1. The following land development principles, standards and requirements
will be applied by the Township in evaluating plans for proposed land
developments.
2. The standards and requirements outlined herein shall be considered
minimum standards and requirements for the promotion of the public
health, safety, morals and general welfare.
3. Where literal compliance with the standards herein specified is clearly
impractical, the Board of Supervisors may modify or adjust the standards
to permit reasonable utilization of property while securing substantial
conformance with the objectives of these regulations.
1. All land development plans must reflect a location which has given
consideration to the following factors:
A. The location of the land development must conform to the Township
Comprehensive Plan with respect to streets, public sites and proposed
utilities.
B. The proposed use of the land in any land development must conform to the Township Zoning Ordinance [Chapter
27].
C. Land subject to hazards of life, health or property as may arise
from fire, floods, disease, excessive noise, falling aircraft or considered
uninhabitable for other reasons may not be developed unless the hazards
have been removed or the plans show adequate safeguards against them.
D. A land development must be coordinated with existing land development
in the neighborhood so that entire area may be developed harmoniously.
[Ord. 5/6/1974; as amended by Ord. 12/4/1980, § III;
by Ord. 9/3/1981, § XVI; by Ord. 2000-3, 4/6/2000, § 1;
by Ord. 2002-2, 2/7/2002, §§ 3 and 12; by Ord. 2002-5,
5/2/2002, §§ 1, 2 and 3; and by Ord. 2002-9, 12/9/2002,
§ 10]
1. In the layout of any land development attention must be focused on
conditions which can affect development. These can include the following:
A. Location with Reference to Streets.
(1)
Except as set forth in Subsection 2 of this section, every lot proposed for subdivision or land development shall adjoin for its lot width as required by the Township Zoning Ordinance [Chapter
27] for a lot in the zone where the lot proposed for subdivision or land development is located, a road or street currently maintained by Hopewell Township or by the Commonwealth of Pennsylvania or a road or street which has been designed and improved in accordance with the provisions of §§
22-504,
22-505,
22-506,
22-507,
22-602 and
22-603 of this Chapter and the Construction and Materials Specifications for Subdivision and Land Development Manual adopted by the Board of Supervisors by resolution, as amended from time to time by the Board of Supervisors by resolution.
(2)
Exceptions. A lot or lots may be approved for subdivision or land development notwithstanding the provisions of Subsection
1A(1) of this section, provided that such subdivision or land development is in compliance with the provisions of clauses (a), (b), (c), (d) and (e) of this subparagraph as set forth below.
(a)
There are five or fewer lots in this subdivision. (For purposes of this clause the "subdivision" shall be considered to consist of all contiguous land owned on June 20, 1974 (the effective date of the Hopewell Township Zoning Ordinance [Chapter
27]) by the same landowner as lands owned by the applicant proposed for subdivision or land development. Land shall be considered contiguous even though separated by public or private roads. After five lots have been created in any subdivision (regardless of whether any or all of them have road frontage of the type required by Subsection
1A(1) of this section as set forth above) no additional lots will be approved unless all roads providing frontage for lots in the subdivision not currently maintained by the Township or by the Commonwealth of Pennsylvania are improved in accordance with the requirements of §§
22-602 and
22-603 of this Chapter, and the Construction and Materials Specifications for Subdivision and Land Development Manual adopted by the Board of Supervisors by resolution, as amended from time to time by the Board of Supervisors, by resolution.
(b)
No more than three dwellings may be served by any private road not improved in accordance with the provisions of §§
22-602 and
22-603 of this Chapter; providing, however, that notwithstanding the above, every property in independent ownership as of June 20, 1974 (the effective date of the Hopewell Township Zoning Ordinance [Chapter
27]) shall be entitled to at least one dwelling.
(c)
The plan sets forth in a conspicuous manner that the road or street which has not been improved in accordance with the provisions of §§
22-602 and
22-603 of this Chapter will remain a private road and will not be adopted or maintained by the Township.
(d)
Private roads shall be designed and constructed pursuant to
the standards set forth in the Construction and Materials Specifications
for Subdivision and Land Development Manual of Hopewell Township,
as may be amended from time to time.
