The regulations of this article have relevance to all zoning
district classifications except as noted. If a conflict occurs between
the standards of the general regulations and other standards of this
chapter, then the most restrictive standards shall apply.
In all districts no building and no part of a building shall
be erected within or shall project into a required yard except cornices,
eaves, gutters or chimneys projecting not more than 24 inches, bay
windows not extending through more than one story and not projecting
more than five feet and uncovered steps and ramps.
In order to maintain clear sight distance at intersections,
a clear sight triangle free from obstruction shall be required at
all intersections of roadways and all intersections of driveways with
roadways.
A. Sight distances of a clear sight triangle shall be 60 feet in length.
Sight distances of a clear sight triangle shall be measured along
street centerlines from their point of intersection.
B. Within the area of a clear sight triangle, obstructions to visibility
shall not be permitted between three feet and seven feet above the
grade of the roadway. Within this area no wall, fence, building or
structure shall be erected or altered, and no hedge, tree, shrub or
other growth shall be maintained; except under the following circumstances:
(1) Fences or walls up to but not exceeding three feet above the grade of the roadway may be permitted within the clear sight triangle when in compliance with §
208-69, Fences and walls.
(2) Hedges, shrubs, or other vegetation up to but not exceeding three
feet above the grade of the roadway may be planted and maintained
within the clear sight triangle.
(3) Shade or street trees may be maintained within a clear sight triangle when it is determined that the size, number, and arrangement does not impede adequate visibility. Street trees shall be limbed up to seven feet above the sidewalk, in accordance with §
174-9, and all other trees within the clear sight triangle shall be limbed up to seven feet above the grade of the roadway.
(4) Any other potential obstruction, such as sign post or lamppost, with
a width or diameter under one foot may be permitted.
(5) Nothing herein shall be construed to permit the private use or occupancy
of land within the ultimate right-of-way.
It shall be permissible in any zoning district to establish
a public open space or conservation area. Such open space or conservation
areas shall be dedicated or deed-restricted for open space, forest,
stream, or wildlife preservation, or for some other general conservation
purpose. Such open space or conservation areas may include a recreational
facility or park, so long as it is owned or operated by the Borough
or other governmental agency.
For any development or land development, all procedural requirements in Chapter
184, Subdivision and Land Development, must be complied with prior to the issuance of any zoning permit or certificate of occupancy. Development or land development shall be considered:
A. The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether
proposed initially or cumulatively, or a single nonresidential building
on a lot or lots, regardless of the number of occupants or tenure;
or
(2) Division or allocation of land or space, whether initially or cumulatively,
between or among two or more existing or prospective occupants by
means of, or for the purpose of streets, common areas, leaseholds,
condominiums, building groups or other features.
C. Development involving:
(1) The conversion of an existing single-family detached dwelling or
single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
(2) The addition of any nonresidential accessory building on a lot or
lots subordinate to an existing principal building; or
(3) Changing or altering a nonresidential parking lot, to include adding
parking, altering parking spaces or changing traffic pattern, etc.
Common elements, including but not limited to open space, recreation,
sewer, water and stormwater management facilities which will not be
publicly owned, shall be subject to a form of ownership established
in private agreements acceptable to the Borough Council, upon recommendation
of the Borough Solicitor. Such private ownership may include, but
is not limited to, corporate, individual, condominium, landlord or
fee-simple homeowners' or landowners' associations and shall
be governed by the following:
A. Access to and use of these common elements may be restricted to the
following:
(1) Property owners or tenants within the development.
(2) Nearby property owners or tenants who wish to join.
B. Perpetual maintenance shall be guaranteed by trust indenture or similar
instrument, which:
(1) Shall be recorded with the Recorder of Deeds of Montgomery County
simultaneously with the recording of the final plan.
(2) Shall restrict the common elements by deed restrictions granting
the Borough the right to enforce the restrictions.
(3) Shall include provisions for:
(a)
Bonds posted by the developer to cover expenses incurred before
formation of a homeowners' association.
(b)
Adjustment of association fees to account for inflation.
(c)
A reserve fund to cover capital improvements and/or unforeseen
major maintenance requirements.
(d)
Funds for professional management.
(4) Shall authorize the Borough to maintain the common elements and assess
the private ownership accordingly if private ownership fails to function
as required in the private agreements. This shall include, but need
not be limited to:
(a)
Failure to clear streets and parking areas of snow.
(b)
Failure to maintain stormwater control facilities.
(c)
Failure to correct any hazardous conditions.
(d)
Failure to perform, abide by and complete any duties, obligations
or requirements as set forth in the private agreements and/or the
final plan approval of the Borough Council.
If a development is to be carried out in stages, each stage
shall be so planned that all requirements of this chapter shall be
fully complied with at the completion of any stage.
When a business conducted or proposed to be conducted within
the Borough requires occupational, professional, or other licensure
from the Commonwealth, the licensed individual or business shall furnish
proof of such licensure to the Borough upon request. Examples of such
includes but is not limited to: non-bank licenses from the Department
of Banking and Securities, occupational and professional licenses
from the Department of State, Lottery Retailer licenses, licenses
from the Liquor Control Board, and licenses from the Gaming Control
Board. Any business or individual conducting business without required
licensure shall be referred to the applicable licensing agency for
enforcement.