[Ord. 1005, 5/23/2011]
1.
The following shall apply to all subdivision and land development
proposals:
A.
All portions of a tract shall be designated as to their use, such
as lots, roads, open space, parking areas, etc.
B.
Applicants shall preserve scenic areas, historic sites, other community
assets and landmarks, and natural amenities such as trees and waterways.
C.
Plans shall be designed to avoid excessive disturbance of vegetation
and movement of earth.
E.
The applicant shall construct, install, and guarantee, at no expense
to the Borough, all improvements required as part of plan approval,
including, but not limited to, streets, curbs, sidewalks, water and
sewage facilities, stormwater management facilities, street lights,
fire hydrants, road signs, monuments, lot pins, utilities, shade trees,
streetscape enhancements and utility line relocation.
F.
Improvements shall be constructed in accordance with Part 7.
G.
The standards contained within this Part are the minimum standards
to be used in all subdivisions and land developments. Applicants are
always encouraged to exceed minimum standards.
[Ord. 1005, 5/23/2011]
1.
Comprehensive Plan. Proposals for land development or subdivision
shall be generally consistent with the Borough Comprehensive Plan,
especially as to the use of land, intensity of development, transportation,
community facilities and resource protection. Residential development
shall also be consistent with the housing element of the comprehensive
plan. All proposals shall be located in areas designated for development
in the growth management or land use plan element and be serviced
by currently available infrastructure or where infrastructure will
be developed concurrent with the development.
2.
Public Service Improvements. Proposals shall be consistent with the
location and timing of public service improvements, such as, streets,
stormwater facilities, and water and sewage facilities, in accordance
with the appropriate infrastructure plans governing those facilities.
In addition, the location of existing or planned public service facilities
shall be considered in locating and planning development.
[Ord. 1005, 5/23/2011]
1.
Proposed land developments and subdivisions shall address the opportunities
and limitations present on a site and its adjacent surroundings. Site
opportunities shall be maximized to enhance the overall quality of
the development and sincere steps shall be taken to lessen potential
negative impacts upon a site and the surrounding community. The physical,
social, and psychological needs of the users of the site shall be
evaluated and appropriately incorporated into the final subdivision
layout or site design. The impacts of the proposed development on
the natural environment and surrounding land uses shall be given a
high priority and made an integral part of the overall design for
the land development and subdivision. The following site organization
guidelines shall be used:
A.
Site Improvement Layout. Building placement shall provide a functional
relationship with a site's topography, existing vegetation, surrounding
land uses and pertinent natural features.
B.
Existing Natural Features. Existing natural features shall be recognized
and integrated into the site layout. Natural features such as streams,
hillsides, wetlands, unique habitat, woods and similar natural resources
shall be considered strong design determinants and be incorporated
into the overall site plan to strengthen the unique quality of the
land.
C.
Open Space and Scenic Views. The placement of open space and preservation
of scenic views shall be a fundamental design decision. Open space
offers more than an opportunity to provide recreation, it can protect
important natural systems, reduce the perceived density of development
and effectively buffer different land uses, as described in the Hatboro
Borough Open Space and Recreation Plan.
D.
Circulation. Movement within a site and access to the site shall
consider the safety and convenience of various types of users. Cross
access between properties and joint access are encouraged to improve
circulation.
E.
Relationship to Surrounding Uses. The proposed design shall complement
positive surrounding uses through building setbacks, buffers, and
separation of uses. Various potential negative impacts upon surrounding
land uses including noise, light, and loss of privacy shall be mitigated.
F.
Climate. The impact of climate including on the development and potential
users should be considered. Opportunities for alternative energy use
should be considered.
[Ord. 1005, 5/23/2011]
1.
Lot Size and Width. Each lot shall comply with the Zoning Ordinance [Chapter 27] as to lot area and width requirements. Lots that contain natural restrictions such as wetlands, water bodies, steep slopes or other features shall be made large enough to provide suitable area for the intended use of the lot without requiring encroachment upon natural amenities. Lots with existing or planned public improvements such as fuel pipe lines, underground utility easements, stormwater detention basins, high voltage power lines or other facilities shall be sized to allow suitable room for the intended use of the lot without requiring encroachment on the public facilities or easements.
2.
Lot Shape. Deep, narrow lots and wide, shallow lots are to be avoided
except that lots containing uniquely designed structures, such as
certain types of attached dwelling units, may receive special consideration.
The depth of the lot shall not exceed 2.5 times its width. Every lot
shall contain a building envelope suitable for the type(s) of development
proposed.
3.
Lot Frontage. Every lot shall have sufficient frontage along the right-of-way of a public, private or common street, in accordance with the Zoning Ordinance [Chapter 27]. Sufficient frontage is the minimum width required to site a driveway into the property in accordance with the design requirements in this section and other appropriate state and local regulations.
4.
Lot Lines. Lot lines shall be drawn parallel, concentric, at right
angles, or radial to the street right-of-way line unless not feasible
or undesirable due to existing, permanent, natural or man-made features.
5.
Reverse Frontage Lots. Reverse frontage lots may be used as an alternative to marginal access streets, or normal lotting when the lots abut a major collector street or street of a higher classification, or steep grades (over 15%) at the street right-of-way line. When reverse frontage lots are used and the total lot depth is less than 200 feet, an additional 25 feet shall be added to the portion of the lot abutting major collector street or street of a higher classification, to provide a landscaped buffer area in accordance with § 22-413, Subsection 2, and the Borough of Hatboro Specifications and Design Standards, incorporated herein by reference and as may be amended from time to time by Resolution of Borough Council.
6.
Rear or Flag Lots. Rear lots or flag lots may be permitted by Borough
Council in accordance with the following standards:
A.
Purposes.
(1)
To permit reasonable subdivision of land which is physically
constrained by unusual configuration of the tract or limited road
frontage, and which could not be subdivided in a desirable manner
using conventional streets and lotting patterns.
(2)
To preserve farmland, woodland, scenic views, historic sites
or other environmental amenities by locating buildings away from roads.
(3)
To avoid access to a street of higher classification.
(4)
Shall not be used as a means to avoid building a street.
B.
Parts of a Rear Lot. Rear lots shall be comprised of two parts, the
access strip and the body of the lot, in compliance with the following
standards:
(1)
The access strip shall be a minimum of 25 feet wide for its
entire length unless the body of the flag lot is likely to undergo
further subdivision in the future. If a rear lot is capable of subdivision
in the future and is not deed restricted against further subdivision,
the access strip must be at least 50 feet wide and be able to contain
a street capable of meeting all appropriate public street and intersection
standards contained in this chapter. When an access strip is designed
for a future street, a note shall be placed on the plan reserving
the access strip for a future street; however, dedication is not required.
(2)
The access strip shall be a fee-simple part of the rear lot,
and shall not be a separate parcel or easement.
(3)
The body of a rear lot shall comply with all the minimum dimensional
requirements of the zoning district in which it is located. The area
of the access strip shall not be counted toward the minimum lot area
requirement.
(4)
The front yard of the rear lot shall be parallel the frontage
street. In the event the access strip is proposed for a future street,
a second front yard for the purpose of establishing setbacks shall
be measured from the potential access street.
C.
Review Factors. In reviewing applications for rear lots, the following
factors shall be considered by Borough Council, Borough Planning Commission,
and the Borough Engineer.
(1)
The amount of street frontage and configuration of the property
being subdivided.
(2)
The sizes and number of lots proposed, including both the total
number of lots and the number of rear lots. No rear lot shall have
a lot size less than 15,000 square feet.
(3)
The type and character of street which the tract abuts.
(4)
The type and character of the neighborhood and abutting parcels.
(5)
The topography of the parcel being subdivided, with an emphasis
on saving trees, avoiding steep slopes, and preserving floodplain,
wetlands, and other environmental features if present.
(6)
The location and safety of access points and street intersections.
(7)
The economic impact on the Borough of maintaining a street as
compared to using rear lots.
(8)
The visual and physical impacts of street construction from
excessive regrading, for example, as compared to the use of access
strips.
D.
Design Standards for Rear Lots.
(1)
The length of the access strip shall be kept to a minimum:
(a)
As a guide, the preferred length is approximately equal to the
depth of one lot which complies with the minimum lot width and area
requirements of the district in which it is located.
(b)
No access strip shall exceed two times the lot depth described
above, unless the primary purposes of the additional length are to
preserve farmland or other land for preservation of agriculture or
rural character, by locating new development remote from street frontage.
(2)
The location of the access strip shall be logical relative to
the body of the rear lot, surrounding lot configurations, and natural
features of the land, and it shall intersect the public street at
a safe, visible location.
(3)
Turns greater than 45° or with a radius less than 150 feet
and vertical grades in excess of 10% are prohibited in access strips.
(4)
Driveways within access strips shall be paved from the edge
of street pavement to a distance of 15 feet to the interior of the
lot.
(5)
Joint driveways are encouraged among both front and rear lots.
No more than two access strips may abut each other. Each pair of access
strips must share a common access point and driveway from the edge
of pavement to a distance of at least 50 feet beyond the ultimate
right-of-way line of the street, from which point either one common
driveway or two individual driveways may continue. The shared portion
shall be a minimum of 12 feet wide. Shared portions of driveways shall
be 18 feet wide where access is taken from major collector streets
or streets of a higher classification.
(6)
Access points to rear lots, whether single or paired, shall
be separated by at least 300 feet as measured along the right-of-way.
Separation distance shall be measured from the center point of the
nearest access strips unless specific driveway access points have
been clearly established.
(7)
No more than one tier of rear lots shall be permitted on a tract.
In other words, a rear lot may not be located behind another rear
lot.
(8)
In a subdivision of five or more lots, rear lots may comprise
no more than 15% of the total number of lots, rounded to the nearest
whole number.
(9)
Rear lots are not permitted at the bulb or turn-around of a
cul-de-sac.
[Ord. 1005, 5/23/2011]
1.
The minimum block length shall be 500 feet and the maximum block
length shall be 1,600 feet.
3.
Blocks shall be designed to provide efficient, convenient, and safe
pedestrian and vehicular circulation, including the reduction of intersections
with arterial streets.
4.
Blocks shall be designed to reflect natural features that may constrain
subdivision and land development. Unless a watercourse is located
along the rear of lots in the block, drainage shall be away from the
interior of the block toward the abutting streets.
5.
Where necessary for safe, convenient and direct pedestrian access
to commercial, institutional, or open space/recreation areas as determined
by the Borough, walkways shall be designed into block area. The walkways
shall extend straight from one street to the other on an easement
or public right-of-way at least 10 feet in width.
[Ord. 1005, 5/23/2011]
1.
The Hatboro Borough Council shall determine the need for additional
community facilities to serve the proposed subdivision or land development.
2.
Where deemed essential by the Hatboro Borough Council, upon consideration
of the particular type of development proposed, and especially in
large-scale residential developments, the Hatboro Borough Council
may require the dedication or reservation of such areas or sites of
an extent and location suitable to the needs created by the development
for schools, parks and other purposes in accordance with the park
and recreation plan, community facilities plan or official map.
3.
Areas provided or reserved for such community facilities shall be
adequate to provide for building sites, related activity areas, landscaping
and off-street parking as appropriate to the use proposed.
4.
Where a proposed park, playground, school or other public use shown in the Comprehensive Plan is located in whole or in part in a subdivision or land development, the Hatboro Borough Council may require the dedication or reservation of land within the subdivision or land development, in those cases in which the Hatboro Borough Council deems such requirements to be necessary in accordance with § 22-416.
5.
Provisions for future roads shall be made where one or more access
strips are intended as a right-of-way for a road which will serve
future lotting. The following regulations shall apply:
A.
Legal guarantees shall be provided to assure use of any access strip
proposed for future use as a street, subject to approval of the Borough
Solicitor.
B.
The street shall be constructed or financially guaranteed at the
applicant's expense, in compliance with Borough Standards.
C.
Access strips legally and financially guaranteed for future use as
roads may comprise the legal and physical access to otherwise landlocked
previously existing parcels only if the access is irrevocably guaranteed.
D.
An overall sketch plan shall be submitted as part of the proposed
subdivision, to show how the rear lotting and reservation of access
strips for future streets forms a logical and appropriate first phase
in subdivision of the entire tract, and/or how it will allow interconnection
with adjacent tracts.
E.
When the street is constructed, any access strips which are no longer
needed should revert to the owners of the abutting lots, in accordance
with the terms agreed to as part of the original preliminary plan
approval which created the access strips.