(e)
If two or more lots are to be served by a private road, then,
prior to or as part of the subdivision approval, the owners of all
lots to be served by the private road shall enter into an agreement
setting forth the specific rights and obligations of the owners or
users of each lot addressing the use and maintenance of the private
street.
[Ord. 5/6/1974; as amended by Ord. 1998-4, 6/14/1998, § 1;
and by Ord. 2002-2, 2/7/2002, § 3]
1. All streets proposed to be constructed within the Township shall
conform to the following general design requirements:
A. Proposed streets shall be planned with regard to the existing street
system, public convenience in terms of fire protection and pedestrian
traffic, probable volumes of traffic, existing and proposed use of
land on abutting properties and future development extensions of the
street system.
B. Residential streets shall be so laid out as to discourage through
traffic; however, the arrangement of streets shall provide for continuation
of existing or platted streets and for proper access to adjoining
undeveloped tracts suitable for future development.
C. Proposed streets, which are aligned with existing streets, shall
bear the name of the existing street. In the event a proposed street
is not aligned with an existing street, it shall not bear a name similar
to any existing street located within the Township and/or the same
postal service area irrespective of the suffix street, avenue, boulevard,
drive, place, court, etc.
D. Streets shall be logically related to topography so as to produce
reasonable grades, satisfactory drainage and suitable building sites.
E. The streets must be properly located and built with regard to the
proposed traffic functions, including the minimizing of through traffic
on minor streets and the protection of major street capacities from
excessive marginal access.
F. The arrangement, character, extent, width, grade and location of
all streets and highways must conform to any applicable Township or
County Comprehensive Plan or official map.
G. Construction and Materials Specifications. The standards set forth
in this Part are in addition to those set forth in the Construction
and Materials Specifications for Subdivision and Land Development
Manual adopted by the Board of Supervisors by resolution, as amended
from time to time by the Board of Supervisors by resolution, which
manual is hereby authorized. To the extent that the standards in this
Part are or become inconsistent with the manual, the standards in
the manual shall control. To the extent that there is no inconsistency,
both the standards in this Part and in the manual shall apply.
[Ord. 5/6/1974; as amended by Ord. 11/3/1977]
1. Width. Minimum street widths shall be as follows:
|
Classification
|
Minimum Right-of-Way
|
Minimum Cartway Width
|
---|
|
Arterial or Limited Access Street
|
80-120 feet
|
As determined after consultation with the York County Planning
Commission and the Pennsylvania Department of Transportation
|
|
Collector Street
|
60 feet
|
36 feet
|
|
Minor Street
|
50 feet
|
28 feet
|
|
Marginal Access Street
|
Variable, but not less than 33 feet in addition to right-of-way
of the major streets it adjoins
|
20 feet
|
|
Permanent Cul-de-sac Street
|
50 feet
|
28 feet
|
|
Service Drive or Alley
|
22 feet
|
22 feet
|
2. Exceptions to Width Requirements. Provisions for additional street
width and right-of-way must be required when determined to be necessary
as a part of the Comprehensive Plan.
3. Existing Road Frontage. In the case of a plan containing lots fronting on an existing public road, the developer shall provide any required dedication for widening the existing road right-of-way to meet the right-of-way standards in Subsection
1. Where uncertainty exists as to the road classification, it shall be as specified in the Township Comprehensive Plan-Transportation Plan Section. The right-of-way to be dedicated must be measured from the center line of the existing roadway.
4. Dead-End Streets. Shall be prohibited, except when designed as temporary
cul-de-sac streets by the developer on his own land in order to permit
future street extensions into adjoining tracts. These temporary dead
end streets must be approved by the Township and indicated on the
plans. Also, they must be constructed with a stabilized all weather
turnaround of the same radius as that which would be required for
a permanent street; the turnaround to be removed when the street is
continued.
5. Cul-de-sac Streets. Should in general not exceed 500 feet in length
unless topographic conditions and/or tract shape warrant an increase
that is approved by the Township. They must be provided with a paved
turnaround with a minimum diameter of 80 feet to the outside curb
and 100 feet to the legal right-of-way. The length of a cul-de-sac
street shall be measured from the center of the turnaround to the
point of intersection of the center line of the cul-de-sac street
and the right-of-way line of the intersecting street.
