[Adopted 7-3-1984 as Ch. 21, Part
1, of the 1984 Code]
This article shall be known and referred to
as the "Road Ordinance of West Hempfield Township."
The following terms shall have the meanings
ascribed thereto, as follows:
The Board of Supervisors of West Hempfield Township, Lancaster
County, Pennsylvania.
Any person, association, partnership or corporation or authorized
agent thereof for whom or which subdivision or land development plans
are being or have been made or who or which proposes to construct
or begins construction of a road intended to become a part of the
road system of West Hempfield Township or intended for dedication
to the public use.
A facility or physical improvement intended for use as or
designed to accept and/or dispose of storm runoff.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101
et seq.
[Added 4-2-1991 as Ord. No. 1-91]
Any road, street, alley or public thoroughfare, including
but not limited to roads shown on a subdivision and land development
plan to be offered or dedicated to West Hempfield Township in the
future as part of its road system.
The engineer appointed by the Board of Supervisors of West
Hempfield Township.
No person, association, partnership or corporation
shall construct, build, open, dedicate or attempt to construct, build,
open or dedicate any road or drainage facility for public use, travel
or usage in the Township of West Hempfield without complying with
the provisions of this article.
[Amended 4-2-1991 by Ord. No. 1-91]
Prior to any construction, building, opening or dedication thereof, all plans for said road and/or drainage facilities shall be submitted to the Board and shall comply with the requirements and reflect the information required by those applicable provisions of Chapter 130, Subdivision and Land Development, as amended from time to time, and shall comply with the requirements and reflect the information required by this article and Chapter 122, Stormwater Management.
[Amended 4-2-1991 by Ord. No. 1-91]
In the event of a conflict between the provisions
of this article and those of the West Hempfield Township Subdivision
and Land Development Ordinance,[1] or of any other ordinance of West Hempfield Township,
the more restrictive provisions shall control. All such plans shall
show the typical street cross section in accordance with specifications
as adopted by resolution of the Board of Supervisors.
A.
Said plans for roads and/or drainage facilities shall
be prepared and submitted to the Board in duplicate along with payment
of the fees as may be required by resolution of the Board. The Board
shall review said plans and, in the process thereof, may refer them
to the Township Engineer, the Township Planning Commission and the
Lancaster County Planning Commission. In the event that any changes
are required, the Board shall refer said plans back to the developer
for revision in accordance with the specified changes.
B.
When the plans are found to be in acceptable form,
both copies shall be executed by the Board; the Board retaining one
copy and delivering one executed copy to the developer.
No work shall be initiated on any road, street
or drainage facility until the plans therefor have been finally approved
by the Board and executed so as to indicate approval.
[Amended 4-2-1991 by Ord. No. 1-91]
All roads shall be constructed in accordance
with the following standards and specifications:
A.
Notwithstanding the provisions of § 126-7 of this article, the Board may require and may alter the method of construction and/or the type of construction and/or may require the utilization of any specific alternate where the physical characteristics of the land indicate that an alternative method shall be used in the opinion of the Board, where the roads or drainage facilities are to be constructed in a commercial or industrial development or where an existing Township road is being relocated at the request and expense of the developer.
B.
Where a proposed subdivision fronts on an existing
Township road or where, because of the nature of the proposed subdivision,
the existing Township road will be exposed to such increased traffic
that the same may, in the opinion of the Township Engineer, cause
the existing Township road to be damaged or destroyed beyond normal
wear and tear, the Board may require the developer to improve, including
widening, said existing road so as to enable said road to be able
to accept said increased traffic without causing damage or destruction
beyond normal wear and tear to said existing road.
C.
Where a proposed subdivision fronts on an existing
Township road, the Board may require a developer to grant an additional
easement to the Township for road maintenance purposes so as to permit
the Township to maintain stormwater drainage improvements and to perform
grading, cutting, excavation, filling and stabilizing and related
road maintenance activities.
[Amended 4-2-1991 by Ord. No. 1-91]
All improvements shall be constructed in strict accordance with the approved plans, and no changes shall be made without written approval of the Township. In addition, to the extent necessary, any changes to plans shall be approved pursuant to the provisions of Chapter 130, Subdivision and Land Development. All improvements shall be considered to be private improvements for the benefit of the developer until such time as they have been formally accepted by the Township by ordinance, resolution, deed or other formal document. No responsibility of any kind with respect to improvements shall be transferred to the Township until such improvements have been formally accepted by the Township.
A.
At the time of initiation of construction, the developer
shall notify the Township Secretary so that appropriate Township officials
may inspect the road, street or drainage facility during construction.
The Township shall be notified at least three days in advance of the
intended date of construction of the base so that the subgrade may
be inspected. The Township shall be notified at least two days in
advance of the intended date of construction of the paved surface
so that the base course may be inspected. In the event that more than
one week (seven days) elapses between the time of preparation of the
subgrade and the installation of the base or if weather conditions
occur between the time of preparation of the subgrade or any inspection
thereof and the installation of the base, even if fewer than seven
days, which might reasonably affect the subgrade, the Township shall
inspect or reinspect prior to installation of the base. If more than
six weeks elapses between the date of inspection of the constructed
base course and the construction of the paved surface, a reinspection
shall be required prior to the construction of the paved surface.
B.
Upon completion of construction, the Township shall be notified so that the finished road may be inspected. Following any inspection made, the Township shall provide a report of inspection to the developer, in writing, within 48 hours. Irrespective of the results of inspection, any road or drainage facility shall not be deemed accepted for dedication until compliance with provisions of § 126-13. If after final inspection is made deficiencies in the method of construction are determined, the deficient work shall immediately be corrected by the developer. West Hempfield Township, at the developer's expense, may require tests of the road to determine whether the road complies in all respects with the approved plans, as modified, if applicable.
