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

§ 22-401 General Standards.

[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.
D. 
Floodplain land areas shall be governed by additional standards contained in this chapter, the Zoning Ordinance [Chapter 27], and the UCC [Chapter 5, Part 1].
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.

§ 22-402 Conformance With Plans.

[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.

§ 22-403 Site Organization.

[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.

§ 22-404 Lotting.

[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.
(a) 
It may be necessary to widen the access strip at such sharp turns and steep slopes to accommodate grading, drainage, tree preservation, or emergency vehicles.
(b) 
Access strips that may become future streets shall be configured to accommodate horizontal curves required for streets.
(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.

§ 22-405 Blocks.

[Ord. 1005, 5/23/2011]
1. 
The minimum block length shall be 500 feet and the maximum block length shall be 1,600 feet.
2. 
The block width shall be two lot depth when the lots are laid out back to back according to the requirements of the Zoning Ordinance [Chapter 27]. When reverse lotting is designed the block width shall be in accordance with the reverse frontage lot standards of § 22-404, Subsection 5.
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.

§ 22-406 Community Facilities.

[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.

§ 22-407 Traffic and Circulation.

[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.
G. 
Construction standards shall be in accordance with the Technical and Engineering Standard in Part 7 of this chapter.
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.
(a) 
Special conditions may include, but not be limited to:
1) 
Extreme topographical restrictions (slopes, floodplains, etc.).
2) 
Oddly shaped tract configuration.
3) 
Lack of alternative outlets.
(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.
(3) 
Shall not be extended as a cul-de-sac street, but shall be connected to another through street, unless approved by Borough Council when warranted by special conditions as in § 22-407, Subsection 4C(3)(a), 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.
(4) 
May be permitted to exceed the seven-hundred-fifty-foot limit when approved by Borough Council when warranted by special conditions, as in § 22-407, Subsection 4C(3)(a), herein, or when qualified as a temporary cul-de-sac as regulated in § 22-407, Subsection 4D, herein.
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:
(a) 
Shall not under any circumstances exceed 2,000 feet in length, measured from the intersection with the through street, along the entire center line around to its intersection with itself.
(b) 
Shall not contain or serve more than 45 residential lots or dwelling units.
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.
(2) 
Shall not be longer than:
(a) 
The depth of one building lot abutting the street.
(b) 
The width of two building lots abutting the street.
(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.
(a) 
Along the road center line.
(b) 
Ten feet from the edge of the existing cartway.
(c) 
Ten feet from the edge of the cartway when widened in compliance with this chapter.
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:
A. 
All street intersections shall comply with the requirements of Subsection 6, "Street Intersection Design," and Subsection 7, "Street Intersection Spacing," herein, in accordance with the findings of the vehicular access analysis.
B. 
All driveways with an anticipated traffic generation of more than 25 vehicular trips per day, in compliance with PennDOT and ITE Standards, shall be treated as street intersections and shall comply with the standards of Subsections 6 and 7.
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:
(1) 
Local streets.
(2) 
Single, shared or paired driveways.
(3) 
Reverse frontage lotting.
(4) 
Other means which are legally and technically suitable in the opinions of the Borough Solicitor and Engineer.
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:
(1) 
It is the safest feasible alternative, acceptable to the Borough Engineer and/or PennDOT.
(2) 
Suitable provisions are made for a preferable permanent access solution, consistent with Subsection 9D, above, including legal agreements to enable implementation of the permanent solution.
(3) 
A waiver is requested by the applicant in compliance with § 22-302, Subsection 1F.
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.
(2) 
Shall not cause or contribute to:
(a) 
Hazards to the free movement of normal street traffic.
(b) 
Traffic congestion on the street.
(c) 
Interference with the design, maintenance, and/or drainage of the street.
(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.
(a) 
Location(s) shall be verified by the VAA.
(b) 
Where driveways are paired within a fifty-foot wide strip abutting a common lot line, lot width may be reduced to 275 feet per lot.
(c) 
Only one driveway shall be permitted per lot.
(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.
(a) 
Locations shall be verified by the VAA.
(b) 
Where driveways are paired within a fifty-foot strip abutting a common lot line, lot width may be reduced to 225 feet at the ultimate right-of-way line.
(c) 
Only one driveway shall be permitted per lot.
(4) 
The use of local access streets is encouraged with use of the Hatboro Borough's standard or flexible lotting provisions:
(a) 
Along local access streets lot widths as permitted by the Borough Zoning Ordinance [Chapter 27] shall prevail.
(b) 
Rear, interior, or flag lots shall be permitted only along local access streets.
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:
(1) 
The length of stopping area shall be a minimum of 20 feet, or the length of the longest vehicles anticipated to use the driveway, whichever is greater.
(2) 
Stopping areas shall be measured from the ultimate right-of-way line for all streets.
F. 
Clear Sight Triangles. Clear sight triangles shall be provided where driveways intersect streets in compliance with the standards of Subsection 12, "Clear Sight Triangles."
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.
B. 
The Borough Planning Commission shall review the proposal in accordance with the procedures of Part 3 of this chapter, and the vehicular access analysis, where applicable (see Subsection 8).
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.
C. 
Residential Parking Lots.
(1) 
Parallel rows of parking spaces, which are not separated by a driveway, shall be separated by a raised and/or curbed planting strip, a minimum of 10 feet wide, landscaped in accordance with § 22-413, Subsection 4, herein.
(2) 
A single row of parking spaces located parallel to and between two driveways, shall be separated from one of the driveways by a raised and/or curbed planting strip, a minimum of five feet wide, landscaped in accordance with § 22-413, Subsection 4, herein.
(3) 
Parking lots shall be divided into sections of not more than 20 cars each, with the sections separated by raised and/or curbed planting strips, a minimum of 10 feet wide, landscaped in accordance with § 22-413, Subsection 4, herein.
(4) 
The entire parking lot perimeter shall be landscaped in compliance with § 22-413, Subsection 4, herein.
D. 
Nonresidential Parking Lots.
(1) 
Parking lots with a capacity of from 15 to 40 cars shall require a raised and/or curbed planting strip, a minimum of 10 feet wide, landscaped in accordance with § 22-413, Subsection 4, herein, around the entire perimeter except where buildings, driveways, and walkways are located.
(2) 
Parking lots with a capacity of from 41 to 100 cars shall require a planting strip a minimum of nine feet wide and an additional 10% raised and/or curbed planting area(s) within the perimeter of the lot, landscaped in accordance with § 22-413, Subsection 4, herein.
(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.
(c) 
Limited planting shall mean:
1) 
Not more than one shade or canopy tree within the area.
2) 
No shrubs or ground cover plants exceeding two feet in height.
3) 
No evergreen trees.
(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.