6. Half Streets. Will not be permitted, except where dedication is for
widening of an existing publicly maintained road and the remaining
half of such road to the full width of right-of-way required is free
and clear of existing buildings or other structures to the required
setback line and the dedication or acquisition of the remaining half
street is otherwise possible. Whenever there is an existing half-street
adjacent to a tract to be developed, then the other half of the street
shall be platted and dedicated with such tract unless otherwise determined
by the Board of Supervisors.
7. Private Streets. Private streets shall be permitted only where there are five or fewer existing or proposed dwelling units in the subdivision. After five dwelling units have been constructed or proposed in any subdivision, (regardless of whether or not any of them have private as opposed to public road frontage) no additional lots for the location of dwelling units will be approved unless they are provided with public road frontage improved in accordance with the standards set forth in this chapter and unless all private roads providing frontage for dwelling units in the subdivision are improved in accordance with the requirements of this chapter and are accepted as public roads by the Board of Supervisors. In determining the number of dwelling units in the subdivision, all land which on June 20, 1974 (the effective date of the Hopewell Township Zoning Ordinance [Chapter
27]), was a part of the same parcel as defined by the Township Zoning Ordinance [Chapter
27] shall be considered part of the same subdivision. No more than one private street shall be permitted in any subdivision.
[Amended by Ord. No. 2-2018, 6/7/2018]
|
No more than one dwelling unit shall have its required road
frontage provided by a private road.
|
|
Any plan providing for development utilizing private streets
shall contain, in a conspicuous manner, the following language:
|
|
|
"The streets shown on this plan will not be adopted as a public
road or maintained by the public."
|
|
Each private road shall provide the same right-of-way as is
required by this chapter for the construction of a "minor street."
|
8. Vertical Curves. Changes in grade shall be joined by vertical curves;
a smooth grade line with gradual changes; as consistent with the type
of street and the character of terrain, should be strived for in preference
to a line with numerous breaks on short lengths of grades. Vertical
curves which do not satisfy the minimum stopping sight distance requirements,
specified elsewhere in this Chapter, shall not be approved.
9. Grades. The grades of streets must meet the requirements below:
|
|
Minimum Grade
|
Maximum Grade
|
---|
|
All Streets
|
5%
|
|
|
Arterial
|
|
6%
|
|
Collectors
|
|
7%
|
|
Minor Streets
|
|
12%
|
|
Cul-de-sac Streets
|
|
12%
|
|
Marginal Access Streets
|
|
12%
|
|
Alleys or Service Drives
|
|
14%
|
|
In all grades exceeding 1%, vertical curves must be used and
must be designed for proper sight distance.
|
10. Crown. The slopes of the crown on residential service and neighborhood
collector streets shall be at least c inch per foot but not more than
a inch per foot as directed by the Township Engineer.
11. Sight Distances. Proper sight distance must be provided with respect
to both horizontal and vertical alignment. Measured along the center
line, five feet above grade, the minimum sight distance must be as
follows:
|
Type of Street
|
Sight Distance
|
---|
|
Arterial
|
400 feet
|
|
Collector
|
200 feet
|
|
Minor
|
100 feet
|
|
Cul-de-sac
|
100 feet
|
12. Slope of Banks. Measured perpendicular to the street center line
may not exceed:
B. Two to one for cuts.
|
Such slopes shall be suitably planted with perennial grasses
or other vegetation to prevent erosion.
|
1. Angle of Intersections. Intersections must be as nearly at right
angles as possible. However, in no case should they deviate from the
standards below:
|
Type of Intersection
|
---|
|
Arterial with Arterial
|
Arterial with Collector
|
Collector with Collector
|
Collector with Minor
|
Minor with Minor
|
---|
Angle of Intersection of Street Center Lines
|
90°
|
75° to 105°
|
75° to 105°
|
75° to 105°
|
75° to 105°
|
2. Intersection Grades. Intersections must be approached on all sides
by level areas. Where the grade exceeds 7%, these level areas must
have a minimum length of 50 feet (measured from the intersection of
the center lines) within which no grade may exceed a maximum of 4%.