C.
No provisions of this section shall be construed as
mandating periodic inspections, and the undertaking of periodic inspections
by the Township shall not be construed as an acceptance of the work
during construction or as a final inspection of the construction.
At such time as the construction of the road
is found to meet all requirements of this article and the approved
plans, as modified, are applicable, the developer, prior to offering
the road for dedication, shall submit to the Board a Mylar as-built
plan of the road and any stormwater drainage facilities, which shall
form a part of the permanent records of the Township. The plan shall
be prepared using a scale of one inch equals 50 feet horizontal and
one inch equals 10 feet vertical, unless another scale is approved,
in writing, by the Board.
[Amended 4-2-1991 by Ord. No. 1-91]
Any person requesting the Township to accept the dedication of a road or street for public use or travel shall furnish the Board of Supervisors with a maintenance guaranty in the amount and of the form set forth in § 126-16, four copies of a survey of the road or street and a deed of dedication containing an accurate description of the land to be dedicated for road purposes, together with evidence satisfactory to the Township Solicitor that title to said land is good and marketable and free of all liens and encumbrances. Any person requesting the Township to accept dedication of a street shall also pay to the Township all costs incurred by the Township for the review and preparation of documents and filing of plans with the Clerk of Courts or Recorder of Deeds.
[Amended 4-2-1991 by Ord. No. 1-91]
Any person intending to construct any road or
street shall first furnish the Township with an acceptable form of
improvement guaranty in the amount and form as provided in the Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Amended 4-2-1991 by Ord. No. 1-91]
Plans which are submitted as part of an application
for subdivision or land development approval shall be processed and
approved in accordance with the procedure set forth in the West Hempfield
Township Subdivision and Land Development Ordinance.[1] Plans which are submitted which are not a part of an application
for subdivision or land development approval shall be reviewed by
the Township Engineer who shall make his or her recommendations to
the Board of Supervisors. Final approval of any such plans shall be
made by the Board of Supervisors. The formal acceptance of any street
and the execution of any documents relating thereto is reserved to
the Board of Supervisors.
[Added 4-2-1991 by Ord. No. 1-91]
A.
No action by the Board of Supervisors shall be construed
to require the Township to accept dedication of any road or street,
and no road or street shall be considered finally accepted by the
Township until the deed of dedication has been recorded and the resolution
of acceptance has been duly adopted and filed in the manner required
by the Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 65101
et seq.
B.
Notwithstanding final acceptance of any road or street
or any drainage facilities in connection therewith, the person who
offered the same for dedication shall remain responsible for the maintenance
thereof, snow removal excepted, for a period of 18 months from the
date of final acceptance and shall furnish the Township with a letter
or credit or with other security satisfactory to the Board of Supervisors
in the amount of 15% of the actual cost of the installation of such
improvements, guaranteeing the correction of all defective work and
material discovered during said eighteen-month period.
[Added 4-2-1991 by Ord. No. 1-91]
A.
The developer shall be solely responsible for maintaining
the site of the work in a safe condition at all times. Maintenance
and protection of traffic shall be in strict compliance with Pennsylvania
Department of Transportation Publication No. 203, Work Zone Traffic
Control. Failure of the Township to notify the developer of any unsafe
conditions shall not relieve the developer of his or her responsibility
and liability.
B.
All work shall be performed without damaging property
other than the property of the developer. The developer shall be responsible
for remedying any off-site damages promptly and to the satisfaction
of the damaged property owner before final approval and acceptance
of the work by the Township.
[Added 4-2-1991 by Ord. No. 1-91]
No person shall plow, cultivate, harrow, regrade
or in any way disturb the surface of the land within the right-of-way
of any Township road or street without approval of plans and/or issuance
of permits as required by this article.
[Amended 4-2-1991 by Ord. No. 1-91; 9-3-1996 by Ord. No. 9-93]
A.
Any person, firm or corporation who or which constructs,
opens or dedicates any road or any drainage facility in connection
therewith for public use or travel without having first complied with
all of the provisions of this article and the Township Subdivision
and Land Development Ordinance, as amended, and paid all fees required
by the Township, commits a misdemeanor of the third degree and shall
be subject to the penalties of the Pennsylvania Crimes Code for such
misdemeanor of the third degree. Such person shall also be liable
for all costs or damages incurred by the Township or property owners
in the course of correcting all substantive violations of state law
or Township ordinances or regulations resulting from or arising out
of such construction, opening or dedication or unlawful recording
of any plan. All fines and moneys so recovered shall be paid to the
Township Treasurer.
B.
If the Board of Supervisors or the officer designated
to enforce this article by the Board of Supervisors determines that
a person has committed or permitted the commission of a violation
of this article, the Board of Supervisors or such enforcement officer
shall inform such person in writing of the violation, shall notify
such person to cease the violation of this article and shall inform
such person that he or she must pay a civil penalty to the Township
within the range of the amounts set forth below to settle the violation.
The penalty for a first offense shall be not less than $50 and not
more than $600; the penalty for a second offense shall be not less
than $100 and not more than $600; and the penalty for a third or greater
offense shall be not less than $200 and not more than $600. If such
person fails or refuses to remit the penalty to the Township within
10 days from the date of the written notice of the violation of this
article, the Township may commence a civil enforcement proceeding
seeking penalties and costs for the violation of this article and/or
may commence an action in equity. The Township shall seek a judgment
for the penalty previously imposed, together with additional daily
penalties for continuing violations, plus all court costs, including
the reasonable attorneys' fees incurred by the Township in the enforcement
proceedings. Each day that a violation continues shall constitute
a separate violation, and each section of this article which is violated
shall constitute a separate violation. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
[Amended 5-6-1997 by Ord. No. 6-97]
