[Ord. No. 12-12-2006,
12/12/2006, § 100]
This chapter shall be known and cited as the "Hemlock Township
Subdivision and Land Development Ordinance of 2006" and is intended
to serve as a comprehensive revision to the Hemlock Township Subdivision
and Land Development Ordinance enacted August 11, 1992, and as may
have been subsequently amended.
[Ord. No. 12-12-2006,
12/12/2006, § 101]
Section 501 of the Pennsylvania Municipalities Planning Code,
P.L. 1329, Act 170, as reenacted December 21, 1988, 53 P.S. § 10501,
and as subsequently may be amended, provides that the governing body
of a municipality may regulate subdivisions and land development within
that municipality by enacting a subdivision and land development ordinance.
The Supervisors of Hemlock Township, Columbia County, Pennsylvania, under the authority cited above do hereby ordain that this chapter was enacted to regulate subdivisions and land developments occurring within the Township in order to promote and protect the health, safety, and general welfare of the residents of the municipality, and to implement the purposes outlined in §
22-105 herein.
[Ord. No. 12-12-2006,
12/12/2006, § 102]
1. Activities to be governed by this chapter shall be defined as follows:
A. Subdivision. Is defined as the division or redivision of a lot, tract,
or parcel of land by any means into two or more lots, tracts, or 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 devisees, 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 exempted.
B. Land Development. Is defined as any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
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.
(b)
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.
[Ord. No. 12-12-2006,
12/12/2006, § 103]
1. Where small portions of existing lots, tracts or parcels of land
are being acquired by governmental units for use in road improvements,
these divisions of land may be exempt from the requirements of this
chapter.
2. Where portions of existing lots, tracts or parcels of land are being
acquired by utility companies or other public utility corporations
for the placement or utility lines, the expansion of existing buildings,
or the construction of new buildings, such divisions of land shall
be exempt from the requirements of this chapter as per PUC regulations,
state law, or federal law.
3. Where a new deed is to be filed to correct an existing inaccurate
parcel description, such revised deed shall be exempt from the requirements
of this chapter, so long as the original inaccuracy was inadvertent
and the correction does not significantly after the legal descriptions
of other properties in the vicinity.
4. As established by § 503 (1.1) of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10503(1.1) or as may hereafter
be amended, the following activities shall be exempt from the land
development requirements of this chapter:
A. The conversion of an existing single-family detached dwelling or
single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
B. The addition of an accessory building, including farm buildings,
on a lot(s) subordinate to an existing principal residential building
or agricultural use.
C. The addition or conversion of buildings or rides within the confines
of an enterprise which would be considered an amusement park. For
purposes of this subsection, an amusement park is defined as a tract
or area used principally as a location for permanent amusement structures
or rides. This exclusion shall not apply to newly acquired acreage
by an amusement park until plans for the expanded area have been approved
by proper authorities.
5. Additional exceptions to the land development requirements are set forth in §
22-702, Subsection 1D, of this chapter.
[Ord. No. 12-12-2006,
12/12/2006, § 104]
1. The Hemlock Township Board of Supervisors hereby cite the following
as the specific purposes for which this chapter was enacted:
A. To accomplish orderly, efficient, and harmonious development of the
Township.
B. To protect and promote the health, safety, and general welfare of
the citizens of the Township.
C. To ensure coordination of subdivision and land development proposals
with municipal public improvement plans and program.
D. To secure the protection of soil and water resources and natural
drainageways.
E. To facilitate the safe and efficient movement of people and goods
through the Township.
F. To ensure equitable processing of all subdivision and land development
plans by providing uniform standards and procedure.
G. To encourage the utilization of flood hazard areas in a manner that
will not increase the flood hazard.
[Ord. No. 12-12-2006,
12/12/2006, § 105]
Any, person, partnership or corporation intending to subdivide
or develop property in Hemlock Township shall prepare plans in accordance
with the standards contained in this chapter. Such plans and all required
documentation shall be submitted to the Hemlock Township Planning
Commission for review and to the Township Supervisors for approval
or disapproval, as per the requirements of this chapter. The Supervisors
shall consider all review comments and recommendations received prior
to taking action on a proposed subdivision or land development. The
Supervisors shall, however, have full authority to approve or disapprove
all such plans or proposals.
[Ord. No. 12-12-2006,
12/12/2006, § 106]
Copies of all subdivision and land development plans for proposals to be located within Hemlock Township shall be forwarded or delivered, upon receipt by the municipality, to the Columbia County Planning Commission for review and comment. The Supervisors shall not act on such proposal until receipt of the County's comments or until the expiration of 30 days from the date such proposal was forwarded or delivered to the County Planning Commission. (See also §
22-403, Subsection 2B, of this chapter for additional procedural details of this process.)
[Ord. No. 12-12-2006,
12/12/2006, § 107]
The provisions of this chapter shall be held to be minimum requirements
to meet the purposes stated herein. Where the provisions of this chapter
impose greater restrictions than those of any statute, other ordinance
or regulation (i.e., state enabling statues, local zoning or building
codes, etc.), the provisions of this chapter shall prevail. Where
the provisions of any statute, other ordinance or regulation impose
greater restrictions than those of this chapter, the provisions of
such statute, ordinance or regulation shall prevail.
[Ord. No. 12-12-2006,
12/12/2006, § 108]
No subdivision or land development of any lot, tract or parcel
of land shall be made, no street, sanitary sewer, storm sewer, water
main or other improvements in connection therewith shall be opened
or dedicated for public use or travel, or for the common use of occupants
of buildings abutting thereon, unless and until a final plat has been
prepared in full compliance with the provisions of this chapter and
such has been finally approved and recorded as provided and required
herein.
[Ord. No. 12-12-2006,
12/12/2006, § 109]
The grant of approval of a subdivision or land development plan,
or of any improvement installed as a condition thereof, shall not
constitute a representation, guarantee, or warranty of any kind by
Hemlock Township nor by any official, employee or appointee thereof
as to the practicability or safety of the proposed use, and shall
create no liability upon the Township nor any of their officials,
employees or appointees for any damage that may result pursuant thereto.
The applicant shall in all cases rely on accepted engineering methods
or building practices when designing a subdivision or land development
or installing any required improvement. In addition, no such approval
shall guarantee the accuracy of any survey or subdivision or land
development plans prepared by a registered professional land surveyor,
Pennsylvania licensed engineer or architect, as applicable.