[Ord. 1005, 5/23/2011]
1.
All new streets and extensions and widening of existing streets:
A.
Shall be offered for dedication to the authority having jurisdiction
over the street at the time of plan approval. The Borough may accept
dedication of lands which are not accepted by other jurisdictions.
B.
Shall conform to the circulation element of the Borough Comprehensive
Plan, as amended, Borough Ultimate Right-of-Way Map, Borough Official
Map and Montgomery County or commonwealth highway plans, and be coordinated
with existing streets.
C.
Shall provide appropriate access between abutting tracts of land
for immediate or future use.
D.
Shall create a road hierarchy among interior subdivision and land
development streets and exterior streets to ensure proper through
traffic flow, local access, and internal traffic distribution and
flow.
E.
Shall be related closely to existing topography to assure reasonable
grades, alignment and drainage, appropriate access to lots, and to
minimize regrading and removal of vegetation.
F.
Shall be designed to continue existing streets at equal or greater
right-of-way and cartway width, as recommended by the Borough Engineer
and Borough Planning Commission.
2.
Classification of Streets and Widths. Every street or highway within
the Borough shall be classified by its function as one of the following,
and shall be subject to the requirements for its classification as
contained in this Part, including vehicular access analysis and other
requirements. These classifications are based on the Montgomery County
Transportation Plan Element. The right-of-way and cartway widths shall
comply with the street classification standards specified in the Borough
of Hatboro Specifications and Design Standards, incorporated herein
by reference and as may be amended from time to time by Resolution
of Borough Council.
A.
Arterials. Arterials provide a high degree of mobility in order to
better serve trips of longer length. They are further subclassified
as follows:
(1)
Principal Arterials. Principal arterials generally provide between
two and four through lanes of travel depending upon traffic volume
and land use density. Principal arterials have typical posted speeds
of 45 miles per hour.
(2)
Minor Arterials. Minor arterials interconnect with and augment
principal arterials in serving major activity centers. They typically
accommodate trips between three and five miles in length. They are
spaced at intervals consistent with population density and carry traffic
within or between several municipalities of Montgomery County.
B.
Collectors. Collectors serve a dual function of providing a mix of
accessibility and mobility. They are further subclassified as follows:
(1)
Major Collectors. These types of roads provide a combination
of mobility and access with a priority on mobility. Ideally access
is partially controlled with preference given to through traffic.
Access is permitted with at grade intersections and major access driveways
of selected land uses such as a retail or employment center. Few if
any individual driveways shall be permitted off of major collections.
They accommodate trips within and between neighboring municipalities.
(2)
Minor Collectors. Minor collectors provide a combination of
access and mobility with more emphasis on access. They allow more
access to abutting properties with little or no restriction. Individual
driveway access is permitted. Generally minor collectors accommodate
trips only within a small segment of a Borough. They are spaced at
intervals to collect traffic from local roads and neighborhoods and
channel it to major collectors and arterials. Finally, minor collectors
may serve as a major road through a residential neighborhood.
C.
Local Streets. Local streets have relatively short trip lengths generally
not exceeding one mile. Because property access is their main function,
there is little need for mobility and high operating speeds. This
function is reflected by use of lower posted speed between 20 and
30 miles per hour. Through traffic is discouraged from using local
roads.
(1)
Residential Streets. New streets or extensions of existing streets
in residential developments function primarily to provide vehicular
access and street frontage for each lot. New residential streets shall
have cartways of a minimum of 34 feet and parking on both sides unless
no driveways take access on them or the development otherwise provides
significant off-street public parking which is convenient to all the
proposed houses.
(2)
Nonresidential Streets. Nonresidential streets shall function
primarily to provide vehicular access and street frontage for industrial
office, institution and commercial lots and land uses.
D.
Minimum Width. Each land development involving three or more dwelling
units and each new lot shall have frontage along a street with a minimum
right-of-way width of 24 feet and a minimum paved cartway width of
18 feet, unless a stricter requirement is established by another section.
3.
Private Streets.
A.
Private streets shall meet all of the same requirements as a public
street.
B.
An irrevocable right-of-access shall be guaranteed to all properties
whose access depends upon the private street, by means of legal agreement
or covenants, subject to approval by Borough Council as advised by
the Borough Solicitor.
C.
The legal access agreements and/or covenants shall be:
(1)
Clearly noted on the subdivision or land development plans for
all proposals using private streets for access.
(2)
Included in the deeds for all properties having these access
rights.
(3)
Recorded in the Office of the Montgomery County Recorder of
Deeds.
(4)
Clear and specific with regard to property owner's rights
to further subdivision or further land development, especially in
regard to the need to receive approval from the homeowners association,
if applicable, and/or waiver from the requirement of this chapter.
D.
The private street may be owned by one or more of the property owners
who have right-of-access, or may be owned by an association of the
property owners. The number of individual property owners who may
own a private street without forming an association shall be limited
to five unless Borough Council, within its discretion, approves more
than five.
E.
Maintenance of the private street shall be guaranteed by a recorded
declaration binding the individual property owners and/or the formation
and administration of an association or other legally binding organization
of all landowners with access rights.
(1)
Documents governing the property owners and/or the association
shall be subject to approval of Borough Council upon the advice of
the Borough Solicitor, shall be filed with the Borough and shall be
recorded with the deed for each property with access rights.
(2)
All property owners who own private streets and property owners in an association owning a private street shall have a share in the rights and bear a share of the costs and other burdens of maintenance, as specified in the access agreements and/or covenants. This share shall also apply to the assessed costs for upgrading to public street standards, in accordance with Part 7 of this chapter.
(3)
If one or more property owners believe that the street is not
being properly maintained, and cannot succeed in having the other
property owners and/or association authorize or conduct proper remedies,
then that/those property owners may request the Borough to authorize
an inspection of the street by the Borough Engineer. The cost of the
inspection shall be paid by those property owners requesting the inspection.
If the Borough Engineer determines that the street is not being properly
maintained, the Borough may take corrective actions in accordance
with Subsection 3H, herein.
F.
Borough Council reserves the right to order the private street to
be upgraded to meet all of the standards and requirements for a public
street, if, at any time, Borough Council shall deem the street to
be a health or safety hazard for reasons of improper or inadequate
maintenance.
(1)
The full costs of upgrading the street, including engineering,
legal and related costs, shall be assessed against the property owners
and/or association. With each association, the share of the assessment
to be paid by each property owner shall be as specified in the association's
legal access agreements and/or covenants.
(2)
Prior to such action by Borough Council, the landowners with
access rights shall be notified, in writing, by certified mail, of
the pending action. The landowners will have 30 days from the date
of such notice to propose an alternative solution acceptable to Borough
Council.
G.
Additional Provisions.
(1)
Any vehicular accessway which provides the primary access to
three or more lots, but is not offered for dedication as a public
street, shall be considered a private street subject to these requirements.
(2)
Not more than five dwelling units, lots and/or condominiums
may be served by a private street which has access to a public street
(private dead-end or cul-de-sac street).
(3)
A private street with more than one access to a public street
or streets may have not more than five lots or dwelling units per
public street access.
(4)
Emergency access may be required to a private street which has
only one public street access.
(5)
For private cul-de-sac streets, a suitable turnaround shall
be provided, subject to the approval of the Borough Engineer. A forty-foot
radius paved bulb turn around is encouraged, but other configurations
may be used if approved by the Borough Engineer. A sixty-foot radius
for the ROW shall be provided.
(6)
Undedicated alleys shall be considered private streets.
H.
Further subdivision or land development of any lot depending upon
a private road for vehicular access is prohibited if it would exceed
the number of lots permitted, maximum length of cul-de-sac or any
other applicable requirements contained in this chapter. If an applicant
requests such further subdivision, the following standards shall apply:
(1)
In order to permit such further subdivision one of the following
shall take place:
(a)
The street must be upgraded to meet all the standards and requirements
for public street construction, and must be offered for dedication
to the Borough.
(b)
Further subdivision may be permitted and the street may remain
private, if Borough Council approves the waiver of necessary design
standards.
(2)
The applicant shall apply in writing to Borough Council for
approval to upgrade the street or to be granted appropriate waivers.
(a)
Application to Borough Council shall include written approval
from the property owners and/or homeowners association for the applicant
to seek Borough approval for upgrading or waivers.
(b)
Upgrade of the street or waivers shall not be approved by Borough
Council unless approval is first received from the homeowners association.
(3)
The costs of upgrading a private street to public street standards
including the dedication, and/or costs involved in granting waivers
shall be borne by the individual property owners and/or association
in accordance with the recorded legal access agreements and/or covenants.
I.
An individual private driveway may be legally reclassified and physically
upgraded and improved to become a private street upon approval of
Borough Council.
(1)
A right-of-way shall be established to contain the private street
in compliance with the requirements herein.
(2)
The private driveway shall be physically improved to comply
with private street construction and paving width standards, as well
as applicable dimensional standards.
(3)
Maintenance shall be guaranteed as established for private street
in this chapter.
(4)
Upgrading of existing individual driveways to private street
status is encouraged where it would take the place of several individually
owned and maintained access strips.
J.
Parking shall not be permitted within an eighteen-foot wide cartway
of a private street where allowed, but may be permitted outside the
cartway in a manner that does not interfere with the free movement
of emergency vehicles along the private street.
(1)
The legal access agreements and/or covenants shall guarantee
free unobstructed access throughout the minimum eighteen-foot wide
cartway. If violations occur, attempts shall be made to resolve the
problems with the individual property owners and/or within the structure
of the association. Under situations of repeated and/or flagrant violations,
individual property owners may request police enforcement of free
and unobstructed access.
(2)
If there is a continuing access problem caused by improper parking,
Borough Council shall notify the individual property owners and/or
homeowners association, in writing, that the problem must be corrected
by some means satisfactory to the Borough Engineer or Solicitor, depending
upon whether the solution is a physical or legal remedy.
(3)
If, after written notification, the individual property owners
and/or the homeowners association fail to correct the parking problem,
Borough Council may order the upgrading of the private street to public
street standards as specified herein. The individual property owners
and/or the homeowners association shall have 30 days from the date
of written notification to propose a solution to the parking problem.
K.
In considering applications for waivers of private street standards,
Borough Council shall consider the following:
(1)
Number of lots and/or dwelling units in excess of the permitted
maximum.
(2)
Whether or not more lots could be proposed along the private
street, in conformance with the applicable zoning, in addition to
those proposed in conjunction with the waiver application. For example,
one additional unit may be acceptable in itself, but may not be acceptable
if a potential would exist for five more lots.
(a)
Borough Council may require the applicant to submit a sketch
plan and/or information showing the approximate maximum number of
lots and/or dwelling units which could be created under the applicable
zoning requirements, on all lands serviced by the private street.
(b)
When conditions are considered favorable for limited additional
subdivision under the private street access, Borough Council may request
deed restrictions against further subdivision as a condition of final
approval of the subdivision.
(3)
Ability of a private street to be served by an emergency access
as a condition of granting a waiver.
(4)
Characteristics of properties, neighborhood and private street(s)
involved:
(a)
Configuration of the properties.
(b)
Lot sizes and development characteristics, with particular regard
to avoiding congested appearance and functioning.
(c)
Topography, including vegetation and other environmental characteristics.
(d)
Character of land and development surrounding the properties
in question, including their development status and potential development.
(5)
Whether or not requiring a public street would have an appreciable
benefit to the properties and/or the Borough in terms of access and
traffic circulation.
(6)
The economic impact of permitting the waiver compared to requiring
a public street.
4.
Single-Access Street Regulations. Any street which is served by only
one intersection with a through-street shall be considered a single-access
street, regardless of the street's configuration within the proposed
subdivision or land development. Included in this classification of
streets are:
A.
Single-access streets shall be subject to the requirements for their
classification of street, notwithstanding their single-access status.
B.
Shall be served by an appropriately located and designed emergency accessway when required by Borough Council. Standards for the emergency accessways are included in § 22-710.
C.
Permanent Cul-de-Sac Streets.
(1)
Shall be permanently closed at one end.
(2)
Shall be provided with a vehicular turn-around at the closed
end with a right-of-way radius of at least 50 feet, and a paving radius
of at least 40 feet. Alternative vehicular turn-around designs are
encouraged to improve traffic flow and overall design of the subdivision.
If an off-set bulb turn-around is used, the left side bulb configuration
is preferable.
