[Ord. 5/6/1974; as amended by Ord. 1996-1, 1/2/1996, § XXIII;
and by Ord. 2002-9, 12/9/2002, § 1]
It shall be the duty of the Building Inspector, Zoning Officer
or such other official who is properly authorized by the Township
Board of Supervisors to enforce the provisions of this chapter. The
Enforcement Officer shall require that the application for a building
or zoning permit contain all information necessary to enable him to
ascertain whether the proposed building, alteration, or use is located
in an approved land development. No building or zoning permit shall
be issued until the Enforcement Officer has certified that the site
for the proposed building, alteration, or use complies with all the
provisions of this chapter and conforms to the site description as
indicated on the approved and recorded final plan.
1.
The regulations embodied in this chapter are the minimum standards
for the protection of the public welfare. When special circumstances
warrant, the Township may impose stricter standards.
2.
Where a provision of this chapter would cause unique and undue hardship
as it applies to a particular property, the Board of Supervisors may
grant a modification from the strict application of the terms of this
chapter if the variation will not be detrimental to the general welfare,
nullify the objectives of these regulations or conflict with the Comprehensive
Plan. In granting the modification the Board of Supervisors may impose
conditions, which will substantially secure compliance with the purposes
of this chapter.
The Board of Supervisors may on its own motion, or upon recommendation
of the Planning Commission amend, supplement or repeal any portion
of this chapter. Amendments to this chapter shall become effective
only after a public hearing held pursuant to public notice. In addition
in case of an amendment other than that prepared by the Planning Commission,
the Board of Supervisors shall submit each such amendment to the Planning
Commission for recommendations at least 30 days prior to the date
fixed for the public hearing on such proposed amendment.
[Ord. 5/6/1974; as amended by Ord. 2/1/1979, § II;
by Ord. 9/6/1979; by Ord. 6/2/1983; by Ord. 8/4/1988; by Ord. 3/7/1991;
by Ord. 3/4/1993, § IV; by Ord. 1994-2, 6/2/1994, §§ 1,
2, 3, 4, 5, 6, 7, 8, and 9; by Ord. 2002-2, 2/7/2002, §§ 22
and 23; by Ord. 2011-7, 11/3/2011, § 10; and by Ord. No.
2-2018, 6/7/2018]
1.
Filing a Preliminary Plan. At the time of filing a preliminary subdivision
or land development plan, the applicant shall pay to the Township
a basic filing fee in such amounts as shall be set by the Hopewell
Township Board of Supervisors from time to time by resolution.
2.
Filing a Final Plan. At the time of filing a final subdivision or
land development plan, the applicant shall pay to the Township a basic
filing fee in such amounts as shall be set by the Hopewell Township
Board of Supervisors from time to time by resolution.
3.
All costs and fees charged by the Pennsylvania Department of Environmental
Protection or other regulatory or reviewing agencies shall be paid
directly by the applicant to the regulatory or reviewing agency.
4.
All costs and fees charged by York County Planning Commission shall
be paid directly by the applicant.
5.
In the event that the Board of Supervisors schedules a special meeting
for the consideration of any subdivision or land development plan,
or any matters relating to a subdivision or land development plan,
when requested or agreed to by the applicant, then the applicant shall
be required to pay a separate fee for the scheduling of such special
meeting in an amount to be established by the Board of Supervisors
by resolution, which fee shall be paid to the Township prior to the
scheduling of the special meeting.
6.
The applicant shall pay all costs incurred by the Township prior
to approval of the preliminary or final plan for the following:
A.
The Township's costs incurred for review by the Township Engineer,
including without limitation:
(1)
Reviewing the subdivision or land development plan engineering
in detail.
(2)
Inspecting the site for conformance of survey.
(3)
Preparing the cost estimates of required improvements.
(4)
Inspecting of required improvements during installation.
(5)
Final inspection on completion or installation of required improvements.
B.
Legal fees incurred by the Township during the time the plan is being
reviewed by the Planning Commission and Supervisors.
C.
An administrative fee in an amount to be determined by the Township
Board of Supervisors from time to time by resolution for each meeting
of the Planning Commission or Board of Supervisors during which the
preliminary plan or final plan is reviewed.
D.
Reasonable costs of site review by the Codes Enforcement Officer,
Sewage Enforcement Officer or Zoning Officer and/or by the Township
Agricultural Review Committee.
