Hatboro City Zoning Code

In expansion of the "Declaration of Legislative Intent" contained in § 27-103 of this chapter and the "Community Development Objectives" contained in § 27-105 of this chapter, it is hereby declared to be the intent of this Part with respect to be Housing for the Elderly development regulations to establish reasonable benefits which will follow the development of safe and adequate housing for the elderly, as defined in this chapter, when applied for as a conditional use to the Borough Council, solely in the R-4 Residential and RC-2 Retail Commercial Districts. The development of such units in the aforementioned Districts shall ensure that the proposed housing for the elderly will be so located in the Borough as to provide the accessibility to necessary public transportation and community facilities and services that will enhance the lives of elderly residents. Furthermore, it is the intent of this Part to set forth those standards which will ensure that the development of housing for the elderly in the Borough of Hatboro will provide appropriate safety features pertinent to the needs of elderly residents, as well as ancillary recreational and community facilities as an integral part of the development concept. Furthermore, in order to ensure that the intent of this chapter is fulfilled, the developer of such housing units in the Borough of Hatboro must guarantee through the appropriate legal and administrative means, that such units will be occupied solely by elderly residents as defined in this chapter. Finally, it is the intent of this Part to provide for different standards of dwelling unit density, parking space requirements and open space areas to increase the opportunity for the development of such housing in the Borough through private, public, or semi-public means, while providing necessary, standards and controls to ensure that such housing for the elderly will not exert an adverse impact on surrounding neighborhoods or the Borough of Hatboro.

Applications for approval of a conditional use under this Part shall be made to Borough Council, which shall apply the standards and requirements set forth in this Part, after first holding a public hearing, at which a full opportunity to be heard shall be given to any citizen and all parties in interest. The application for conditional use shall, in addition to all other information required, provide the information required by § 27-2503 in addition to seeking the opinion and advice of the Borough Planning Commission, the Borough Council shall, at least 60 days prior to the public hearing on the conditional use application, seek the opinion and advice on the merits of the proposal of the Montgomery County Planning Commission, the Montgomery County Housing Authority and other technical and professional advisory agencies knowledgeable on the subject, in order more effectively to evaluate the adequacy of the proposed development.

The developer shall file with the Borough a covenant, in form suitable for recording, approved as to form by the Borough Solicitor, in which the owner of the property and the developer covenant on behalf of themselves, their heirs, executors, administrators, successors, and assigns, not to subdivide the ownership of the property nor to use the property for any other use than housing for the elderly.

Should the Borough Council, in their review of the merits of the proposed development, feel that a literal interpretation of the requirements of this district will serve to discourage the development of safe and adequate housing for the elderly and/or the other purposes of this Part, as specified in § 27-1601, they may modify such standards at their discretion, provided that the resultant modifications do not conflict with the declaration of legislative intent and community development objectives contained in §§ 27-103 and 27-105 of this chapter.