(3)
Shall not exceed 750 feet in length or serve more than 25 houses.
Under special conditions as approved by Borough Council the length
of culs-de-sac may exceed the above maximum length standard. Measurement
of the length shall be made from the center line of the abutting through
road or point of intersection with another cul-de-sac to the center
line of the turn-around, measured along the cul-de-sac street's
center line.
(4)
Generally should be permitted only as side streets extending
from a through street.
(5)
May not create a four-way intersection unless two permanent
cul-de-sac streets intersect directly opposite one another along a
local access street.
(6)
Shall be identified by a standard warning sign stating "no outlet"
when deemed appropriate by Borough Council to help avoid mistaken
turning movements.
D.
Temporary Cul-de-Sac Streets.
(1)
May be temporarily closed at one end, with the intent to extend
the street onto the abutting tract upon its development.
(2)
Shall be built to the tract boundary line at a location and grade that are logical for extension onto the abutting tract, but shall not exceed 750 feet in length, unless approved by Borough Council when warranted by special conditions, as in § 22-407, Subsection 4C(3)(a)1) and 2), herein.
(4)
Shall form a logical step in the circulation pattern of area
in which it is located.
(5)
Shall be provided with a vehicular turn-around at the closed
end, abutting the tract boundary, with a paving radius of at least
40 feet.
(a)
Construction shall meet the same requirements as for a permanent
cul-de-sac turn-around.
(b)
Those portions of the turn-around extending beyond the street
right-of-way shall be located on temporary access easements, valid
only until the road is extended.
(c)
Upon extension of the street, the full rights and responsibilities
for the area of the temporary easements shall revert to the owners
of the lots on which they were located.
(d)
Curbing and sidewalks are generally not required along the edge
of the temporary turn-around area that will be abandoned when the
street connects to an adjoining street in the future.
(6)
The developer responsible for extension of the street shall
also be responsible for the following:
(a)
Removal of all paving of the temporary turn-around beyond the
width of the street's cartway.
(b)
Installation of new sidewalk, curbing, and cartway paving to
complete the street connection.
(c)
Extension, burying, or relocating of utilities as necessary.
(d)
Repair of any improvements damaged in this process.
(e)
Grading, installation, and/or restoration of lawn areas where
affected by this removal and construction process.
E.
Multiple Cul-de-Sac Streets.
(1)
Are single-access streets which terminate in more than one vehicular
turn-around.
(2)
Shall be discouraged but may be permitted when no alternatives
are determined to be feasible and preferable by Borough Council upon
advice of the Borough Planning Commission and Engineer.
(3)
May be permitted where the length of cul-de-sac is less than
750 feet, measured from the center line of the through street intersection
to the center line of each turn-around.
F.
Single-Access Loop Streets.
(1)
Are single-access streets which do not terminate in a vehicular
turn-around, but instead loop back to intersect with themselves.
(2)
Shall be discouraged but may be permitted when no alternatives
are determined to be feasible and preferable by Borough Council upon
advice of the Borough Planning Commission and Engineer.
(3)
When permitted, shall meet the following requirements:
G.
Stub Streets.
(1)
Shall be provided in appropriate locations for vehicular access
to abutting undeveloped lands when required by Borough Council upon
advice of the Borough Planning Commission and Engineer.
(3)
Shall not be provided with a vehicular turn-around.
(4)
Shall be constructed to the property line in accordance with
the standards of this chapter applicable to the classification of
street it will be upon extension.
5.
Street Alignment. Sight distance, horizontal and vertical curvature,
super-elevation, and maximum and minimum street grades shall be in
compliance with the standards contained in "A Policy on Geometric
Design of Highways and Streets," published by the American Association
of State Highway and Transportation Officials, most recent edition,
or PennDOT standards, whichever is more restrictive, subject to approval
by Borough Council, upon recommendation of the Borough Engineer. In
addition, the following standards and guidelines shall be applied:
A.
Minimum horizontal highway alignment design criteria for all roads
shall conform to the standards set forth in the Borough of Hatboro
Specifications and Design Standards, incorporated herein by reference
and as may be amended from time to time by Resolution of Borough Council.
B.
Long radius, gentle curves are encouraged rather than shorter radius
curves connected by tangents.
C.
Curve-tangent relationships shall follow accepted engineering guidelines
for safety and efficiency including that minimum radius curves shall
not be used at the ends of long tangents. A minimum tangent length
measured at the center line of 100 feet shall be provided on streets
between the PT (point of tangent) of the first curve and PC (point
of curve) of the second curve. A minimum 100 feet tangent length shall
be provided between two curves in reverse direction, unless used for
traffic calming purposes in residential areas and by approval of the
Borough Engineer.
D.
Street grades shall be measured along the center line in accordance
with the following:
(1)
Minimum grade for all streets shall be 1%.
(2)
Street grades in excess of 5% should be avoided wherever possible.
Maximum grades for local roads shall be 10%.
(3)
Curve-grade combinations shall follow accepted engineering guidelines
for safety and efficiency including that minimum radius horizontal
curves will not be permitted in combination with maximum grades.
(4)
At all approaches to intersections, grades of streets of lower
classification shall not exceed 1% for a distance of 50 feet from
the intersection of curblines or edges of cartways.
6.
Street Intersection Design. All street intersections shall be governed by the standards of this section, and the standards in Part 7.
A.
Number of Streets. Not more than two streets shall intersect at the
same point.
B.
Three-Way/Four-Way Intersections. Three-way or "T" intersections
shall be used instead of four-way intersections unless the four-way
intersection can be justified in terms of necessary and desirable
traffic movements.
C.
Angle of Intersections.
(1)
All intersection approaches shall be designed at 90° angles
for a minimum of 50 feet from the edge of the cartway of the road
intersection road unless sufficient reason exists to justify a lesser
angle.
(2)
Where intersections designed at less than 90° are used,
they shall be designed so that the heavier traffic flow will make
the obliquely angled turn rather than the acutely angled turn.
D.
Corrective Changes to Existing Intersections. When existing streets
intersect at odd angles or have more than four approaches, the applicant
who has control over the land abutting the intersection shall make
corrective changes to bring the intersection into compliance with
this chapter, as required by Borough Council who shall first seek
the advice of the Borough Engineer and Borough Planning Commission
and other technical advisors or agencies, as appropriate. For state
and county highways, corrective changes shall comply with the requirements
of the appropriate agency.
E.
Waiver of Corrective Changes. Borough Council may waive the above
requirements for corrective changes under one or more of the following
conditions:
(1)
When changes made on the applicant's land will not improve
the intersection's deficiencies.
(2)
When other road improvements are already planned which would
correct the problem without changes required of the applicant.
(3)
When not allowed by PennDOT or Montgomery County where the intersections
are under their jurisdiction.
F.
Approaches to Intersections. Approaches to intersections shall follow
a straight course for a minimum of 50 feet for local roads. All other
streets shall follow a straight course in accordance with accepted
engineering standards, but in no case less than 50 feet. Measurement
shall be made from the intersection of curblines or edges of cartways
for each corner.
G.
All intersections shall provide clear sight distance in compliance
with PennDOT standards.
7.
Street Intersection Spacing. Street intersection spacing shall be
done in compliance with the regulations contained in this section,
measured from center line to center line.
A.
The applicant shall prepare a vehicular access analysis, in compliance with Subsection 8, herein, for all street intersections proposed along arterial and collector streets.
B.
The minimum spacings shall be as set forth in the Borough of Hatboro
Specifications and Design Standards, incorporated herein by reference
and as may be amended from time to time by Resolution of Borough Council.
Where greater spacing is required in compliance with AASHTO or PennDOT
standards, the greater spacing distances shall be applied, as determined
by the Borough Engineer, in relation to the vehicular access analysis.
C.
Offset Intersections. In any case where the center lines of street
intersections are, or would be, within 150 feet of each other, they
shall be made to coincide by relocating the street within the applicant's
land, unless additional problems of sight distance or other safety-related
problems would be created. As an alternative, relocation further away
from the offset intersection may be done in compliance with the intersection
spacing requirements contained in the Borough of Hatboro Specifications
and Design Standards, incorporated herein by reference and as may
be amended from time to time by Resolution of Borough Council, when
approved by Borough Council.
8.
Vehicular Access Analysis for Streets and Driveways. A vehicular
access analysis (VAA) shall be prepared by the applicant whenever
vehicular access is proposed to be taken from arterials or collectors
as defined herein, for the following purposes and in compliance with
the following requirements:
A.
To encourage planning for entire tracts, and blocks rather than piecemeal
subdivision and/or development.
B.
To permit reasonable access to private properties while guarding
the general public's right to safe and efficient travel along
public streets.
C.
To minimize the total number of access locations in order to reduce
the degree of interference on traffic flow and/or safety caused by
a proliferation of driveway and/or street intersections.
D.
To identify safe locations for access and to choose the preferable
locations while the location, number, and geometries of the access
points are governed by the regulations.
E.
To encourage or required, as appropriate, the use of shared or paired
driveways or local access streets for vehicular access.
F.
To encourage the use of flexible lotting for traffic safety, visual
benefits, preservation of natural features, and/or rural character.
G.
To encourage the creation and use of local access roads for access,
rather than multiple driveways along arterial and major collectors.
H.
The vehicular access analysis shall include an on-site survey of
the physical characteristics of the entire frontage along the arterial
or major collector street used for access, include all information
needed to establish sight distances, slope of the street, any features
which may impede sight distance, and the physical characteristics
of the subject lot abutting the street which may impede suitable vehicular
access, such as embankments, steep slopes, watercourses, floodplain,
wetlands, woodlands, and/or man-made features such as buildings, walls,
or other structures in compliance with the following:
(1)
The horizontal plan shall show the following at a scale not
exceeding 50 feet to one inch:
(a)
Legal and ultimate rights-of-way, and center line.
(b)
Existing cartway and shoulder widths and conditions.
(c)
Existing contours drawn at two-foot intervals, or as required
by the Borough Engineer.
(d)
Existing natural and man-made features within 50 feet of the
street center line on the side of the street where the intersection(s)
will be proposed.
(e)
Existing natural and man-made features more than 50 feet from
the street center line which may impede street or driveway access
into the site.
(2)
Profiles drawn at a horizontal scale not exceeding 50 feet to
the inch, and vertical scale of two, four, or five feet to one inch,
whichever is most appropriate.
I.
The vehicular access analysis (VAA) shall be submitted for the following:
(1)
All preliminary plans for developments that are not minor subdivisions
or minor land developments.
J.
The VAA may be submitted for tentative sketch plans at the applicant's
option for residential proposals.
K.
No plan shall be approved unless its proposed streets or driveways for vehicular access comply with the findings of the VAA and the related vehicular access requirements of Subsection 9 herein, as verified by the graphic evidence of the VAA and visual evidence of on-site inspection by the Borough Engineer.
L.
Clear sight distance in compliance with PennDOT standards shall be
provided for all proposed driveway and/or street intersections.
9.
Vehicular Access Requirements. The following requirements apply to
all streets and/or driveways which are proposed to intersect arterials
and/or collectors:
C.
Driveways with an anticipated traffic generation of 25 or less vehicular trips per day, in compliance with PennDOT and ITE standards, shall comply with the requirements of Subsection 10, "Driveway Intersections with Streets (Minimum Use Driveways)."
D.
Any driveway intersections serving individual parcels of land may
be prohibited by Borough Council where such intersections would create
congestion, interference, and/or hazards to traffic flow and safety
by reason of street grades, land forms, vegetation, frequency of driveway
intersections, limited sight distances, and/or high speed traffic
flow as identified in the vehicular access analysis. In such cases,
the Borough Council encourages reasonable alternative forms of vehicular
access to the parcel of land by means of:
E.
Where driveway intersections are prohibited by Borough Council and
alternative forms of vehicular access would cause an undue burden
upon an applicant, Borough Council may permit an alternative interim
access solution in compliance with the following:
10.
Driveway Intersections with Streets (Minimum Use Driveways). Driveways
with 25 or less vehicular trips per day that intersect with streets
shall be subject to the PennDOT and Borough permit process for state
roads, the Borough's permit process for Borough roads, and the
additional requirements of this chapter.
A.
Driveway intersections with streets:
(1)
Shall provide adequate sight distance in compliance with AASHTO
and/or PennDOT standards.
(3)
Shall be designed and constructed in compliance with PennDOT
standards when intersecting a state street, unless Borough standards
are more restrictive.
