Borough of Hatboro, PA
Montgomery County
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Table of Contents
Table of Contents

§ 22-101 Title.

[Ord. 1005, 5/23/2011]
This chapter shall be known as the "Hatboro Borough Subdivision and Land Development Ordinance of 2010," as amended.

§ 22-102 Enactment.

[Ord. 1005, 5/23/2011]
This chapter has been enacted in conformance with the provisions of the Pennsylvania Municipalities Planning Code, Act No. 247 of 1968 as reenacted and amended, 53 P.S. § 10101 et seq., and Act 167, the Storm Water Management Act of 1978, 32 P.S. § 680.1 et seq.

§ 22-103 Contents.

[Ord. 1005, 5/23/2011]
1. 
This chapter contains regulations which include, but are not limited to, the following:
A. 
Plan submission and processing requirements.
B. 
Certification as to accuracy of plans.
C. 
Design standards.
D. 
Engineering standards.
E. 
Administrative procedures for granting waivers or modifications.
F. 
Provisions for the development and public dedication of various public improvements including land for recreation purposes.
G. 
Provisions for the exclusion of certain development from the definition of land development.
H. 
Standards for the development of mobile/manufactured home parks.

§ 22-104 Purposes.

[Ord. 1005, 5/23/2011]
1. 
The following are the purposes of this chapter:
A. 
To protect and provide for the public health, safety and general welfare of Hatboro Borough.
B. 
To guide the future growth and development of Hatboro Borough in accordance with the adopted comprehensive plan to the best extent possible. The purposes and objectives of the Borough Comprehensive Plan are hereby included by reference to the extent that they are not inconsistent with this chapter.
C. 
To provide for adequate light, air and privacy, to secure safety from fire, flood and other danger, and to prevent overcrowding of land.
D. 
To encourage the orderly and beneficial development of the community through growth management techniques assuring the timing and sequencing of development.
E. 
To protect and conserve the value of land throughout the municipality and the value of buildings and improvements upon the land, and to minimize conflicts among uses of land and buildings.
F. 
To provide adequate and efficient transportation, water supply, sewage facilities, schools, parks and other public facilities.
G. 
To require adequate, appropriately located easements or rights-of-way for utilities and storm drainage facilities.
H. 
To ensure that any lands offered for dedication or otherwise reserved for use as public or common grounds shall be of suitable size, configuration, and topographic character for their designated uses.
I. 
To provide the beneficial relationship between the uses of land and buildings and the circulation of traffic throughout Hatboro Borough, having particular regard to the avoidance of vehicular congestion and provision of pedestrian safety.
J. 
To ensure that public facilities and services are available concurrent with development and will have a sufficient capacity to serve the proposed subdivision or land development and that the community will be required to bear no more than its fair share of the costs of providing the services required by the development.
K. 
To establish reasonable standards of design and procedures for subdivisions in order to further the orderly layout of land.
L. 
To encourage and promote flexibility, economy, and ingenuity in the layout and design of subdivisions and land developments.
M. 
To provide equitable and expeditious handling of all subdivision and land development proposals by providing uniform procedures and standards.
N. 
To encourage subdivision and land development in accordance with principles and practices which conserve energy, including the layout of the proposal and the siting of the buildings, both during and after construction and which encourage the use of alternative energy sources.
O. 
To prevent the pollution of air, surface water, groundwater, to assure the adequacy of drainage facilities, and to encourage the wise use of natural resources.
P. 
To accomplish coordinated development that is compatible with the existing developed portions of Hatboro Borough, and to buffer certain land uses to minimize impacts.
Q. 
To serve such other purposes as are authorized by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

§ 22-105 Interpretation.

[Ord. 1005, 5/23/2011]
The provisions of this chapter shall be the minimum requirements to meet the above-stated purposes if permitted by law. Where the provisions of this chapter impose greater restrictions than those of any other statute, ordinance, or regulations, then the provisions of this chapter shall prevail. Where the provisions of any other statute, ordinance, or regulations impose greater restrictions than those of this chapter, the provisions of such statute, ordinance, or regulations shall take precedence. If there is a conflict between the provisions of this chapter and the Borough Zoning Ordinance [Chapter 27], the ordinance with the greater restriction shall apply. No portion of this chapter grants any form of relief from any state or federal statute unless specifically granted by such statute.

§ 22-106 Jurisdiction.

[Ord. 1005, 5/23/2011]
1. 
The Hatboro Borough Council shall, after an opportunity for review by the Hatboro Planning Commission and Montgomery County Planning Commission, act upon all proposals for subdivisions and land developments (as defined below and in § 22-202 of this chapter) which are located in whole or in part of Hatboro Borough.
A. 
Subdivision and Land Development. No subdivision or land development of any lot, tract, or parcel of land shall be made, and no street, alley, sanitary sewer, storm drain, water main, gas, oil or electric line, or any other improvements, shall be laid out, constructed, or dedicated for public use, or travel, or for the common use of occupants of a building abutting thereon, except in strict accordance with this chapter.
B. 
Sale of Lots, Issuance of Building Permits or Erection of Buildings. No lot or condominium unit in a subdivision or land development may be sold, and no permit to erect, alter, or repair any building upon land in a subdivision or land development will be issued unless and until a subdivision and/or land development plan has been approved, and where required, recorded, and until the required improvements in connection therewith have either been constructed or guaranteed for construction in the form of a bond, escrow, or other means approved by the Hatboro Borough Council under the advice of the Hatboro Borough Engineer and Solicitor, in accordance with the laws of the commonwealth.
C. 
Condominiums. No provision of this chapter shall be construed to prohibit condominium ownership as permitted by the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., or related Pennsylvania laws; however, the division of real property to create condominium units intended for separate ownership constitutes a subdivision and must meet all the applicable requirements of this chapter.

§ 22-107 Amendment Procedure.

[Ord. 1005, 5/23/2011]
The Hatboro Borough Council may, from time to time, amend or repeal this chapter in conformance with the requirements of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.