[Ord. 761, 8/26/1985, § 2000]
The provisions of this chapter shall be enforced by a Zoning
Officer appointed by Borough Council. The Zoning Officer shall be
appointed at the first meeting of Borough Council following the adoption
of this chapter, to serve until the first day of January next following,
and shall thereafter be appointed for a term of one year and until
his successor is appointed. The Zoning Officer may succeed himself.
He shall receive such fees or compensation as Borough Council may
by resolution provide.
[Ord. 761, 8/26/1985, § 2001; as amended by Ord.
1005, 5/23/2011]
1.
It shall be the duty of the Zoning Officer and he shall have power
to:
A.
Keep a record of all plans and applications for permits, and all
permits issued with notations as to special conditions attached thereto.
All records of the Zoning Officer shall be open to public inspection.
B.
Review applications for permits for erection or alteration of buildings
or structures, or for a use or change of use, to determine whether
such erection, alteration or use is in conformance with all the requirements
of this chapter, all other ordinances and regulations of the Borough
of Hatboro and all laws and regulations of the Commonwealth of Pennsylvania.
The Zoning Officer shall issue no permit unless it conforms to all
applicable ordinances and regulations of the Borough of Hatboro and
all laws and regulations of the Commonwealth of Pennsylvania.
C.
Conduct inspections and surveys to determine compliance and noncompliance
with the provisions of this chapter. In carrying out such inspections
and surveys, the Zoning Officer or his representative may enter upon
any land, building, or structure within the Borough of Hatboro.
D.
Issue written orders requiring compliance with the provisions of
this chapter, to be served personally or by certified mail.
E.
Institute proceedings in courts of proper jurisdiction to enforce
the provisions of this chapter.
F.
Maintain a map showing the current zoning classification of all land
within the Borough of Hatboro.
G.
Maintain a map and register showing the registration, identity, location
and type of all nonconforming uses within the Borough of Hatboro.
H.
Participate in all proceedings before the Zoning Hearing Board, and
present facts and information to assist the Board in reaching decisions
in accordance with this chapter and take all other actions necessary
to enforce this chapter.
[Ord. 761, 8/26/1985, § 2002]
No building or structure shall be erected or altered in the
Borough of Hatboro, or use of any building or structure changed, until
a zoning permit shall have been issued by the Zoning Officer. The
applicant shall notify the Zoning Officer of completion of the work
for which the permit was issued. No permit shall be final until the
Zoning Officer has inspected the work, approved the work as being
in conformity with all ordinances and regulations of the Borough of
Hatboro and all laws and regulations of the Commonwealth of Pennsylvania,
and noted such approval on the zoning permit.
[Ord. 761, 8/26/1985, § 2003]
All applications for zoning permits shall be made in writing
to the Zoning Officer by the landowner or his authorized agent on
a form provided by the Zoning Officer. The application (A) shall include
a statement as to the proposed use of the building or structure; (B)
shall be accompanied by a plan, drawn to scale, showing the location
of the building or structure in relation to property and street lines;
(C) shall include a statement that the boundary lines of all streets
shown on the plan have been located and staked on the premises by
a registered land surveyor competent to give such location; when required
by the Zoning Officer; and (D) shall give the name and address of
the person who has so located and staked the street lines. In the
case of signs, size, location and construction shall be shown on the
application.
[Ord. 761, 8/26/1985, § 2004]
A zoning permit issued under authority of this chapter shall
expire six months after the date of issuance unless the permittee
shall have commenced substantial construction or use of the property
which is the subject of the permit in accordance with the terms of
the permit within such six-month period.
[Ord. 761, 8/26/1985, § 2005]
1.
Applications for special exceptions and variances from the terms
of this chapter, appeals from decisions of the Zoning Officer and
all other applications properly taken to the Zoning Hearing Board
shall be filed with the Secretary of the Zoning Hearing Board and
shall state:
A.
The name and address of applicant and his attorney, if any.
B.
The name and address of the owner of the real property affected by
the proposed use, special exception, or variance.
C.
A brief description and the location of the real property affected
by the proposed change.
D.
A statement of the present zoning classification of the real property
in question, the improvements thereon and the present use thereof.
E.
A statement of the sections of this chapter under which the special
exception, variance, or use requested may be allowed and the reasons
why it should be granted; and the nature of the special exception,
variance, or use requested.
F.
A statement of the improvements intended to be made and the dimensions
of such improvements. A plot plan shall be attached of the real property
affected, indicating thereon the location and dimensions of the lot,
the dimensions of the present improvements and the dimensions of the
proposed improvements.