(4)
Shall be designed and constructed in compliance with the Borough
Engineering Standards when intersecting a Borough street.
B.
In order to facilitate safe and efficient access between streets
and driveways, the number of driveways permitted to serve individual
parcels of land shall be kept to the minimum needed to adequately
and reasonably serve the parcel in question.
(1)
The Borough may require that a lot have an area on the lot available
for vehicle turn-around so that vehicles do not need to back out onto
a collector or arterial street.
(2)
A minimum lot width of 300 feet at the ultimate right-of-way
line shall be required for all lots with access by an individual private
driveway from an arterial road.
(3)
A minimum lot width of 250 feet at the ultimate right-of-way
line shall be required for all lots with access by an individual private
driveway from a Collector road.
(4)
The use of local access streets is encouraged with use of the
Hatboro Borough's standard or flexible lotting provisions:
C.
Distance from Street Intersections. Driveways for individual residential
lots shall be located as far from street intersections as is reasonably
possible, but not less than 75 feet, measured from the point of intersection
of the street ultimate right-of-way lines (extended).
D.
Choice of Streets. When streets of different classes are involved,
the driveway shall provide access to the street of lesser classification
unless this requirement is waived by Borough Council for reasons of
sight distance, incompatibility of traffic, grading, drainage, or
other major reasons.
E.
Stopping Areas. Regardless of the driveway classification, all driveways
shall be provided with a stopping area within which the grade shall
not exceed 4%. The stopping area shall be measured as follows:
11.
Driveways.
A.
Review and Approvals. Applicants shall submit plans in accordance
with Part 3 to the Borough Planning Commission, for its evaluation
and advice, in the following circumstances:
(1)
When lots are proposed to be subdivided along existing arterials
or collectors, with vehicular access to that street.
(2)
For all nonresidential proposals which require a new driveway
or upgrading of an existing driveway to handle larger volumes of traffic
than that which exists at the time of plan submission.
(3)
For all proposals whose driveways would generate 25 or more
vehicular trips per day, based on ITE trip generation standards.
C.
Following evaluation by the Borough Planning Commission, the applicant
may submit plans to the commonwealth or Borough for formal review
and, as appropriate, approval and issuance of permits.
D.
No driveway location, classification, or design shall be considered
finally approved by the Borough unless permits have been granted by
the commonwealth and/or Borough and preliminary plan approval has
been granted by Borough Council for the subdivision and/or land development
which the driveway(s) will serve.
12.
Clear Sight Triangles. Clear sight triangles shall be required to
be maintained along all approaches to all street intersections, and
all intersections of driveways with streets, in compliance with the
standards herein.
A.
Clear sight triangles shall be measured along street and driveway
center lines, from their point of intersection.
B.
Where differing classifications of streets intersect, the higher
classification of street shall determine the dimensions used.
C.
For driveways, the dimensions used shall be determined by the classification
of street being intersected.
D.
The legs of a clear sight triangle shall be measured as follows:
A leg of a triangle that is along the center line of a local street
or a commercial driveway shall be 25 feet long. A leg of a triangle
along the center line of each collector street shall be 200 feet.
A leg of a triangle along the center line of each arterial street
shall be 300 feet long. These legs of a triangle shall be connected
by a third longer leg to form a triangle. The legs shall be measured
from the point of intersection of the street cartways (disregarding
the curved radius at the corner).
E.
Within the area of clear sight triangles, obstructions to visibility
shall not be permitted within the following ranges of height:
(1)
For all streets, between three feet and eight feet above the
edge of paving.
(2)
Any plant materials placed within clear sight triangles shall
be properly maintained to continually comply with the height restrictions
herein. If not properly maintained, the Borough reserves the right
to trim or remove the plant materials, upon due notice to the property
owner.
(3)
Traffic signals and signs, public street lamps, and utility
poles may be placed within clear sight triangles as necessary, with
every effort made to avoid interfering with clear sight.
(4)
Exceptions may be made by the Hatboro Borough Council to permit
the following items in a clear sight triangle:
(a)
One private sign or lamp post, provided that the post does not
exceed one foot square or diameter, and that the sign or lamp itself
is above the top height limitation.
(b)
One shade tree, provided that, as the tree matures, its lower
branches will be removed within the restricted height ranges.
(c)
Existing shade trees, provided that the lower branches are removed
within the restricted height ranges, and that the size, number, and
arrangement does not impede adequate visibility. The Hatboro Borough
Council may require removal of one or more trees as necessary to provide
adequate visibility.
(5)
Grading within a clear sight triangle shall not exceed a 6%
increase measured from the elevation of the edge of paving. Existing
grades in excess of 6% shall be regraded into compliance.
(6)
Where street or driveway grades drop off from an intersection,
the Hatboro Borough Council may modify these requirements as necessary
to improve visibility at the intersection.
13.
Parking and Related Internal Driveways. Parking and related internal
driveways shall be governed by the following regulations.
A.
General.
(1)
Off-street parking facilities shall be provided in compliance with the parking requirements of the Zoning Ordinance [Chapter 27] and the regulations contained herein.
(2)
Angled or perpendicular parking shall not be permitted along
public or private streets, except where specifically permitted by
this or other ordinances.
(3)
The terms "parking lot," "parking area," and "parking" are interchangeable.
"Parking" includes the driveway which provides direct access to the
parking spaces.
B.
All Parking Lots.
(1)
Parking shall not be permitted along driveways which serve as
the entrance(s) or exit(s) to parking areas with a capacity of 50
cars or more. A minimum driveway length of 30 feet shall be provided
between the road ultimate right-of-way line and the first parking
space or internal driveway intersection.
(2)
Parking areas shall be set back from tract boundary lines and ultimate right-of-way lines in compliance with the requirements of the Borough Zoning Ordinance [Chapter 27]. In any case not regulated by zoning, parking areas shall not be located closer than 15 feet from any tract boundary line or ultimate right-of-way line. These setback areas shall be landscaped in accordance with § 22-413, Subsection 4, "Parking Lot Landscaping."
(3)
Where the edge of an existing parking area is located close to a street, driveway, or other parking area and the property is proposed for subdivision and/or land development, a minimum separation of 10 feet shall be provided between these features where feasible. This spacing shall consist of a raised landscaped area, preferably curbed, with planting in conformance with § 22-413, Subsection 4, herein.
(4)
Dead-ended parking areas shall be discouraged when the required
parking capacity can be accommodated in a layout that permits more
convenient vehicular movements. However, extraneous through-traffic
flow shall be avoided.
(a)
Up to 30 parking spaces may also be located in a dead-ended
parking area if there is no more desirable alternative feasible, and
sufficient back-up areas provided for the end stalls.
(b)
More than 30 parking spaces may be located in a dead-ended parking
area only if a turnaround area is provided at the closed end, suitable
for passenger car turning. The turnaround area may be circular, "T"
or "Y" shaped, or other configuration acceptable to the Hatboro Borough
Council.
(5)
Parking spaces designed for the exclusive use by disabled persons
shall be installed in all parking lots as close and convenient to
building entrances as is reasonable. The specific number and locations
of handicapped stalls shall be in conformance with the Americans with
Disabilities Act (ADA) as last revised.
D.
Nonresidential Parking Lots.
(3)
Parking lots for more than 100 cars shall be divided into sections by raised and/or curbed planting strips, a minimum of nine feet wide, landscaped in accordance with § 22-413, Subsection 4, herein.
(a)
These planting strips shall be located parallel to the rows
of parking, to serve the following purposes:
1)
To separate main access (entrance-exit) driveways from rows
of parking spaces.
2)
To separate other major driveways from rows of parking spaces
(service drives, general internal circulation).
3)
To separate large parking areas into smaller units at intervals
of not more than four rows of parking stalls with each unit capacity
not greater than 100 cars.
(b)
The ends of rows of parking shall be marked as islands by means
of painted lines, the use of different paving materials such as paving
blocks, bricks, or round stones or planted islands.
1)
Marked, end islands shall be equal in size to one parking space
for each row of spaces.
2)
Parking shall be prohibited on these islands.
3)
The first parking space abutting the end of each island shall
be reserved and marked as parking for disabled persons, at the end
of the row closest to the building unless more convenient locations
are available. Ramps shall be provided at convenient intervals for
access between parking surface and sidewalks.
(c)
For parking areas with an ultimate capacity greater than 500
cars, the requirements of clause (b)3), above may be modified by the
Hatboro Borough Council to provide separation into units at intervals
of six rows of parking stalls, with each unit capacity no greater
than 150 cars.
(d)
The applicant may request the Borough to permit an alternative
design which achieves the purposes of these parking area requirements
as well or better than the requirements herein. The final decision
to permit an alternative design shall be made by the Hatboro Borough
Council, with the advice of the Borough Planning Commission and Engineer.
(4)
The primary plant materials used shall be shade or canopy trees,
chosen from the list of plant materials listed in the Borough of Hatboro
Specifications and Design Standards, incorporated herein by reference
and as may be amended from time to time by Resolution of Borough Council.
These trees shall be planted in the planting strips at a spacing equal
to the minimum spacing recommended for the type of tree.
(5)
Additional planting is encouraged and may include a variety
of ornamental trees, shrubs, and ground covers, chosen from the list
of plant materials in the Borough of Hatboro Specifications and Design
Standards, incorporated herein by reference and as may be amended
from time to time by Resolution of Borough Council, provided that:
(a)
At the ends of planting strips at driveway intersections, drivers'
visibility shall be maintained by limited plantings within 35 feet
of the intersection.
(b)
At the ends of planting strips between rows of parking spaces,
visibility shall be maintained by limited plantings within 20 feet
of the intersection.
(6)
The specific purposes to be served by these requirements are:
(a)
To add visual character and improve the appearance of large
parking areas by reducing their massiveness into smaller units.
(b)
To provide shade for parked cars.
(c)
To reduce random vehicular flow across parking areas.
(d)
To permit a high level of visibility for these uses (stores,
offices) for which visibility is an important factor.
(e)
To facilitate snow removal and storm drainage, and to conserve
energy in construction and resurfacing operations, by permitting relatively
large units of paving surface, not obstructed by numerous, small,
barrier island areas.
E.
Parking Area Dimensions. The parking requirements of the Zoning Ordinance [Chapter 27] shall apply to any subdivision or land development.
(1)
Parking Areas. In parking lots that service residential, institutions
or retail areas, stalls shall have a minimum dimension of nine feet
by 18 feet with a twenty-two-foot aisle.
(2)
At the discretion of the Hatboro Borough Council the minimum
length of parking stalls may be reduced by one foot if an overhanging
area of grass or other pervious surface and is separated from the
paved area by a bumper stop which allows the parked vehicle to extend
at least one foot over the edge of the pavement.
(3)
The minimum dimensions for parallel parking stalls are nine
feet by 22 feet.
(4)
Angled parking can be used at the discretion of the Hatboro
Borough Council. Aisles abutting angled parking spaces should be restricted
to one-way traffic.
(5)
The minimum dimensions for angled parking spaces are indicated
in the Borough of Hatboro Specifications and Design Standards, incorporated
herein by reference and as may be amended from time to time by Resolution
of Borough Council.
(6)
Where parking stalls abut sidewalks, parked vehicles shall not
overhang the sidewalks unless the sidewalk is widened by one foot.
(7)
Parking spaces for physically disabled persons shall be 12 feet
wide and equal in depth to the spaces abutting them in accordance
with standards developed under the Americans with Disabilities Act
(ADA).
14.
Driveways Within Sites Proposed for Development. The following requirements
apply to all driveways within all sites proposed for land development.
A.
Smooth transition shall be provided between the driveway section
required for access to a public street and the driveway(s) required
for internal site circulation.
B.
Main access driveways (entrance-exit), and service driveways handling
trucks shall be a minimum paved width of 30 feet, with one lane in
each direction, unless otherwise required by PennDOT standards governing
the volume of traffic anticipated.
C.
Access driveways for cars and other small vehicles which are clearly
secondary in importance may be reduced to 26 feet in paved width,
unless otherwise required by PennDOT standards governing the volume
of traffic anticipated.
D.
Storefront driveways in shopping centers shall be a minimum paved
width of 35 feet, to allow one lane in each direction and a drop-off/pick-up
lane along the sidewalks.
E.
Driveways along other nonresidential buildings shall be a minimum
paved width of 26 feet, except where a drop-off/pick-up lane is proposed,
the width shall be 35 feet.
15.
