Copies of this Chapter shall be available at reasonable charge
on request for the use of any person who desires information concerning
subdivision and land development standards and procedures in effect
within Hopewell Township. Any prospective developer may request a
meeting with the Planning Commission to discuss and review tentative
plans and discuss the applicability of the provisions of this Chapter.
[Ord. 5/6/1974; as amended by Ord. 2002-2, 2/7/2002, § 3]
1.
Where a land development plan includes improvements, the developer may submit a sketch plan to the Planning Commission in accordance with the provisions of § 22-401.
2.
Such sketch plan will be considered as submitted for informal review
and discussion and shall not constitute formal filing of the plan
with the Township.
3.
As far as may be practical on the basis of the sketch plan review
and discussion, the Township will informally advise the developer
as promptly as possible of the extent to which the proposed land development
conforms to the design standards of these regulations Part 5 and will
discuss possible plan modifications necessary to secure conformance.
[Ord. 5/6/1974; as amended by Ord. 12/4/1980, § XI;
by Ord. 2002-2, 2/7/2002, § 3; and by Ord. No. 2-2018, 6/7/2018]
1.
Applications for approval of preliminary or final plans for all proposed land developments lying within the Township shall be submitted to the Township Manager. Such submissions of plans shall be accompanied by a fee as specified in § 22-804.
2.
The initial plan filed with the Township Manager shall be considered as a preliminary plan. However, in the event that an initial land development is five lots or less and involving no new streets or other public improvements, the applicant may proceed directly to final plan preparation in compliance with the requirements of § 22-404. This plan shall combine the requirements for a final plan and those for a preliminary plan and shall include all of the information required by §§ 22-402 and 22-404 of this chapter, including the required feasibility study on sewer facilities and a drawing of all present and proposed grades and facilities for stormwater drainage. The processing of a minor land development shall be consistent with the procedures for processing a final plan as required in this Part.
3.
The applicant shall submit an original copy of the preliminary and
final plans with the application along with five copies, blue or black
ink paper prints, as well as two copies of the required supporting
data, including, but not limited to, the sewage planning module with
the proposed location of sewage facilities and the location of soil
percolation tests and core borings. In addition to the print copies
of the preliminary and final plans, the applicant shall submit an
electronic copy of any and all plans to the Township Manager at or
before submission of the print copies.
[Ord. 5/6/1974; as amended by Ord. 1994-4, 7/7/1994, § 1;
by Ord. 2002-2, 2/7/2002, § 3; by Ord. 2002-9, 12/9/2002,
§§ 5 and 6; and by Ord. No. 2-2018, 6/7/2018]
1.
The applicant shall forward copies of all plans to the entities listed
below, and shall inform each of them when the plan has been received
by the Township, and at which meeting it will be considered by the
Board of Supervisors. The Board of Supervisors shall only consider
comments that are obtained as a result of a proper submission as set
forth herein. The submissions required herein by the Township shall
be as follows:
A.
Once submitted to the Township pursuant to § 22-303, all plans, whether preliminary or final, shall be forwarded by the applicant to the following for review and recommendation:
(1)
One copy shall be transmitted to the York County Planning Commission as required by § 22-103 of this chapter.
(2)
One copy shall be transmitted to all affected public utilities
who shall be requested to make recommendations as to the suitability
of installing underground telephone lines, electric lines and/or sewer
lines.
(3)
One copy shall be transmitted to the Township Engineer for review
of engineering requirements. This requirement may be waived by the
Township Zoning Officer upon written request by the applicant.
(4)
Copies, as required, to the Pennsylvania Department of Environmental
Protection with the required sewage planning module.
(5)
One copy shall be transmitted to the Codes Enforcement and/or
Zoning Officer.
(6)
One copy shall be transmitted to the Township Solicitor.
(7)
One copy shall be transmitted to the Solicitor for the Hopewell
Township Planning Commission.
B.
The applicant shall be responsible for all fees associated with the
submission of all plans.
C.
The applicant shall provide proof of submission to all entities listed
in § 22-304A within five days of plan submission to the
Township. Failure to provide proof of submission will result in an
automatic rejection of the plan.
[Ord. 5/6/1974; as amended by Ord. 2002-2, 2/7/2002, § 3;
and by Ord. 2002-9, 12/9/2002, § 7]
1.