3. Intersection Curve Radii. Design of curb or edge of pavement must
take into account such conditions as types of turning vehicles, likely
speeds of traffic, angle of turn, number of lanes and whether parking
is permitted; however, curb or edge of pavement radii must not be
less than the following:
|
Type of Intersection
|
Minimum Simple Curve Radii of Curb or Edge of Pavement
|
---|
|
Arterial with Arterial
|
40 feet or more, as determined after consultation with Pennsylvania
Department of Transportation
|
|
Arterial with Collector or Minor
|
35 feet
|
|
Collector with Collector
|
30 feet
|
|
Collector with Minor Street
|
25 feet
|
|
Minor Street with Minor Street
|
20 feet
|
|
Three-centered compound curves equivalent to the above minimum
simple curves are permitted and encouraged where applicable.
|
|
Radius corners or diagonal cutoffs must be provided on the property
lines substantially concentric with, or parallel to, the cord of the
curb radius corners.
|
4. Intersection Sight Distances. Proper sight lines must be maintained
at all street intersections. Clear sight triangles of 75 feet (150
feet for arterial streets) measured along street center lines from
their points of junction shall be provided at all intersections and
no building, structure, grade or planting higher than three feet above
the center line of the street shall be permitted within such sight
triangles.
5. Distance Between Intersections. Shall be in accordance with the following:
|
Type of Intersection
|
---|
|
Arterial with Arterial
|
Arterial with Collector
|
Collector with Collector
|
Collector with Minor
|
Minor with Minor
|
---|
Minimum Distance Between Center Lines of Intersections
|
800 feet
|
800 feet
|
600 feet
|
500 feet
|
500 feet
|
Minimum Separation of Center Lines for Streets not in Alignment
|
Must be in alignment with planned or proposed streets entering
form opposite side
|
150 feet
|
150 feet
|
6. Multiple Intersections. Involving junction of more than two streets
shall be avoided. Where this proves impossible, such intersections
shall be designed with extreme care for both pedestrian and vehicular
safety.
[Ord. 5/6/1974; as amended by Ord. 12/4/1980, § XXIII;
by Ord. 1996-1, 1/2/1996, § XV; by Ord. 1998-4, 6/14/1998,
§ 2; and by Ord. 2002-2, 2/7/2002, § 3]
1. Required Location and Size of Service Drives or Alleys. In developments
with detached and semi-detached dwellings, alleys are prohibited except:
A. In the rear of lots that front on a major thoroughfare.
B. Where necessary to furnish access to rear yard garages on very steep
lots.
|
In other types of residential developments they may be permitted.
In Commercial or Industrial Districts without off-street loading areas,
alleys are required except as follows: Where other definite and assured
provision is made for service access, such as off-street loading,
unloading and parking consistent with and adequate for the uses proposed,
the Board of Supervisors may waive this alley requirement. No part
of any dwelling, garage or other structure may be located within 16
feet of the center line of an alley.
|
|
All service drives or alleys must be paved to a width of at
least 22 feet.
|
2. Dead-End Service Drives or Alleys. Where service drives or alleys
dead end, they must be provided with a paved turnaround with a minimum
diameter of 80 feet or a paved "Y" turnaround of sufficient size.
3. Access. Streets shall be laid out to provide access to all lots and
to adjacent undeveloped areas, and the developer shall improve these
streets to the limits of the development.
4. Access Drives. Within 10 feet of a street right-of-way line, an access
drive may not exceed 35 feet or be less than 10 feet in width.
|
On a street frontage, the number of access drives may not exceed
two per lot or dwelling.
|
|
An access drive may not cross a street right-of-way line:
|
A. Within 40 feet of the right-of-way line of an intersecting street.
B. Within five feet of a fire hydrant.
C. Within 25 feet of another access drive on the same property.
D. Within three feet of a property line.
|
The minimum angle between the center line of the access drive
and the street shall be not less than 65°.
|
|
An access drive must be located in safe relationship to sight
distance and barriers to vision. The drive may not exceed a slope
of 5% within 25 feet of the street right-of-way line.
|
|
Where a drive enters a bank through a cut, the shoulders of
the cut may not exceed 50% in slope within 25 feet of the point the
drive intersects the street right-of-way.
|
|
Access drives must provide reasonable access to the property
proposed to be served and must be designed so as not to unreasonably
erode the public street or road.
|
5. Reserve Strips. Controlling access to the development or to adjacent
areas are prohibited except when their control is definitely placed
in the jurisdiction of the Township under conditions approved by the
Board of Supervisors.