[Ord. 761, 8/26/1985, § 2006]
An appeal from the decision of the Zoning Officer shall be taken
within 30 days from the date of the decision.
[Ord. 761, 8/26/1985, § 2007]
The applicant for a zoning permit shall, at the time of making
the application, pay to the Zoning Officer for the use of the Borough
of Hatboro, a fee in accordance with a fee schedule adopted from time
to time by resolution of Borough Council.
[Ord. 761, 7/26/1985; as added by Ord. 971, 12/18/2006, § 5]
1.
Purpose. The conditional use approval process is designed to allow
Borough Council the opportunity to review and render a decision upon
certain activities and uses that could have a significant impact upon
the Borough.
2.
Procedure. Applications for conditional use approvals shall meet
all requirements in the sections of this chapter, which authorize
such conditional use. Borough Council shall consider the conditional
use application and render its decision in accordance with the requirements
of the Municipalities Planning Code, 53 P.S. § 10101 et
seq.
3.
Consideration of Conditional Use Application. When a conditional
use is provided for in this chapter, Borough Council shall hear and
decide requests for such conditional uses in accordance with stated
standards and criteria for the use and the following standards. The
burden of proof shall rest with the applicant, who shall be required
to provide substantial credible evidence.
A.
Compliance. The applicant shall establish that the use will comply
with all requirements established by this chapter. The applicant shall
provide the Borough Council with sufficient plans, studies, or other
data to demonstrate compliance with all applicable regulations.
(1)
Documents. In addition to any documents required by any other
sections of this chapter, the applicant shall supply rendered elevations
and perspective sketches as part of the plan review process.
B.
Conflict. The applicant shall establish that the use will clearly
not be in conflict with other Borough ordinances or state or federal
laws or regulations known to the Borough Council. The Council may
condition zoning approval upon future proof of compliance with another
ordinance, law, or regulation.
C.
Traffic Impact. The applicant shall establish that the traffic generated
by the use will be accommodated in a safe and efficient manner, after
considering any improvements that the applicant commits to complete
or fund. The applicant shall show that the use will not result in
or substantially add to a significant traffic hazard, significant
traffic congestion, or a significant pedestrian safety hazard.
D.
Neighborhood Impact. The applicant shall establish that the proposed
use will not significantly negatively impact upon the desirable character
of an adjacent established residential neighborhood, such as causing
substantial amounts of heavy truck traffic to travel through a residential
neighborhood, or a significant odor or noise nuisance or very late
night/early morning hours of operation, without proper safeguards.
E.
Internal Traffic Circulation. The applicant shall establish that
the proposed use will be properly designed with regard to internal
circulation, driveway access, site layout, parking layout, buffering,
and all other elements of proper site design.
F.
Public Health and Safety. The applicant shall establish that the
proposed use will not create a significant hazard to the public health
and safety, such as fire, toxic or explosive hazards.
G.
Stormwater Management. All requirements contained within this chapter, Subdivision and Land Development [Chapter 22] (as amended), and Stormwater Management Ordinances [Chapter 23] (as amended) of the Borough of Hatboro as well as all applicable state and county regulations shall apply. Stormwater management facilities must address volume reduction, groundwater recharge, peak rate control, and water quality. Designs must incorporate features that provide aesthetic and wildlife benefits while controlling vectors and other nuisances, including mosquitoes. Stormwater facilities shall be designed based on accepted standards such as those provided in the Pennsylvania Storm Water Best Management Practices Manual, as amended.
H.
Architectural Impact. The applicant shall establish that the proposed
"use" will not have a negative impact upon any historically or architecturally
significant structure. Adjacent properties and structures that are
historically or architecturally significant shall be considered and
protected.
4.
Process. As part of the process of conditional use, Borough Council
may propose design changes as a condition of approval to consider
the following elements:
A.
Buildings, driveways, parking areas, loading areas, outdoor activity
areas, light sources, trash areas, and potential nuisances, which
shall be located and designed to minimize adverse impacts on abutting
properties. Borough Council may require alternate site layouts in
order to limit the adverse impact of any proposed conditional use.
B.
Driveway intersections with streets and traffic circulation patterns
within lots shall be located and designed to minimize congestion and
safety problems on abutting streets and nearby intersections. Borough
Council may require alternate driveway locations and site design in
order to alleviate potential congestion or safety problems.
5.
Conditions. Borough Council, in approving conditional use applications,
may attach conditions necessary to protect the public health, safety,
morals, and welfare. These conditions shall be listed on the recorded
plan and shall be enforced by the Borough of Hatboro. Failure to comply
with such conditions shall constitute a violation of this chapter
and the owners shall be subject to the penalties set forth in this
chapter and as allowed by law.