All plans, whether preliminary or final, shall be reviewed by the
Township with reference to the following:
A.
The standards and requirements of this chapter.
B.
Any proposals contained in the Township Comprehensive Plan.
C.
Site suitability for the particular type of development proposed.
D.
The availability for necessary services and facilities.
F.
The Official Map of Hopewell Township.
G.
The improvements, design and dedications or reservation required
by this chapter.
H.
Any State highway, either existing or proposed by the Pennsylvania
Department of Transportation.
2.
In addition, comments and recommendations from the following persons
or agencies shall be given consideration:
3.
The Board of Supervisors may, by resolution, adopt supplemental policies
and procedures for plan submissions and review.
[Added by Ord. No. 2-2018, 6/7/2018]
Before acting on any land development plan, the Board of Supervisors
may hold a public hearing thereon pursuant to public notice.
[Ord. 5/6/1974; as amended by Ord. 6/1/1989, §§ III,
IV and VI; by Ord. 3/4/1993, § I; by Ord. 2001-2, 2/1/2001,
§ 1; by Ord. 2002-2, 2/7/2002, § 3; and by Ord.
2002-9, 12/9/2002, § 8]
1.
At a scheduled public meeting, the Board of Supervisors shall render
its decision on the plan, whether preliminary or final, not later
than 90 days following the date of the regular meeting of the Planning
Commission next following the date the application is filed or after
final order of court remanding an application; provided, however,
that should the next regular meeting of the Planning Commission occur
more than 30 days following the filing of the application or the final
order of the court, then the ninety-day period shall be measured from
the thirtieth day following the day the application was filed.
2.
Final plan approval shall not be granted until such improvements as required by this chapter and shown on such final plan have been completed or guarantee posted as required in Part 6.
3.
The decision of the Board of Supervisors concerning plan approval,
whether preliminary or final, shall be in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
not later than 15 days following the decision.
4.
If the plan is approved by the Township Board of Supervisors subject
to modifications or conditions, the applicant shall approve or reject
such modifications or conditions within 30 days of receiving notice
of such modifications or conditions either personally or in writing.
For purposes of this subsection, notice to an individual presenting
the plan on behalf of the applicant, whether such individual be the
applicant himself, a relative of the applicant, an officer of the
applicant, an attorney, a surveyor, an engineer or otherwise, shall
be notice to the applicant, and such person presenting the plan on
behalf of the applicant shall be deemed to have authority to, on behalf
of the applicant, accept or reject such modifications or conditions.
The failure to accept or reject such modifications or conditions within
the thirty-day period shall be considered to be a rejection of the
same, and the conditional approval by the Township Board of Supervisors
shall be revoked and the plan rejected, and the applicant shall be
notified in writing within 10 days following the date of such revocation.
[Amended by Ord. No. 2-2018, 6/7/2018]
5.
When the plan is not approved in terms as filed, or subject to modification
or conditions approved by the applicant, the decision shall specify
the defects found in the plan and describe the requirements which
have not been met and in each case cite to the provisions of the regulations
relied upon.
6.
All approvals of final plans, and of any preliminary plans which
are to be recorded in the office of the Recorder of Deeds in and for
York County, Pennsylvania, shall be conditional approvals. In addition
to any other conditions of approval, such approval shall be conditioned
on the following:
[Amended by Ord. No. 2-2018, 6/7/2018]
A.
The payment of all review fees by the applicant; and
B.
The posting of a financial surety in a form satisfactory to the Township
Solicitor, whenever applicable.
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After the plan has been executed by the Board of Supervisors, a Township representative shall then take a notarized copy of the plan, which copy is intended to be recorded in the office of the Recorder of Deeds, to the Tax Map Office of York County, for the assignment of uniform parcel identifier numbers, which numbers shall be placed on the appropriate table on the plan, as required in § 22-404. After those numbers are assigned, the plan shall be recorded in the office of the Recorder of Deeds in and for York County, Pennsylvania, by the Township representative. The costs associated with the recording of the plan shall be paid by the applicant.
|
7.
Failure of the Board of Supervisors to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed as approval of the application in terms as presented
unless the applicant has agreed in writing to an extension of time
or change in the prescribed manner of presentation or communication
of the decision, in which case, failure to meet the extended time
or change in manner of presentation of communication shall have like
effect.