6. Street Names. Shall not duplicate existing or platted street names,
or approximate such names by the use of suffixes such as "lane," "way,"
"drive," "court," "avenue." In approving names of streets, cognizance
may be given to existing or platted street names within the postal
delivery district served by the Post Office. New streets shall bear
the same name of the existing or platted street of which they are
a continuation or with which they are in alignment. Street names must
be approved by the Board of Supervisors.
7. Construction and Materials Specifications. The standards set forth
in this Part are in addition to those set forth in the Construction
and Materials Specifications for Subdivision and Land Development
Manual adopted by the Board of Supervisors by resolution, as amended
from time to time by the Board of Supervisors by resolution, which
manual is hereby authorized. To the extent that the standards in this
Part are or become inconsistent with the manual, the standards in
the manual shall control. To the extent that there is no inconsistency,
both the standards in this Part and in the manual shall apply.
[Ord. 5/6/1974; as amended by Ord. 2002-2, 2/7/2002, § 3;
and by Ord. 2002-9, 12/9/2002, § 11]
1. The length, width and shape of blocks shall be determined with due
regard to the following:
A. Provision of adequate sites for type of buildings proposed.
D. Requirements for safe and convenient vehicular and pedestrian circulation.
2. Blocks shall have a maximum length of 1,600 feet, and so far as practical,
a minimum length of 500 feet. In the design of blocks longer than
1,100 feet, special consideration shall be given to the requirements
of satisfactory fire protection.
3. Residential blocks shall be of sufficient depth to accommodate two
tiers of lots, except where reverse frontage lots bordering a major
traffic street are used.
4. Pedestrian interior walks may be required where necessary to assist
circulation or provide access to community facilities. Crosswalks
shall have a width of not less than five feet and a paved walk of
not less than four feet.
5. In commercial and industrial areas, the block layout shall be designed
with reference to service of the public and with provisions for adequate
off-street parking and loading facilities.
[Ord. 5/6/1974; as amended by Ord. 12/4/1980, § XVIII;
by Ord. 9/3/1981, § VIII; and by Ord. 1996-1, 1/2/1996,
§ XVI]
1. Lot Layout in a Development. All lots within a development shall
conform to the following requirements.
A. Corner lots shall provide for equal setbacks on both streets.
B. Lot depths shall be not less than one nor more than 2 1/2 times
the average lot width.
C. Depth and width of parcels laid out or reserved for nonresidential
use shall be adequate for the use proposed and sufficient to provide
satisfactory space for off-street parking and unloading.
D. Residential lots shall front on a dedicated public street, existing or proposed, except as provided by §
22-503, Subsection
1A, of this Chapter.
E. Lots shall be drawn to the center of the road, if possible.
F. Double frontage lots are prohibited, except where employed to prevent
vehicular access to major traffic streets.
G. Side lot lines shall be substantially at right angles or radial to
street lines.
H. Lots shall be reasonable in shape and average lot width shall not
be substantially greater than nor substantially less than the lot
width measured at the minimum setback line for the zone in which the
lot is located.
2. Lot Dimensions. The dimensions and areas of the lots must conform to the Township Zoning Ordinance [Chapter
27]. Where no public water and public sewerage system exist, the minimum dimension and areas of lots required by the Township Zoning Ordinance [Chapter
27] must be evaluated with regard to the results of soil percolation tests.
|
The Board of Supervisors, in conjunction with the Pennsylvania Department of Environmental Protection, must analyze the results of the soil percolation tests performed on the development, in accordance with § 22-403. On the basis of this analysis, the Township may increase the minimum lot sizes and widths specified in the Township Zoning Ordinance [Chapter 27].
|
|
Multi-family dwelling types may be built only where public water and public sewer are provided. For these dwellings the minimum lot size, width and depth shall be as provided in the Township Zoning Ordinance [Chapter 27].
|
3. Setback Lines. The setback lines for buildings must conform to the Township Zoning Ordinance [Chapter
27].
