing held pursuant to public notice, as defined in § 265-2.2 of this chapter, in accordance with the procedural requirements of Section 505 and 506 of the PA MPC.[1]
[1]
Editor's Note: See 53 P.S. §§ 10505 and
10506.
(4)
Notification of Township action. Within 30 days of said approval,
the Board of Supervisors shall forward a certified copy of any amendment
to this chapter to the Lancaster County Planning Commission.
A.
Enforcement. It shall be the duty of the Board of Supervisors of
East Hempfield Township, as may be delegated to the Township's
Director of Planning and/or his assigns, to enforce this chapter and
to bring any violations of these regulations to the attention of the
Township Solicitor. Formal enforcement proceedings may be initiated
by the Township Manager in the name of East Hempfield Township after
authorization by the Township.
B.
Penalties.
(1)
Preventive remedies.
(a)
In addition to other remedies, the Township may institute and
maintain appropriate actions by law or in equity to restrain, correct
or abate violations, to prevent unlawful construction, to recover
damages, and to prevent illegal occupancy of a building, structure
or premises. The description by metes and bounds in the instrument
of transfer or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
(b)
The Township may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter. This authority to deny such a permit
or approval shall apply to any of the following applicants:
[1]
The owner of record at the time of violation.
[2]
The vendee or lessee of the owner of record at the time of such
violation without regard as to whether such vendee or lessee had actual
or constructive knowledge of the violation.
[3]
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
[4]
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
(c)
As an additional condition for issuance of an approval to any
such owner, current owner, vendee or lessee for the development of
any such real property, the Township may require compliance with the
conditions that would have been applicable to the property at the
time the applicant acquired an interest in such real property.
(2)
Enforcement remedies.
(a)
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable thereof
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500 plus all court costs, including reasonable
attorney fees incurred by the Township as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the district justice. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the district justice determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating the ordinance to have been 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 determination of a violation by the district justice
and thereafter each day that a violation continues shall constitute
a separate violation.
(b)
The court of common pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per diem judgment pending a
final adjudication of the violation and judgment.
(c)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