New Dwellings and Lots along Narrow Streets and Alleys. Each land
development involving three or more new dwelling units and each new
lot shall have frontage along a street with a minimum right-of-way
width of 24 feet and a minimum paved cartway width of 18 feet, unless
a more restrictive requirement applies.
[Ord. 1005, 5/23/2011]
1.
Topsoil Protection.
A.
The top six inches of soil that existed naturally on the site prior
to subdivision or land development shall be stockpiled on the site.
B.
Following construction, the stockpiled soil shall be redistributed
uniformly on the site to a minimum depth of six inches.
C.
All disturbed areas excluding the stockpile soil of the site shall
be stabilized and protected against erosion in compliance with the
Erosion and Sediment Pollution Control Program Manual as prepared
by the Bureau of Watershed Management Division of Waterways, Wetlands
and Stormwater Management, Commonwealth of Pennsylvania, Department
of Environmental Protection, Office of Water Management.
D.
Any topsoil in excess of six inches in depth that existed prior to
subdivision or land development may be stockpiled separately for other
uses by the applicant. Topsoil may be removed from the site only upon
issuance of a permit by Borough Council to ensure that sufficient
topsoil will remain on the site and in the Borough.
2.
Soil Erosion and Sediment Pollution Control. The requirements of
25 Pa. Code, Chapter 102 shall apply to all subdivisions and land
developments.
A.
General.
(1)
For qualifying tracts, no changes shall be made in the contour
of the land; no grading, excavating, removal or destruction of the
topsoil, trees or other vegetative cover of the land shall be commenced
until such time that a plan for minimizing erosion and sedimentation
has been approved by the Montgomery County Conservation District.
(2)
No subdivision or land development plan shall be approved unless:
(a) there has been a plan approved by Borough Council that provides
for minimizing erosion and sedimentation consistent with this section,
and an improvement bond or other acceptable securities are deposited
with the Borough in the form of an escrow guarantee which will ensure
installation and completion of the required improvements; or, (b)
there has been a determination by the Montgomery County Conservation
District that a plan for minimizing erosion and sedimentation is not
necessary.
(3)
Borough Council, in its consideration of any preliminary plan
of subdivision and land development shall condition its approval upon
the execution of measures designed to prevent accelerated soil erosion
and resulting sedimentation, as required by DEP and the Montgomery
County Conservation District. The Borough Engineer shall assure compliance
with appropriate specifications and requirements.
B.
Performance Principles.
(1)
Any effective methods of minimizing erosion and sedimentation
that are satisfactory to the Borough Engineer and Montgomery County
Conservation District can be included in the plan. Any method shall
be discussed with the Borough Engineer and Montgomery County Conservation
District prior to submission.
(2)
No unfiltered stormwater coming from an area which has been
disturbed shall be permitted onto an adjacent tract.
C.
Responsibility.
(1)
Whenever sedimentation is caused by stripping vegetation, regrading
or other development activity, it shall be the responsibility of the
person, corporation or other entity causing such sedimentation to
remove it from all adjoining surfaces, drainage systems and watercourses
and to repair any damage at his expense as quickly as possible.
(2)
It is the responsibility of the person, corporation or other
entity causing, or directing to cause such sedimentation, stream,
watercourse or swale or upon the floodplain or right-of-way thereof,
to maintain, as nearly as possible, in its present state the stream,
watercourse, swale, floodplain or right-of-way during the activity
and to return it to its original or equal condition after such activity
is completed.
(3)
No person, corporation, or other entity shall block, impede
the flow of, alter, construct any structure, or deposit any material
or thing, or commit any act which will affect normal or flood flow
in any stream or watercourse without having obtained prior approval
from the Borough, Montgomery County Conservation District or DEP,
whichever is applicable.
D.
Compliance with Regulations and Procedures.
(1)
Final plans for minimizing erosion and sedimentation as approved will be incorporated into the agreement and security requirements as required under Part 5 of this chapter.
(2)
The approval of plans and specifications for the control of
erosion and sedimentation shall be concurrent with the approval of
the final plans of subdivision or land development, and become a part
thereof.
(3)
At the time that a building permit is applied for, a review
shall be conducted by the Borough Engineer to ensure conformance with
the plan as approved. During construction, further consultative technical
assistance will be furnished, if necessary, by the Borough Engineer
and the Montgomery County Conservation District. During this development
phase, the Borough Engineer or Borough Code Officer shall inspect
the development site and enforce compliance with the approved plans.
(4)
Permission for clearing and grading after preliminary plan approval
may be obtained under temporary permits or other conditions satisfactory
to the Borough, at the applicant's risk.
3.
Grading. All permanent and temporary cutting, filling, grading, regrading, and/or other forms of earthmoving activities shall be known as "grading" and shall be conducted only in compliance with Part 7 of this chapter.
A.
All grading shall be set back from property lines a sufficient distance
but at least a minimum of five feet to prevent any adverse effects
on adjacent properties.
B.
Whenever grading will increase the volume or velocity of stormwater
flow toward a property line, the applicant shall install and maintain
drainage facilities sufficient to prevent adverse effects on the adjoining
property, in compliance with the Technical and Engineering Standards.
The construction and operation of these drainage facilities shall
not cause any adverse effects on abutting properties.
C.
Along property lines, where grading creates an abrupt drop-off from
the abutting property, in contrast to a previously existing gradual
change, the applicant shall be required to install a fence or other
suitable protective barrier.
D.
A permit shall be required for grading operations. Permits shall
be issued by the Zoning Officer upon recommendation of the Borough
Engineer for each tract, lot, parcel, or site which comprises a separate
operation, unrelated to or not contiguous with nearby grading proposed
or performed by the applicant. A permit shall not be required in the
following situations, however:
[Ord. 1005, 5/23/2011]
1.
General. The developer shall construct and/or install such drainage
structures as necessary to:
A.
Prevent erosion damage and to satisfactorily carry off or detain
and control the rate of release of surface waters.
B.
Encourage all runoff control measures to percolate the stormwater
into the ground to aid in the recharge of groundwater.
C.
Carry surface water to the nearest adequate street, storm drain,
detention basin, natural watercourse or drainage facility.
D.
Take surface water from the bottom of vertical grades, to lead water
away from springs, and to avoid excessive use of cross gutters at
street intersections and elsewhere.
E.
Not only handle the anticipated peak discharge from the property being subdivided or developed, but also the existing and forecasted runoff being contributed from all land at a higher elevation in the same watershed. Where available, the Stormwater Management Plan for the watershed prepared in accordance with Storm Water Management Act, 32 P.S. § 680.1 et seq., shall be used for determining surface water runoff release rate as indicated in Part 7, "Technical and Engineering Standards."
F.
Maintain the adequacy and integrity of the natural stream channels.
Accelerated bank erosion shall be prevented by controlling the rate
and velocity of runoff discharge to these watercourses.
G.
Preserve the adequacy of existing culverts and bridges by suppressing
the new flood peaks created by new land development.
H.
Provide off-site improvements to satisfactorily handle the stormwater
from the proposed development if the Stormwater Management Plan indicates
a need.
I.
Satisfy all requirements of the Hatboro Stormwater Management Ordinance [Chapter 23], as amended. If the requirements of the Hatboro Stormwater Management Ordinance [Chapter 23] are more restrictive than this chapter or are in conflict with this chapter, the Stormwater Management Ordinance [Chapter 23] shall apply.
2.
Retention of Existing Watercourses and Natural Drainage Features.
A.
Whenever a watercourse, stream, or intermittent stream is located
within a development site, it shall remain open in its natural state
and location and shall not be piped.
B.
A fifty-foot wide buffer from each side of the edge or bank of a
watercourse shall be maintained. No removal of vegetation, except
for routine clearing and thinning of dead trees and shrubs or mowing
of existing lawns or fields shall take place within this buffer area
without specific permission of the Borough.
C.
The existing points of natural drainage discharge onto adjacent property
shall not be altered without the written approval of the affected
landowners.
D.
No stormwater run-off or natural drainage shall be so diverted as
to overload exiting drainage systems, or create flooding or the need
for additional drainage structures on other private properties or
public lands. In cases where additional stormwater flows will overload
adjacent structures, the applicant shall be responsible for enlarging
the facilities.
E.
Drainage Swales. Drainage swales shall be incorporated into the land
development or subdivision to convey concentrated stormwater flows
away from streets and structures and toward stormwater control devices,
storm sewers, or water bodies. Because of their critical nature, the
design of all vegetated channels shall, at a minimum, conform to standards
of DEP and the Montgomery County Conservation District.
F.
Storm Drainage Pipe. In areas with high velocities of stormwater
where swales or surface culverts are not appropriate, storm sewers
shall be provided in conformance with the appropriate technical and
engineering standards.
G.
Stormwater Detention/Retention Areas.
(2)
Selected stormwater control devices shall be compatible with
the site characteristics. Preference shall be given to control systems
that provide water quality and groundwater recharge benefits.
(3)
When basins are provided, they shall be designed to utilize
the natural contours of the land whenever possible. When such design
is impracticable, the construction of the basin shall utilize slopes
as flat as possible to blend the structure into the terrain.
(4)
Prior to the granting of final approval of any subdivision or
land development plan, the Borough must be satisfied through contractual
arrangements that all stormwater facilities will be properly maintained.
If all, or a portion, of the facilities will be on property which
will be conveyed to an individual homeowners association or any other
eventual owner, the guarantees must be in such a form that they will
carry through to the new owners.
(5)
If the land of the proposed subdivision or land development
will be conveyed to two or more separate owners, the developer shall
provide written assurance and deed restrictions to the Borough that
the basins will be properly maintained, by the owners or if acceptable
to the Borough, be dedicated to the Borough, which shall then be responsible
for maintaining the basins.
(6)
Basins shall be designed to facilitate regular maintenance,
mowing and periodic desilting and reseeding. The required maintenance
and maintenance schedule must be included on the plans.
(7)
Basins shall not be located within floodplain, floodplain soils,
or within the fifty-foot wide stream buffer, whichever is greater.
(8)
In residential subdivisions and residential developments, shallow
broad basins are preferred to steep sided basins.
(9)
The area of basins which have more than 50% of the perimeter
of its sides in slopes of greater than 10% or basins that retain stormwater
for more than 24 hours shall not be included in the open space required.
(10)
The maximum slope of the earthen basin embankments shall be
four to one. The top or toe of any slope shall be located a minimum
of five feet from any property line. The minimum top width of the
basin berm shall be 10 feet.
H.
Drainage Easements. Drainage easements shall be provided to accommodate
all storm drainage requirements and shall be a minimum of 30 feet
in width. Storm sewers, as required, shall be placed in the road right-of-way,
parallel to the roadway and shall be designed as a combination storm
sewer and underdrain. When located in undedicated land, they shall
be placed within an easement not less than 20 feet wide, as approved
by the Borough Engineer.
I.
Storm Drainage Pipe. In areas with high velocities of stormwater
where swales or surface culverts are not appropriate, storm sewers
shall be provided in conformance with the appropriate technical and
engineering standards.
[Ord. 1005, 5/23/2011]
1.
Additional Regulations for Floodplain Areas. The regulations contained herein shall apply in the one-hundred-year floodplain as identified in the Zoning Ordinance [Chapter 27].
A.
The regulations contained herein are intended to conform to the requirements
of the National Flood Insurance Program as amended and the Pennsylvania
Floodplain Management Act, 32 P.S. § 679.101 et seq., as
amended to:
(1)
Regulate the subdivision and development of floodplain areas
in order to promote the general health, welfare, and safety of the
community.
(2)
Require that each subdivision lot or development site in floodplain
areas be provided with a safe building site with adequate access;
and that public facilities which serve such sites be designed and
installed to preclude flood damage at the time of initial construction.
(3)
Protect individuals from buying lands which are unsuitable for
use because of flood hazards by prohibiting the subdivision and development
of unprotected floodplain areas.
(4)
Maintain the certification of the Borough and the eligibility
of the property owners in the Borough for the benefits of the National
Flood Insurance Program.
B.
Prospective developers shall consult with the Zoning Officer to make
a determination as to whether or not the proposed subdivision or land
development is located within an identified floodplain.
C.
Where not prohibited by this or any other codes or ordinances, land
located in floodplain may be subdivided or developed in accordance
with this and any other codes or ordinances regulating such development.
D.
The finished elevation of proposed streets within floodplain areas
shall be a minimum of two feet above the base flood elevation. Drainage
openings shall be sufficient to discharge flood flows without increasing
flood heights onto lands of other property owners.