4. Planting Screens. Where lots face an interior street and back on
a major thoroughfare or abut properties in other uses with an adverse
effect upon them, a planting strip at least 15 feet wide or a screen
may be required along the back or abutting side of the lot as the
case may be. No right-of-access may open onto or through the strip.
5. Grading. Lots shall be graded to sufficient elevation to secure drainage
away from buildings and to prevent the collection of stormwater in
pools. Roof drainage shall be provided for according to recommendations
of the engineer or such other official as may be designated by the
Board of Supervisors. Top soil shall be preserved and redistributed
as cover and shall be suitably planted with perennial grasses or ground
cover.
6. Residential Parking. At least two off-street parking spaces with
access to a public street shall be provided for each proposed dwelling
unit. Where such access is to other than a residential service street,
adequate turnaround space shall be provided on the lot.
7. House Numbers. House numbers shall be assigned to each lot by the
Township.
[Ord. 5/6/1974; as amended by Ord. 2002-2, 2/7/2002, § 3]
1. Requirements. Based upon the results of the feasibility report required in §
22-403, the development must be provided with sanitary sewage disposal facilities as follows:
A. Where there is an existing public sanitary sewer system on or near
the development, a complete sanitary sewer collection system must
be installed and connected the existing public sanitary sewer system.
B. Sanitary sewers shall not be used to carry stormwater.
C. Where there is no existing public sanitary sewer system and the feasibility
report indicates that a public sanitary sewer system and treatment
plant is not feasible, the adequate provision of on-site subsurface
sewer disposal systems must be investigated.
D. If on-site subsurface sewage disposal systems or connection to a
public sanitary sewer system or installation of a public sanitary
sewer system are not feasible, the development shall not be approved.
[Ord. 5/6/1974; as amended by Ord. 2002-2, 2/7/2002, § 3]
1. Requirements. Based upon the results of the feasibility report, the
development must be provided with water supply facilities as follows:
A. Where there is an existing public water supply system on or within
1,000 feet of the development, a complete water main system connected
to the existing public water supply system must be provided.
B. Where no public water supply system exists, the developer shall provide
for the installation of a complete public water main system.
C. Where there is no existing public water supply and the feasibility report indicates that connection to or installation of a public water supply system is not feasible, each lot in the development must be provided with an individual water supply system in accordance with §
22-403 and approved and certified by the Pennsylvania Department of Environmental Protection and the Township Engineer.
[Ord. 5/6/1974; as amended by Ord. 2/1/1979, § III;
by Ord. 12/4/1980, §§ XIII, XIV and XV; by Ord. 6/2/1988,
§ IV and VI; by Ord. 1998-4, 6/14/1998, § 3; by
Ord. 2002-2, 2/7/2002, §§ 3 and 13; and by Ord. 2011-7,
11/3/2011, § 7]
1. The requirements for storm drainage for all subdivision or land development plans shall meet the requirements of the Hopewell Township Stormwater Management Ordinance [Chapter
23], and, if appropriate, the Township's Construction and Materials Specifications for Subdivision and Land Development. In the event that the provisions of the Township's Stormwater Management Ordinance [Chapter
23] and its manual conflict, the provisions of the Stormwater Management Ordinance [Chapter
23] shall take precedence.
2. For any subdivision or land development subject to this Chapter, a violation of the Hopewell Township Stormwater Management Ordinance [Chapter
23] shall also be a violation of this Chapter.
[Ord. 5/6/1974; as amended by Ord. 1998-4, 6/14/1998, § 4;
by Ord. 2002-2, 2/7/2002, §§ 3, 14 and 15; and by Ord.
2002-9, 12/9/2002, § 12]
1. Easements, Width and Location. Easements with a minimum width of
15 feet shall be provided for poles, wires, conduits, storm and sanitary
sewers, gas, water and heat mains and/or other utility lines intended
to service the abutting lots or all lots created by or existing in
the Subdivision or Land Development Plan. No structures shall be placed
within such easements. To the fullest extent possible, easements shall
be centered on or adjacent to rear or side lot lines.