E.
Other administrative, engineering and legal services necessary for
evaluating and processing the proposed subdivision or land development,
including the preparation and review of any necessary deeds, easements,
declarations, stormwater agreements, development agreements and/or
security arrangements.
F.
The total filing fee for the recording of the plans and associated
agreements with the York County Recorder of Deeds.
7.
The applicant shall deposit into escrow an amount, which shall be set by the Hopewell Township Board of Supervisors from time to time by resolution, for the payment of reasonable costs incurred by the Township as set forth in § 22-804, Subsection 5. The Township reserves the right to request additional escrow funds as deemed necessary at any time prior to the recording of the final plan.
8.
Within 90 days following the recording of the preliminary or final
plan, as applicable, the Township shall provide the applicant with
a statement of the escrow deposits and costs deducted therefrom. If
there is a refund of deposit money due to the applicant, such refund
will be delivered with the statement. If the applicant owes additional
money for costs, the statement will constitute an invoice with payment
due within 30 days thereafter. The applicant shall be liable for costs,
including but not limited to court costs, interest and reasonable
counsel fees, for any outstanding balance upon the passage of the
payment deadline set forth herein.
10.
No lot in a land development plan shall be sold, rented, leased or
conveyed in any manner; no permits to erect, alter or repair any building
shall be issued; and no building shall be erected in a land development
until all fees and charges required by this section have been paid
in full and any and all unpaid fees incurred in connection with previously
submitted subdivision or land development plans for any land included
within the proposed subdivision or land development, whether or not
such plans were submitted by the present owner of such land, have
been paid in full.
[Ord. 5/6/1974; as amended by Ord. 6/1/1989, § V;
and by Ord. 2016-1, 1/4/2016]
1.
No lot in a land development shall be sold, rented, leased or conveyed
in any manner; no permit to erect, alter or repair any building upon
land in a land development shall be issued; and no building shall
be erected in a land development until a final plan of such land development
has been approved and properly recorded with all fees paid and until
improvements have been either constructed or guaranteed.
[Amended by Ord. No. 2-2018, 6/7/2018]
2.
Any person, partnership or corporation who or which being the owner
or agent of any lot, tract or parcel of land shall lay out, construct,
open and dedicate any street, sanitary sewer, storm sewer, water main
or other improvements for public use, travel or other purposes or
for the common use of occupants of buildings abutting thereon, or
who sells, transfers or agrees or enters into an agreement to sell
any land in a subdivision or land development whether by reference
to or by use of a plan of such subdivision or land development or
otherwise, or erect any building thereon, unless and until a final
plan has been prepared in full compliance with the provisions of this
chapter and has been recorded as provided herein or who in any other
way be in violation of any of the provisions of this chapter shall
upon being found liable therefore in a civil proceeding commenced
by the Township, pay a judgment of not more than $500 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
magisterial district judge. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation unless the magisterial
district judge determining that there has been a violation further
determines that there was a good faith basis for the person, partnership
or corporation violating the ordinance to have believed that there
was no such violation, in which event, there shall be deemed to have
been only one such violation until the fifth day following the date
of determination of a violation by the magisterial district judge
and thereafter each day that a violation continues shall constitute
a separate violation.
[Ord. 5/6/1974; as amended by Ord. 6/1/1989, § IX]
1.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations of this chapter, to prevent unlawful construction, to recover
damages to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
2.
The Township may further refuse to issue any permit or grant any
approval necessary to further improve or develop any real property
which has been developed or which has resulted from a subdivision
of real property in violation of this chapter. The authority to deny
such permit or approval shall apply to any of the following applicants:
A.
The owner of record at the time of such violation.
B.
The vendee or lessee of the owner of record at the time of such violation
without regard to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
The current owner of record who acquired the property subsequent
to the time of the violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
D.
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual constructive knowledge
of the violation.
[Ord. 5/6/1974; as amended by Ord. 1996-1, 1/2/1996, § XXIV]
The provisions of this chapter shall be held to be minimum requirements
to meet the purpose of this chapter. When provisions of this chapter
impose greater restrictions than those of any statute, other ordinance,
or regulations, the provisions of this chapter shall prevail. When
provisions of any statute, other ordinance or regulation impose greater
restrictions than those of this chapter, the provisions of such statute,
ordinance or regulation shall prevail.
