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