E.
Storm drainage facilities, in designated floodplain areas, shall
be designed to convey the one-hundred-year flow without risk to persons
or property. The drainage system shall ensure drainage at all points
along streets, and ensure conveyance of drainage away from buildings.
F.
All new or replacement sanitary sewer systems, whether public or
private, located in floodplain areas shall be flood-proofed, and all
appurtenances thereto (including, but not limited to, pumping stations)
shall be flood-proofed up to a point two feet above the base flood
elevation.
G.
All other new or replacement public or private utilities and facilities
in floodplain areas shall be elevated or flood-proofed to a point
two feet above the base flood elevation.
H.
Waivers. Guidelines for relaxation from the requirements set forth
in this section are as follows:
(1)
A waiver shall not be issued within any designated regulatory
floodway if any increase in flood levels during the base flood discharge
would result.
(2)
A waiver shall only be issued if there is:
(a)
A determination that failure to relax the requirements would
result in exceptional hardship to the applicant.
(b)
A determination that the relaxing of a requirement will not
result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws
or ordinances.
(c)
A determination that relaxing of a requirement will not result
in any adverse impact on adjacent landowners either upstream or downstream.
(3)
A waiver may only be issued upon a determination that the waiver
is the minimum necessary, considering the flood hazard to afford relief.
I.
Where the subdivision or land development lies partially or completely
in a floodplain, or where the subdivision or land development borders
on a floodplain, the plan shall include detailed information identifying
the following:
J.
The regulations for flood areas stated herein are in addition to
any regulations imposed on the applicant by DEP, Montgomery County
Conservation District and/or the U.S. Army Corps of Engineers. The
applicant is responsible to obtain any and all required local, state
and federal permits.
2.
Wetlands.
A.
The presence of hydric soils may indicate the presence of wetlands.
When hydric soils are indicated on the site, a wetlands study shall
be conducted in accordance with the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands. In the event no wetland study
is undertaken, the location of hydric soils on site will be assumed
to be wetlands for the purpose of this chapter and so noted on the
plan.
(1)
A jurisdictional determination from the U.S. Army Corps of Engineers
shall be required if hydric soils are present per the Soil Survey.
B.
Wetlands as defined by the U.S. Army Corps of Engineers and the Commonwealth
of Pennsylvania in accordance with § 404 of the Federal
Clean Water Act of 1977 as amended and Chapter 105 of the Pennsylvania
Clean Streams Act Amendments of 1978 as amended shall be preserved
in subdivisions and land developments. Required permits shall be obtained
at an early stage to determine the extent and location in proposed
subdivision and/or land development.
C.
When a wetland is identified, a fifty-foot minimum buffer shall be
delineated so as to protect the wetland area from building. Building
setback lines shall be measured from the edge of the wetlands buffer
area.
3.
Woodlands and Vegetation. Preservation of existing woodlands, mature trees, and unique vegetation is required to maintain habitat and protect soil from erosion. Existing woodlands shall be incorporated into common open space, buffer areas, and on large lots. The developer is encouraged to prune existing wooded areas in order to remove diseased, dead or damaged trees. Woodland protection standards are contained in § 22-413, Subsection 1, of this chapter.
[Ord. 1005, 5/23/2011]
1.
Subdividers, builders and developers shall provide a connection to
each dwelling and principal building from the public water system.
A.
Applicants shall present evidence to Borough Council that the subdivision
or land development is to be supplied by a certificated public utility,
or by a municipal corporation, authority, or utility.
2.
Waste Water Disposal. Waste water from a subdivision or land development
must be disposed of in an environmentally safe manner.
A.
Sanitary Sewers. Unless applicant is in an area that cannot be served
by public sewer, sanitary sewers shall be installed and connected
to the Borough or authority sanitary sewer system following review
of plans and approval by DEP and the municipal authority. In areas
not presently served by central sanitary sewers, appropriate sewage
disposal must be provided in accordance with the regulations of DEP
and in addition, the installation and capping of sanitary sewer mains
and house connections may be required if studies by Borough Council
indicate that extension of sanitary sewers to serve the property subdivided
appears probable or necessary to protect public health.
B.
Private Pretreatment for Industrial Uses. Pre-treatment sewage disposal
for industrial uses, by means of private treatment plants or other
facilities may be permitted in compliance with DEP regulations and
municipal ordinance requirements.
3.
Solid Waste Storage.
A.
Central Trash Storage (Including Commercial Establishments, Apartments
and Condominiums). Trash and recyclable storage areas shall be developed
as follows:
(1)
Design. All trash collection equipment shall be placed within
enclosures. Enclosures shall be at least large enough to adequately
contain all trash and recyclable material containers. Generally the
sizing and type of storage containers will depend upon the amount
of trash and recyclables expected to be generated in the buildings
they service. Enclosures shall be six feet high or at least one foot
higher than the proposed collection container. Enclosures shall be
made of durable material including masonry blocks or steel reinforced
wood or plastic fencing. In most cases, garden type fencing or landscaping
is not durable enough. The entrance to the enclosure shall be at least
10 feet wide to accommodate front loading trucks. Gates placed on
the entrance shall be durable and equipped with piston type bolts
to secure gates in both a closed and open position.
The trash storage area shall be placed on a concrete pad. The
dimensions of the pad are dependent on the number and size of proposed
containers. Ideally, the pad shall extend six to 10 feet in front
of where the proposed container is to be placed to support the front
wheels of the trash truck servicing the site. The area above the container
shall be free of obstructions. Generally, a fifteen-foot clearance
above the storage area is sufficient.
|
(2)
Locations. In locating a trash storage, area several objectives shall be balanced including spatial demands, distance from source of trash generation, setback from adjoining property as provided for in the Zoning Ordinance [Chapter 27], and access for disposal trucks. Trash storage may be placed near building service entrances or loading docks. In apartment or condominium complexes with centralized waste storage, containers may be located in an area which is convenient to each grouping of 10 to 15 units. Spatial consideration (i.e., loss of parking area or loading space) is important. An access lane of 100 feet must be provided for trash storage areas.
During the servicing of these containers (up to five minutes), it is important that internal circulation at the site is not impeded. Trash containers ideally shall be within a building setback in a given zoning district. At a minimum, they shall be set back in accordance with accessory structures as provided in the Zoning Ordinance [Chapter 27].
|
(3)
Operations. Trash storage containers shall be serviced at least
once a week. Recycling containers can be serviced at a less frequent
interval. If a dumpster contains food it shall be serviced every three
days. A storage container shall have tight fitting lids, secured at
all times, and be leak free. It shall also be cleaned out at least
two times a year.
[Ord. 1005, 5/23/2011]
1.
Subdividers, developers, or builders are encouraged to consider the
following standards in subdivisions and land developments to protect
solar access and reduce the impact of heat.
A.
Streets. In planning a subdivision or land development to protect
solar access, the street system should be oriented to the extent possible
in an east-west direction.
B.
Lot Angles. Side lot lines should be laid out in a north-south direction
where the resulting angle with the street line is not less than 30°.
A variation of up to 25° east or west of the north/south axis
of the side lot lines shall be permitted.
C.
Building Orientation. Buildings should be located so as to receive
unobstructed sunlight on the south wall of their long axis. At least
25% of the structures should have solar access.
D.
Street Trees. Street trees should be planted by the subdivider, developer,
or builder along all streets in the development with due consideration
of solar access and shading. The trees should not impede solar access.
E.
Open Space. Where open space is being provided as part of the subdivision
or land development, it shall be located, whenever possible, to provide
a buffer from the shading effects of taller structures on existing
or proposed shorter structures.
[Ord. 1005, 5/23/2011]
1.
Vegetation Protection.
A.
All subdivisions and land developments shall be laid out in such
a manner as to minimize the removal of healthy trees and shrubs. Special
consideration shall be given to major specimen trees. The following
guidelines shall be used in determining whether specific vegetation
is to be preserved or removed:
(1)
Healthy trees with a trunk diameter of six inches or greater,
measured 4.5 feet above the ground, tree masses or woodland shall
be preserved, unless one or more of the following conditions apply:
(a)
The center of the tree lies within 20 feet of the foundation
of a new structure.
(b)
The tree is unhealthy, diseased, or of an undesirable variety.
(c)
The tree or trees obstruct proposed clear sight triangles, other
than the trunk of the tree.
(d)
The center of the tree is located within 10 feet of a proposed
cartway, parking area, utility corridor, on-site sewage system, or
sidewalk portion of a right-of-way.
(2)
It shall be the responsibility of the applicant, to demonstrate
that existing vegetation removal is minimized by showing that no alternative
layouts are possible, and that no alternative clearing or grading
plan would reduce the loss of mature trees, tree masses and woodlands.
(3)
Mature trees, tree masses, or woodlands that do not fit the
above criteria shall be designated "TO BE REMOVED." These trees shall
be removed during construction. However, if trees are of transplantable
size and species, transplanting is recommended. (See Subsection 1C).
B.
Existing vegetation to remain shall be identified in the field prior
to any clearing and physically protected during construction. A temporary
physical barrier such as a snow fence shall be erected outside the
dripline on all sides of individual trees, tree masses, and woodlands
prior to clearing and construction. The barrier shall be placed to
prevent disturbance to or compaction of soil inside the barrier, and
shall remain until construction is complete.
C.
Mature trees or individual trees from woodlands or tree masses that are to be removed may be transplanted with a tree spade from one area of the site to another. Pruning, fertilizing, staking and guying is not always appropriate for large transplanted trees and decision of such shall be at the discretion of the transplanting professional. Transplanted trees shall be maintained and provided the same warranty period as newly installed trees per § 22-713, Subsection 4, and replaced per § 22-413, Subsection 1E, if they do not survive.
D.
Credit for Tree Preservation. If existing trees are preserved, they
may serve as a credit towards the number of deciduous shade or ornamental
trees required to be planted. Existing tree caliper shall be taken
at 4.5 feet above existing grade. The following table shall be used
to determine the credit:
Existing caliper of 30 inches and above
|
4 Tree Credit
| |
Existing caliper of 15 to 29 inches
|
3 Tree Credit
| |
Existing caliper of 7 to 14 inches
|
2 Tree Credit
| |
Existing caliper of 2 to 6 inches
|
1 Tree Credit
|
E.
Tree Replacement Requirements.
(1)
Any tree three inches in caliper or greater, removed in conjunction
with a subdivision or land development shall be replaced on site.
Should sufficient area not exist on site, the applicant may install
trees elsewhere in the Borough, as directed by the Director of Parks
and Recreation, or provide a fee in-lieu-of replacement trees. The
fee for each tree shall be determined at market rate for installation,
guarantee, etc.
(2)
Replacement trees shall be a minimum of 2.5 inches in caliper
at the time of installation.
(3)
Replacement trees shall be provided at an inch-per-inch replacement
ratio.
(4)
Trees which are diseased and which should be removed for safety
or for the protection of other healthy trees, as certified by a trained
arborist, may be removed and will not be subject to the requirements
of this section.
(5)
Tree removal necessary to accommodate public utilities or public
facilities to be constructed or installed by the Borough or the Borough
Authority shall be exempt from the requirements of this section.
(6)
Trees required to be planted in accordance with this section
shall be installed in addition to other landscaping requirements set
forth in this chapter.
2.
Buffer and Screens.
A.
All subdivisions and land developments shall be landscaped with the
following two components:
B.
The following requirements are minimum standards; additional plant
material, berms, or architectural elements may be included in the
plan at the applicant's discretion.
C.
Property Line Buffer Requirements.
(2)
An on-site investigation by the applicant shall determine the
adjacent land uses along each property boundary. In the case where
adjoining or adjacent land is vacant, then the zoning district shall
be used for the intensity of proposed land uses to determine the amount
and type of plant material required for buffering. In the case where
there are several permitted uses on a site, the most restrictive requirements
shall apply. The Borough shall have final approval of interpretation
of the land uses or zoning map.
(3)
The quantity and type of materials shall be determined by the
intensity of the proposed use land use and the adjacent use, vacant
land or zoning district, according to Figure IV-6.
(4)
Buffer Area Location and Dimensions.
(a)
A buffer area of not less than 25 feet nor more than 50 feet in width shall be established along all property lines unless otherwise specified in the Zoning Ordinance [Chapter 27].
(b)
The buffer area may be included within the front, rear or side
yard setback.
