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; Ord. 11/3/1977; Ord. No. 2-2018, 6/7/2018; Ord. No. 1-2025, 2/6/2025]
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.
A. 
Private streets shall be permitted only where there are five or fewer existing or proposed dwelling units in the subdivision. For up to five dwelling units the private streets improved in accordance with this chapter may provide the required lot width for dwelling units. After five dwelling units have been constructed or proposed in any subdivision (regardless of whether or not any of them provide lot width on a private as opposed to public street), no additional lots for the location of dwelling units will be approved unless they are provided with the required lot width on a public street improved in accordance with the standards set forth in this chapter and unless all private streets providing lot width for dwelling units in the subdivision are improved in accordance with the requirements of this chapter and are accepted as public streets 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.
B. 
Each private street shall be subject to a recorded private street agreement that provides for the use and maintenance of the private street in a form approved by the Township Solicitor. Street numbers of lots located along a public street shall be clearly and visibly posted at the entrance to each lot as well as at the intersection of the private street and the nearest public street. The location and type of signage for street numbering of the lots on the private street shall be reviewed and approved by the Township and the local fire chief for compliance with this provision.
C. 
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 street or maintained by the public."
D. 
Each private street shall provide the same right-of-way and be constructed to the same standards as is required by this chapter for the construction of a "minor street." The private street shall be fully-constructed and opened prior to issuance of any building permits for the dwelling units in the subdivision. Each private street shall be maintained in a good, passable condition at all times in order to provide emergency access to the lots served by the private street. The private street may be inspected by the Township prior to issuance of any building permits for lots served by the private 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:
A. 
Three to one for fills.
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.
B. 
Zoning requirements.
C. 
Topography.
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.