2. Underground Installations. Electric, telephone and all other utility facilities shall be installed underground at the expense of the developer in developments of five or more lots. No such underground installation, including natural gas lines or petroleum lines identified in Subsections
3 and
4 shall be placed closer than two feet from the edge of the curb farthest from the cartway, as set forth in §
22-402, Subsection
3M.
3. Natural Gas Lines. All natural gas lines must be installed in compliance
with the USAS Code B31.8, 1968, as amended. The minimum distance from
a natural gas line to a dwelling unit must be as required by the applicable
transmission or distributing company.
4. Petroleum Lines. Between a proposed dwelling unit and the center
line of a petroleum products transmission line which may traverse
the development, there must be a minimum distance of 100 feet measured
in the shortest distance. In instances such that topographic conditions
decrease the hazards involved or in which it would cause undue hardship
in the efficient layout of the development, the Board of Supervisors
may reduce this requirement.
5. Construction and Materials Specifications. The standards set forth
in this Part are in addition to those set forth in the Construction
and Materials Specifications for Subdivision and Land Development
Manual adopted by the Board of Supervisors by resolution, as amended
from time to time by the Board of Supervisors by resolution, which
manual is hereby authorized. To the extent that the standards in this
Part are or become inconsistent with the manual, the standards in
the manual shall control. To the extent that there is no inconsistency,
both the standards in this Part and in the manual shall apply.
[Ord. 5/6/1974; as amended by Ord. 2/1/1979, § I;
by Ord. 9/3/1981, § XV; by Ord. 11/6/1986, § I;
by Ord. 6/1/1989, § X; by Ord. 1996-5, 5/2/1996, § 1;
by Ord. 2000-1, 1/4/2000, § 1; by Ord. 2002-2, 2/7/2002,
§§ 3 and 16; by Ord. 2004-3, 5/6/2004, § 1;
by Ord. 2005-4, 3/3/2005, § 1; by Ord. 2006-1, 1/3/2006,
§ 1; and by Ord. 2008-3, 2/7/2008, § 1]
1. Where a proposed park, playground, open space or other local or neighborhood
recreation site is shown on the Comprehensive Plan or where the Township
considers that a local recreation site is necessary to carry out the
purpose of this chapter, the Township may require the dedication of
all or a portion of such site in accordance with the standards following:
A. The land to be dedicated must be of suitable size, dimensions, topography,
access and general character for the proposed use.
B. The amount of land so required for this purpose shall be 0.02 acres
of land for each lot or dwelling unit shown on the final plan.
2. Where the application of these standards would result in an open
space or recreation site too small to be usable, or if the Comprehensive
Plan calls for such local recreation site to be located elsewhere,
or if a suitable local recreation site cannot be properly located
in the land development, as determined by the Township, a payment
of a fee in an amount to be established by the Township Board of Supervisors
from time to time shall be paid for each proposed dwelling unit or
residential lot, pursuant to a formula to be separately established
by the Board of Supervisors. To that end, the Board of Supervisors
is authorized from time to time to enter into agreements with adjoining
municipalities who are parties to the Hopewell Area Recreation and
Park Board, or other duly created boards or authorities: to set forth
the terms and basis for any such recreation fees or any fee increases;
to set the terms and conditions of the operation of the Hopewell Area
Recreation and Park Board, or other duly created boards or authorities;
and to enter into other matters relating to the Hopewell Area Recreation
and Park Board, or other duly created boards or authorities. By this
subsection, the Board of Supervisors ratifies and adopts all previous
agreements among the municipalities participating in and relating
to the Hopewell Area Recreation and Park Board.
A. The fee must be paid to the Township prior to the approval of the
final plan.
B. All monies paid to the Township in this manner shall be kept in an
interest-bearing account established as provided by law. Monies in
such account shall be used for improving, providing, acquiring, operating
or maintaining park or recreational facilities.
[Amended by Ord. No. 2-2018, 6/7/2018]
3. The recreation fee authorized by this section shall be $3,200 for each proposed dwelling unit or residential lot, which is approximately 4% (rounded down to the nearest $100) of the present average selling price for a residential lot in the Township as determined by the Board of Supervisors. Pursuant to the agreement between the Township and the adjoining municipalities who are parties to the Hopewell Area Recreation and Park Board, as referenced in Subsection
2, above, as amended from time to time, the recreation fee of Hopewell Township shall be established from time to time by the Board of Supervisors, but shall be no less than 2% nor more than 5% of the average selling price of a residential lot in the Township as established by the Board of Supervisors.