(c)
The buffer area may be a continuous planting bed consisting
of trees, and shrubs, and grass or ground cover.
(d)
Parking is not permitted in the buffer area.
(e)
Site element screens are permitted in the buffer area.
(f)
Stormwater detention basins are permitted in the buffer area.
(5)
Plant Material Quantities and Types. For every 100 linear feet
of property line to be buffered, the following minimum quantities
and types of plant material shall be required:
Low Intensity
|
1
|
Canopy tree
| |
2
|
Ornamental trees
| ||
Medium Intensity
|
1
|
Canopy tree
| |
2
|
Ornamental trees
| ||
2
|
Evergreen trees
| ||
5
|
Shrubs
| ||
High Intensity
|
1
|
Canopy tree
| |
2
|
Ornamental trees
| ||
5
|
Evergreen trees
| ||
10
|
Shrubs
|
(6)
Design Criteria.
(a)
The required plant material shall be distributed over the entire
length and width of the buffer area.
(b)
Buffer area plant material may be arranged symmetrically (formal)
or asymmetrically (informal) and may be grouped to form plant clusters.
However, informal groupings which reflect the natural character of
the county are encouraged.
(c)
Plants shall be spaced to provide optimum growing conditions.
(d)
A variety of deciduous tree species is required as follows:
No. of Trees
|
Minimum No. of Tree Species
|
Maximum Percentage of 1 Species
| |
---|---|---|---|
0-5
|
1
|
100%
| |
6-15
|
2
|
50%
| |
16-30
|
3
|
40%
| |
31-50
|
4
|
30%
| |
51+
|
6
|
20%
|
(7)
Existing healthy trees, shrubs, or woodlands may be substituted
for part or all of the required plant material at the discretion of
the Hatboro Borough Council. The minimum quantities and or visual
effect of the existing vegetation shall be equal to or exceed that
of the required buffer.
(8)
Existing topography, such as embankments or berms, may be substituted
for part or all of the required property line buffer at the discretion
of the Hatboro Borough Council. The minimum visual effect shall be
equal to or exceed that of the required buffer.
D.
Site Element Screens.
(1)
Appropriate site element screens shall be required in all proposed
land developments around but not limited to these site elements when
these are located partially or fully within 100 feet of the property
line or road right-of-way:
(a)
Parking lots.
(b)
Dumpsters, trash disposal, or recycling areas.
(c)
Service or loading docks.
(d)
Outdoor storage or sales yard.
(e)
Vehicle storage.
(f)
Single family attached rear yards.
(g)
Multi-family house rear yards.
(h)
Active recreation facilities.
(i)
Detention basins.
(j)
Sewage treatment plants and pumping stations.
(k)
Site elements with similar to above visual impact.
(2)
Screen Location. The site element screen shall be placed between
the site element and the property line to block views to the maximum
extent possible. The screen shall be located as close as possible
to the site element surrounding it without impeding function or encroaching
on sight triangles.
(3)
Existing healthy trees, shrubs, or woodlands may be substituted
for part or all of the required plant material at the discretion of
the Hatboro Borough Council. The minimum quantities and or visual
effect of the existing vegetation shall be equal to or exceed that
of the required screen.
(4)
Existing topography, such as embankments or berms, may be substituted
for part or all of the required site element screen at the discretion
of the Hatboro Borough Council. The minimum visual effect shall be
equal to or exceed that of the required screen.
(5)
The applicant may propose the use of alternative screen types
or changes in plant materials or designs which fulfill the intent
of these regulations with the approval of the Hatboro Borough Council.
3.
Street Trees.
A.
Street trees shall be required:
(1)
Along all existing streets when they abut or lie within the
proposed subdivision or land development.
(2)
Along all proposed streets.
(3)
Along access driveways which serve five or more residential
dwelling units or two or more nonresidential properties.
(4)
Along major walkways through parking lots and between nonresidential
buildings, as recommended by the Borough Planning Commission.
B.
The street tree requirements may be waived by the Hatboro Borough
Council where there is sufficient existing vegetation or to maintain
scenic views of open space, farmland, natural features, or solar access.
C.
Street trees shall be provided by the subdivider or developer between
the ultimate right-of-way and the building setback line, and shall
meet these standards:
(1)
Trees shall be planted a minimum distance of five feet and a
maximum distance of 15 feet from the ultimate right-of-way line. However,
in certain cases, the Hatboro Borough Council may permit trees to
be planted within the ultimate right-of-way:
(2)
In nonresidential developments, trees shall be located within
a planting bed within the front yard setback, at least 10 feet in
width, planted in grass or ground cover. In areas where wider sidewalks
are desirable, or space is limited, planting pits may be used.
(3)
Trees shall be located so as not to interfere with the installation
and maintenance of sidewalks and utilities. Trees shall be planted
a minimum of three feet from curbs and sidewalks, 15 feet from overhead
and underground utilities.
(4)
Trees shall be planted at a ratio of at least one tree per 50
feet of frontage or fraction thereof. Trees shall be distributed along
the entire frontage of the property although they need not be evenly
spaced.
4.
Parking Lot Landscaping.
A.
Parking lots shall be effectively landscaped with trees and shrubs
to reduce the visual impact of glare, headlights, and parking lot
lights, to delineate driving lanes and define rows of parking. Parking
lots should be adequately landscaped to provide shade in order to
reduce the amount of reflected heat and to improve the overall aesthetics
of the parking lot.
B.
All parking lots with 10 or more stalls shall be landscaped according
to the following regulations.
(1)
One planting island shall be provided for every 10 parking stalls.
There shall be no more than 10 continuous parking stalls in a row
without a planting island.
(2)
In residential developments large parking lots shall be divided
into smaller parking areas of no more than 40 stalls by planting strips.
(3)
In nonresidential developments large parking lots shall be divided
into smaller parking areas of no more than 100 stalls by planting
strips.
(4)
Planting islands shall be a minimum of nine feet by 18 feet
in area, underlain by soil, not base course material, mounded up to
six inches minimum above the paved parking or drive area and shall
be protected by curbing or bollards. Each planting island shall contain
one shade tree plus shrubs and/or ground cover to cover the entire
area.
(5)
All planting strips shall be a minimum of eight feet wide and
run the length of the parking row underlain by soil mounded up to
six inches above the paved parking or drive area and shall be protected
by curbs, wheel stops, or bollards. Planting strips shall contain
plantings of street type shade trees at intervals of 30 to 40 feet,
plus shrubs and ground cover to cover the entire area.
(6)
The placement of light standard shall be coordinated with the
landscape design to avoid a conflict with the operation of light fixtures.
(8)
All parking lots shall be screened from public roads and from
adjacent property as required in the buffer and screen section.
5.
Seeding and Sodding.
A.
All areas of a subdivision or land development shall be seeded where
the slopes are 8% or less except areas of existing woodland, wildlife
habitat, wetland, floodplain or other significant natural feature.
The type and method of seeding shall conform with recommendations
of the Montgomery County Conservation District and the DEP Pollution
and Sediment Control Manual.
B.
Sodding is required in a subdivision or land development where slopes
are over 8%, in the bottom of swales, on embankments, and as may be
deemed necessary for soil erosion control by the Montgomery County
Conservation District.
[Ord. 1005, 5/23/2011]
1.
Sidewalks, curbs, and storm sewers shall be installed along all existing and proposed public and private streets, common driveways, and common parking areas except when this requirement is waived at the discretion of Borough Council, upon recommendation of the Borough Planning Commission and Borough Engineer. Technical and Engineering Standards for sidewalks, curbs, and storm sewers are contained in Part 7 and in Chapter 21 of the Borough's Codified Ordinances.
A.
Borough Council may waive the sidewalk requirements under one or
more of the following conditions:
(1)
Where proposed residential lot widths will be 125 feet or greater.
(2)
There is clearly no destination to be reached by pedestrians
(e.g., shopping center, bus stop, employment, schools), or none anticipated
in the foreseeable future.
(3)
The sidewalk(s) would not be an extension of an existing network
which provides neighborhood or village circulation.
(4)
An alternative pedestrian circulation concept can be shown to
be more desirable, especially when using open space areas, provided
that appropriate walks are provided between the open space walkways
and the pedestrian origins and destinations.
(5)
The rural character, density of the area and/or small size of
the proposal preclude the purposeful use of sidewalks.
B.
Regardless of the small size of a land development or subdivision
proposal, sidewalks, curbs, and storm sewers shall be required wherever
they fill a gap in an existing network.
C.
If for any reason an interim waiver of these requirements is made, a sufficient guarantee shall be posted for the eventual installation of these items, subject to approval by Borough Council upon recommendation of the Borough Engineer and Solicitor, in accordance with § 22-503 of this chapter.
D.
Sidewalk construction and location standards shall be in accordance
with the Borough of Hatboro Specifications and Design Standards, incorporated
herein by reference and as may be amended from time to time by Resolution
of Borough Council.
E.
Sidewalks shall be provided in appropriate locations to provide a
safe and efficient pedestrian access between parking areas and buildings.
F.
Additional sidewalks shall be required where deemed necessary by
the Borough Council to provide access to schools, churches, parks,
community facilities, and commercial or employment centers, and to
provide necessary pedestrian circulation within land development and/or
subdivisions where otherwise required sidewalks would not be sufficient
for public safety and convenience. Such additional sidewalks may be
constructed of alternative materials, in compliance with the Part
7, "Technical and Engineering Standards."
G.
Driveway crossings shall be designed in compliance with the Borough
of Hatboro Specifications and Design Standards, incorporated herein
by reference and as may be amended from time to time by Resolution
of Borough Council.
[Ord. 1005, 5/23/2011]
1.
The design of subdivisions and land developments shall be done in
a manner which would preserve desirable cultural and historic features
of a site wherever reasonably possible.
A.
No proposal will be approved with a property line extending through any portion of an existing building, except where that property line follows a party wall separating semi-detached or attached units, in accordance with the Zoning Ordinance [Chapter 27].
B.
When existing buildings are retained:
(2)
Additions to retained buildings shall conform in all respects to the requirements of the Zoning Ordinance [Chapter 27] applicable to the district in which the building is located, and shall be in harmony with the character, design, building materials, and other architectural features of the building.
(3)
Historical or culturally significant buildings shall retain
their respective characters, to the greatest extent practical.
(4)
New buildings abutting the retained building shall reflect their
respective characters, to the greatest extent practical.
(5)
In nonresidential districts retained buildings shall be provided with adequate parking, service and landscaped areas in accordance with the Zoning Ordinance [Chapter 27] provisions for the intended use. If the applicant cannot specify the intended use, then the most land consumptive provisions shall be applied, to ensure sufficient land area for uses permitted in that district.
(6)
The building setback lines, existing and proposed buildings,
driveways, parking areas, walks, and other similar information shall
be shown on the plan, with a note added describing the buildings,
and their intended purposes.
(7)
No plan approval shall be granted to a subdivision or a land
development unless and until the above requirements are complied with
to the satisfaction of Borough Council, upon recommendation of the
Borough Planning Commission and Borough Engineer.
C.
When existing buildings will be removed:
(1)
The plan must show the location and include a brief description
of the building(s) to be removed.
(2)
Plan approval will be granted upon written agreement to the
expeditious removal of buildings intended for removal, in conformance
with Borough demolition permits.
(3)
The applicant shall comply with the demolition requirements
of the UCC.
[Ord. 1005, 5/23/2011]
1.
Subdividers and developers shall provide recreation land in compliance with this section, unless a stricter requirement is established in the Zoning Ordinance [Chapter 27].
A.
Natural Feature Conservation. In addition to any requirements of the Zoning Ordinance [Chapter 27] and § 22-410 of this chapter, the applicant shall conserve environmentally sensitive features should be conserved based on the natural tolerances to encroachment and development as follows:
Natural Feature With Environmental Constraint
|
Minimum Percentage of Feature To Be Preserved
| |
---|---|---|
Floodplains
|
100%
| |
Watercourses
|
100%
| |
Wetlands
|
100%
| |
Wetland Buffer
|
80%
| |
Ponds
|
100%
| |
Stream Buffer
|
100%
| |
Steep Slopes (15-25%)
|
70%
| |
Very Steep Slopes (over 25%)
|
80%
| |
Woodlands
|
50%
|
Where features overlap, the greater percentage shall be conserved.
The percentage of each feature is the extent that it shall not be
altered, regarded, filled or built upon. The land shall be permanently
restricted by easement from further development. The deed restrictions
shall be in a form acceptable to the Borough.
|
C.