§ 22-408 Grading and Erosion Control.

[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.
(5) 
In the event the developer proceeds to clear and grade prior to recording plans, without satisfying conditions specified under Subsection 2D(4) above, Borough Council may revoke the approval of the preliminary plan.
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:
(1) 
For an excavation which does not exceed 20 cubic yards of total material removed.
(2) 
For a fill which does not exceed 20 cubic yards of material deposited.

§ 22-409 Stormwater Management and Drainage.

[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.
(1) 
Various forms of on-site stormwater control structures shall be incorporated into the land development or subdivision in order to retain or detain excess stormwater in accordance with §§ 22-703, Subsections 5 and 6.
(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.

§ 22-410 Floodplains and Wetlands.

[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.
(4) 
The Borough shall:
(a) 
Maintain a record of all waivers including justification for their issuance.
(b) 
Report such decisions issued in its annual report submitted to the Federal Insurance Administrator.
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:
(1) 
Location and elevation of existing and proposed streets, water supply and sanitary facilities, and any other permitted improvements, soil types, and proposed flood-proofing measures.
(2) 
Boundaries of the floodplain and the base flood elevation.
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.
4. 
Steep Slopes. Steep slopes are defined by the Zoning Ordinance [Chapter 27] or slopes over 15% shall not be disturbed and when possible incorporated into common open space or buffer areas.

§ 22-411 Infrastructure.

[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.

§ 22-412 Solar Access.

[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.

§ 22-413 Landscaping.

[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:
(1) 
Property line buffer that act to integrate new development with its surroundings and to separate incompatible land uses.
(2) 
Site element screens that to minimize or eliminate views to certain site elements located within 100 feet of property lines or public or private rights-of-way.
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.
(1) 
Property line buffers shall be required for these types of development:
(a) 
All nonresidential development.
(b) 
All multi- and single-family attached development.
(c) 
All single-family detached cluster development.
(d) 
All mobile home parks.
(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%
(e) 
All plant material shall meet the requirements for specifications contained in § 22-713.
(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.
(6) 
All plant material shall meet the requirements for specifications contained in § 22-713 of this chapter.
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:
(a) 
In area such as existing villages where front yards may be located within the ultimate right-of-way.
(b) 
In cases where closely spaced rows of street trees may be desirable and future street widening is considered unlikely.
(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.
(5) 
Trees shall conform to the technical specifications in § 22-713.
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.
(7) 
Plant material shall comply with the technical specifications in § 22-713.
(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.

§ 22-414 Sidewalks, Curbs, and Storm Sewers.

[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.

§ 22-415 Historic Features Preservation.

[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:
(1) 
Buildings shall be in conformance with the current Borough Property Maintenance Code [Chapter 5, Part 2].
(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.
(4) 
If the building will not be removed immediately, a financial guarantee must be posted for its removal, in compliance with § 22-503, herein.

§ 22-416 Recreation Land and Open Space.

[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.
B. 
Recreation Land Standards.
(1) 
The following minimum amounts of recreation land shall be provided within a subdivision or land development.
(a) 
Residential — 1,100 square feet per dwelling unit.
(b) 
Nonresidential — the greater of 2% of gross acreage or 10% of gross floor area.
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.

§ 22-417 Renewable Energy Resources.

[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.