[Amended by Ord. No. 1-2021, 1/4/2021]
4. In lieu of requiring the dedication of a recreation or park site,
or a fee for this purpose, the Board of Supervisors may permit a private
site to be used if:
A. In its judgement the purposes of these regulations regarding recreation
and park sites will be accomplished.
B. The private site is permanently devoted to recreation and park use
and adequately secured for such use by deed covenants or other private
restrictions.
In large-scale land developments the dedication of sites for
other appropriate public uses, such as but not limited to schools,
library and public service buildings, may be required. Such areas
or sites must be of a character, extent and location as to be clearly
related to the local and neighborhood needs of the residents of the
development. No land may be required for dedication which would primarily
serve the need of the Township as a whole as distinguished from the
development or neighborhood.
[Ord. 5/6/1974; as amended by Ord. 2002-2, 2/7/2002, § 17;
and by Ord. 2002-9, 12/9/2002, § 13]
Wherever possible, developers may be required to preserve trees (more than six inches in diameter at the base of the trunk), groves, scenic and historic places, and other community assets and landmarks. See §
22-402, Subsection
3L, relating to trees.
1. Where a land development is traversed by a watercourse, stream, channel
or other drainageway, the developer must provide a drainage easement
conforming substantially to the existing alignment of the drainageway.
The easement must be a width adequate to:
A. Preserve the unimpeded flow of natural drainage.
B. Widen, deepen, relocate, improve or protect the drainageway.
C. Install a stormwater sewer.
2. Any changes in the existing drainageway must be approved by the Pennsylvania
Water and Power Resources Board.
[Ord. 5/6/1974; as amended by Ord. 12/4/1980, § XXII;
and by Ord. 2002-9, 12/9/2002, § 7]
Any subdivider or developer who proposes to engage in an earth
moving activity on any subdivision or land development shall prior
to final plan approval prepare an erosion and sediment control plan
and obtain a permit, if applicable, according to the provisions of
25 Pa. Code, Chapter 102, "Erosion and Sediment Control," the Pennsylvania
Department of Environmental Protection. Such erosion and sediment
control plan shall be approved by the York County Conservation District.
[Ord. 5/6/1974; as added by Ord. 2009-3, 9/25/2009, § 2]
1. In addition to the provisions of this chapter, all portions of properties in the Township which are located in a floodplain area as identified in the Federal Emergency Management Agency (FEMA) 2009 Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) and/or as defined in the Hopewell Township Floodplain Management Ordinance of 2009 [Chapter
8] or its successors, shall also be subject to and regulated by the provisions of the Hopewell Township Floodplain Management Ordinance of 2009 or its successors and the Hopewell Township Zoning Ordinance [Chapter
27].
2. To the extent the Township's Floodplain Management Ordinance of 2009 [Chapter
8] or its successors is more restrictive than, or conflicts with, this chapter, the provisions of the Township's Floodplain Management Ordinance of 2009 or its successors shall apply. To the extent that there is no conflict, or the provisions of this chapter are more restrictive, the provisions of this chapter shall apply.
3. Activities in the floodplain as identified in FEMA's 2009 Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) are regulated by the Pennsylvania Flood Plain Management Act, 32 P.S. § 679.101 et seq. (PFPMA), and the Township's Floodplain Management Ordinance of 2009 [Chapter
8] or its successors. Pursuant to § 204 of the PFPMA, 32 P.S. § 679.204, the standards of the National Flood Insurance Program (NFIP) shall be deemed the minimum standards for the management of properties in the floodplain as defined and identified in the FIS, FIRMs and/or the Township's Floodplain Management Ordinance of 2009 [Chapter
8] or its successors, and the power of the Board of Supervisors or any other body to grant waivers, variances or other relief from the provisions of the Floodplain Management Ordinance of 2009 or its successors pursuant to this Subdivision Chapter shall be limited to those minimum requirements of the NFIP, as provided in § 204 of the PFPMA, 32 P.S. § 679.204, and the Township's Floodplain Management Ordinance of 2009 or its successors.