Location and Criteria for Land to Be Dedicated to the Borough. Lands
to be dedicated to the Borough shall:
(1)
Be suitable for its intended recreation purpose.
(2)
Be required to be dedicated to the Borough for public recreation,
unless Borough Council decides not to accept the dedication.
(3)
Be owned, funded, or maintained by a system approved by Borough
Council if the recreation land will not be dedicated to the Borough.
D.
Acceptance and Use of Dedicated Land.
(1)
Any land dedicated to the Borough shall be used only for the
purpose of providing park and recreational facilities and for the
preservation of natural features.
(2)
When land is dedicated, acceptance by the Borough shall be by
means of a signed Resolution to which a property description of the
dedicated area shall be attached. A fee simple warranty deed conveying
the property shall be delivered to the Borough with title free and
clear of all liens, encumbrances and conditions excepting public utility
easements.
E.
Alternatives to the Dedication of Park and Recreational Land. Upon
agreement of both the Borough and the applicant, the applicant may
pursue the following alternatives:
(1)
Fee in Lieu. The applicant may pay a fee in lieu of dedication
of park and recreational land. The amount of the fee shall be in an
amount as determined by Borough Council.
(2)
Improvements to Other Recreation Sites. The applicant may, through
an agreement with the Borough construct recreational facilities on
existing or proposed park land in another part of the Borough. The
value of such improvements shall be comparable to the fee in lieu
of dedication that would have otherwise applied, based upon the applicant's
estimates, as reviewed by the Borough Engineer.
(3)
A combination of land dedication and/or alternative approaches
listed herein may be pursued, based upon an agreement between the
applicant and Borough Council.
F.
Use of Fees. Fee in lieu payments shall be used to expand, improve
and maintain existing public parks or to acquire land and develop
new recreational facilities. Fees received for a particular development
shall be expended on sites or facilities accessible to residents of
the proposed development.
(1)
A fee authorized by this chapter shall, upon receipt by the
Borough, be deposited in an interest-bearing account, designated as
the Borough Parks and Recreation Fund. Interest earned on such accounts
shall become funds of that account. Funds from such accounts shall
be expended only upon the design, construction or acquisition of specific
recreational facilities as approved by Borough Council.
G.
Recreation Land Criteria. Recreation land set aside in fulfillment
of the requirements of this Part shall be designed in accordance with
the following standard and principles.
(1)
Recreation land shall be consistent with the plans and proposals
outlined in any Borough Recreation and Open Space Plan as amended
and be reviewed by the Borough Parks and Recreation Committee.
(2)
Recreation land shall be interconnected with permanently preserved
land on abutting property, if possible, including provisions for public
access ways for general public use to permit residents safe and easy
access to areas of the said land.
(3)
Recreation land shall be a cohesive whole if possible, except
that two or more parcels connected by legal public access provisions
may be determined to be in public interest.
(4)
Recreation land shall have frontage on a public or private road
or easement capable of providing suitable grade for access to the
open space from the frontage for maintenance vehicles and equipment
traffic.
(5)
Recreation land may include land within utility corridors only
if the utility companies having legal rights to these corridors do
not prohibit their use for such purposes.
(6)
Recreation land shall be sited in the land that has physical
characteristics capable of serving the purposes intended for such
areas and with a design for recreational use and development that
is sensitive to the site physical characteristics.
(7)
Recreation land shall have a close visual and physical relationship
to as many dwelling units as reasonably possible, yet sited with sensitivity
to surrounding land use.
(8)
Recreation land may preserve and protect environmentally sensitive
and/or aesthetic features and be landscaped to provide sufficient
man-made screening or buffer areas to minimize any negative impacts
upon adjacent development.
H.
Recreation Land Ownership and Perpetuation. Any of the methods cited
under this section may be used either individually or in combination,
to own and perpetually preserve recreation land that is provided in
fulfillment of this section. The final subdivision and/or land development
plan shall clearly indicate the manner in which recreation land will
be owned and administered. Following final plan approval, the recreation
land required shall not be transferred to another entity except for
the transfer to another method of ownership as outlined below. Written
notice of any proposed transfer of recreation land shall be given
to the Borough for approval no less than 30 days prior to such event.
(1)
The Borough may, but is not required to, accept fee simple dedication
of recreation land in accordance with appropriate sections of this
chapter.
(2)
There shall be no cost of acquisition (other than costs indicated
to the transfer of ownership or the conveyance of easements, and title
insurance).
(3)
The Borough shall agree to and has access to maintain the open
space.
(4)
The recreation land shall be in an acceptable condition to the
Borough at the time of dedication with regard to size, shape, location
and that any improvements are certified as satisfactory by the Borough.
(5)
The subdivider or developer shall have, at no expense to the
Borough, prepared the legal description, with metes and bounds, of
the land being offered for dedication.
(6)
The Borough shall accept the dedication by means of a signed
Resolution to which a property description, deed, and plan of dedication
area or areas shall be attached.
(7)
All dedications in fee simple shall be free and clear of any
liens or encumbrances.
(8)
An agreement citing all subdivider or developer obligations
serving as a condition to plan approval shall be approved by the Borough
and recorded with the plan at the same time as the plan is approved.
I.
A public agency acceptable to the Borough may, but shall not be required
to, accept the fee simple dedication of recreation land, provided
that the Borough approves a maintenance plan whereby the grantee agrees
to and has access to maintain the recreation land.
J.
The Borough or another public agency acceptable to the Borough may,
but shall not be required to, accept the dedication of less than fee
simple interests in any portion of the recreation land, title of which
shall remain in private ownership, provided that a maintenance agreement
satisfactory to the Borough is reached between the owner and the grantee.
K.
Recreation land may remain or be placed in the ownership of the individual
property owners and shall be restricted from further subdivision and/or
land development by deed restriction, provided that:
(1)
The Borough shall agree to the boundaries of the recreation
land that shall be held in private ownership.
(2)
Restrictions providing for the protection and continuance of
the recreation land which meet Borough specifications shall be placed
in the deed for each property that has the recreation space area within
its boundaries.
(3)
A maintenance agreement suitable to the Borough shall be established,
and the deeds to the properties that are located within the deed restricted
recreation land areas shall clearly state that the maintenance responsibility
for the open space lies with the individual property owner.
L.
A private, non-profit conservation organization, among whose purposes
is to conserve recreation land and/or natural features may, but shall
not be required to, accept the conveyance of fee simple or less-than-fee
simple interests in any portion of the recreation land, provided that:
(1)
Any private, non-profit conservation organization intended to
be the grantee of a conveyance shall be acceptable to the Borough
as a bona fide conservation organization with perpetual existence.
(2)
Any conveyance shall contain appropriate provisions for proper
reverter or retransfer in the event that the grantee becomes unwilling
or unable to continue carrying out its function.
(3)
A maintenance agreement acceptable to the Borough shall be established
between the owner and the grantee.
M.
Recreation land may be controlled with condominium agreements that
shall be approved by the Borough and be in conformance with Pennsylvania
law. All land and facilities shall be held as "common element" as
defined by Pennsylvania law.
N.
Recreation land may be held in common ownership by a homeowners association,
subject to all the provisions set forth herein and Pennsylvania law.
In addition, the homeowners association shall be governed according
to the following:
(1)
The owner or applicant shall provide to the Borough a description
of the organization, including its by-laws, and all documents governing
maintenance requirements and use restrictions for recreation land,
and the homeowners association agreement shall be recorded.
(2)
The organization shall be established (with financial subsidization
by the subdivider or developer if necessary) before any lot in the
subdivision or building in the development is sold.
(3)
Membership in the organization and fees shall be mandatory for
all purchasers of property therein and their successors.
(4)
The organization shall be responsible for the maintenance of
insurance on the recreation land.
(5)
The members of the organization shall share equitably the costs
of maintaining, insuring, and operating the recreation land.
(6)
The subdivider or developer for any tract proposed to contain
recreation land shall arrange with the Montgomery County Board of
Assessment a method of assessment of the common facilities which will
allocate to each tax parcel in the development a share of the total
assessment for such recreation land. Where this alternative is not
utilized, the organization shall be responsible for applicable real
estate taxes on common facilities.
(7)
The organization shall have or hire adequate staff, as necessary,
to administer, maintain and operate the recreation land.
(8)
The organization shall have the power to compel contributions
from property owners therein to cover their proportionate shares of
the initial cost and costs associated with the maintenance and upkeep
of the recreation land.
O.
Guarantees and Agreements. Every applicant for subdivision and land
development, whether preliminary or final, shall be accompanied by
a form of agreement or agreements to be approved by the Borough. The
agreements shall be properly recorded simultaneously with the recording
of the final plan, and shall specify the following:
(1)
The subdivider or developer agrees that he shall lay out and
construct all recreation land areas in accordance with the final plan
as approved, where any or all of these improvements are required as
conditions of approval, and that the improvements shall be completed
within the time or times specified by the Borough.
(2)
The subdivider or developer, at the Borough's discretion,
shall be required to place in an escrow account for a period of three
years, an amount of financial security to cover the costs of providing
all recreation land requirements established as conditions for final
approval of the plan.
(3)
The Borough is authorized to make random inspections of non-dedicated
municipal recreation land as deemed necessary and appropriate to ensure
that the subdivider or developer and any successors duly perform,
abide by, and complete any duties, obligations, or requirements as
set forth in the final plan and/or formal agreements.
(4)
The Borough shall be granted the right to enforce the deed restrictions
regarding the use and maintenance of the recreation land if the organization
fails in its responsibilities. The amount of financial security necessary
to reimburse the Borough for its expense of performing remedial measures
shall be forfeited by the subdivider or developer.
(a)
In the event that the entity charged with maintenance responsibilities,
or any successor thereto, fails to maintain all or any portion of
the recreation land in reasonable order and condition in accordance
with the development plan and all applicable laws, rules, and regulations,
the Borough may serve written notice upon such entity, upon the residents
and owners of the uses relating thereto, setting forth the manner
in which the entity has failed to maintain the recreation land in
reasonable condition.
(b)
Such notice shall set forth the nature of corrections required
and the time within which the corrections shall be made. Upon failure
to comply within the time specified, the organization, or any successor
organization, shall be considered in violation of their responsibilities,
in which case the Borough may enter the premises and take corrective
action.
(c)
The financial security funds in the applicant's escrow
account, if any, may be forfeited, if applicant is in violation of
(a) and/or (b) above and any permits may be revoked or suspended.
If the funds of the escrow account are insufficient to pay the costs
of remedial maintenance, the costs of corrective action by the Borough
shall be assessed ratably, in accordance with tax assessments, against
the properties that have the right of enjoyment of the common facilities
and shall become a lien on said properties. The Borough, at the time
of entering upon such common facilities for the purpose of maintenance,
shall file a notice of such lien in the Office of the Prothonotary
of Montgomery County, upon the properties affected by such lien.
(5)
All plans finally approved, whether or not recorded, shall be
binding upon the subdivider or developer, his heirs, executors, administrators,
successors and assigns; shall limit and control the use and operation
of all recreation land designated in such plans, to the conditions
appearing in such plans and cited in any associated formal agreement
for the approval thereof.
[Ord. 1005, 5/23/2011]
1.
Renewable energy resources including: solar energy, wind power, biomass,
geothermal energy and hydropower (electric) should be seriously considered
in the design of land developments and subdivisions. The siting of
renewable energy resources will be considered an important factor
when looking a requests for waivers to this chapter.
A.
Solar Access. Subdividers, developers, or builders are encouraged
to consider the following standards in subdivisions and land developments
protect solar access and reduce the impact of heat.
(1)
Streets. In planning a subdivision or land development to protect
solar access, the street system shall be oriented to the extent possible
in an east-west direction.
(2)
Lot Angles. Side lot lines shall be laid out in a north-south
direction where the resulting angle with the street line is not less
than 30°. A variation of up to 25° east or west of the north/south
axis of the side lot lines shall be permitted.
(3)
Building Orientation. Buildings should be located so as to receive
unobstructed sunlight on the south wall of their long axis. At least
25% of the structures shall have solar access.
(4)
Street Trees. Street trees shall be planted by the subdivider,
developer, or builder along all streets in the development with due
consideration of solar access and shading. The trees should not impede
solar access.
(a)
Open Space. Where open space is being provided as part of the
subdivision or land development, it shall be located, whenever possible,
to provide a buffer from the shading effects of taller structures
on existing or proposed shorter structures.