8.
From the time the application for approval of a plan, whether preliminary
or final, is submitted as provided in this chapter and while such
application is pending approval or disapproval, no change or amendment
of the Zoning, Subdivision and Land Development or other Township
ordinance or plan shall affect the decision on such application adversely
to the applicant, and the applicant shall be entitled to a decision
in accordance with the provisions of the Township ordinances or plans
as they stood at the time the application was duly submitted. In addition,
when a preliminary plan has been duly approved, the applicant shall
be entitled to final approval in accordance with the terms of the
approved preliminary plan as hereinafter provided.
[Amended by Ord. No. 2-2018, 6/7/2018]
9.
However, if a plan is properly and finally denied, any subsequent
plan shall be subject to the intervening change in Township regulations.
When an application for approval of a plan, whether preliminary or
final, has been approved or approved subject to conditions acceptable
to the applicant, no subsequent change or amendment in the Zoning,
Subdivision and Land Development or other Township ordinance or plan
shall be applied to affect adversely the right of the applicant to
commence and to complete any aspect of the approved development in
accordance with the terms of such approval within five years from
such approval. The five-year period shall be extended for the duration
of any litigation, including appeals, which prevent the commencement
or completion of the development, and for the duration of any sewer
or utility moratorium or prohibition which was imposed subsequent
to the filing of an application for preliminary approval of the plan.
In the event of an appeal filed by any party from the approval or
disapproval of a plan, the five-year period shall be extended by the
total time from the date the appeal was filed until a final order
in such matter has been entered and all appeals have been concluded
and any period for filing appeals or requests for reconsideration
have been concluded. Where final approval is preceded by preliminary
approval, the five-year period shall be counted from the date of the
preliminary approval. In the case of any doubt as to the terms of
a preliminary approval, the terms shall be construed in the light
of the provisions of the Township ordinances or plans as they stood
at the time when the application for such approval was duly submitted.
[Amended by Ord. No. 2-2018, 6/7/2018]
1.
Approval of the preliminary plan by the Board of Supervisors constitutes
conditional approval of the development as to the character and intensity
of development, the general layout, and the approximate dimensions
of streets, lots and other planned features. This approval binds the
developer to the general scheme shown on the preliminary plan.
2.
Approval of the preliminary plan shall not constitute approval of
the final plan, nor does it authorize recording of the preliminary
plan or the sale of any lots, however, such approval does authorize
the developer to proceed with the preparation of the final plan, installation
and construction of improvements and/or the posting of a bond guarantee
as specified in this chapter.
[Ord. 5/6/1974; as amended by Ord. 2002-2, 2/7/2002, § 4]
Approval of the final plan by the Board of Supervisors constitutes
final approval of the land development as to the character and intensity
of development, the layout, and the dimensions of streets, lots and
other planned features. This approval binds the developer to the scheme
shown on the final plan. The final plan must be recorded in the office
of the Recorder of Deeds before the developer can proceed with the
sale of any lots or the construction of buildings or structures.
[Ord. 5/6/1974; as amended by Ord. 1995-2, 1/3/1995, § 1;
and by Ord. 2002-2, 2/7/2002, § 5]
1.
Upon approval of the final plan, and upon the developer meeting all
contingencies or conditions of said approval, if any, the Township
shall, within 90 days of such approval and the meeting of all contingencies
and conditions, if any, or the date the approval of the Board of Supervisors
is noted on the plan, whichever is later, record such plan in the
office of the Recorder of Deeds of York County. In the event that
there are contingencies or conditions to said approval, and the developer
should fail to meet all such contingencies within 90 days, then prior
to the expiration of said 90 days, the developer shall seek an extension
of said approval for a fixed additional period of time, not to exceed
90 days. Failure by the developer to seek such an extension, or failure
or refusal of the Board of Supervisors to grant such extension shall
render the original contingent approval null and void.
2.
The recording of the final plan shall not constitute grounds for
assessment increases until such time as lots are sold or improvements
are installed on the land included within the subject plan, but no
lots may be sold or construction of buildings or structures commenced
until the final plan is recorded.
For any replatting or resubdivision of land, the same procedures
and regulations apply as prescribed herein for an original subdivision.
