Hatboro City Zoning Code
PART 26
OVERLAY DISTRICTS
§ 27-2601 Legislative Intent.
[Added by Ord. 1020, 4/14/2014]
It is hereby declared to be the intent of this Part to provide alternative residential, multifamily and/or single-family development regulations in certain areas of the Borough where redevelopment or new development is encouraged. It is the intent of this Part to set forth standards which will ensure that the mixed-use development and/or transitional development in the Borough of Hatboro will provide appropriate safety features as well as other appropriate features for the community.
§ 27-2602 OD-1 Overlay District.
[Added by Ord. 1020, 4/14/2014]
1.
By conditional use, those properties zoned with the OD-1 Overlay District may avail themselves of the mixed-use development regulations found in § 27-1506, subject to all standards therein, except as specifically modified below:
A.
The minimum acreage to qualify for a mixed-use development shall be a lot area of two areas net of legal rights-of-way and public streets.
[Amended by Ord. 1022, 11/24/2014]
B.
The preservation of an existing building shall not be required as a prerequisite to have a maximum density of 35 dwelling units per acre. However, if Council elects to approve the construction of a new building, then the position of the building along or parallel to Jacksonville Road for a distance of not less than 50% of the frontage of the lot shall adhere to a build-to line which shall be positioned not greater than 20 feet from the curbline along the Jacksonville Road frontage as determined by any required roadway or frontage improvements.
C.
Section 27-1506, Subsection 3, "Procedures," shall be amended so that that the opinion and advice of the Montgomery County Planning Commission and the Borough Planning Commission shall occur 30 days in advance of a public hearing instead of 60 days. The advice of the Montgomery County Housing Authority and other technical and professional advisory agencies is not required.
§ 27-2603 OD-2 Overlay District.
[Added by Ord. 1020, 4/14/2014]
1.
By conditional use, those properties zoned with the OD-2 Overlay District may avail themselves of the mixed-use development regulations found in § 27-1506, subject to all standards therein, except as specifically modified below:
A.
The minimum acreage to quality for a mixed-use development shall be a lot area of 20,000 square feet net of legal rights-of-way and public streets.
B.
Maximum density shall in no event exceed 22 dwelling units per acre.
C.
The height of a building shall in no event exceed 30 feet, except as permitted in § 27-413 of this chapter.
[Amended by Ord. 1039, 10/10/2016]
E.
Section 27-1506, Subsection 3, "Procedures," shall be amended so that the opinion and advice of the Montgomery County Planning Commission and the Borough Planning Commission shall occur 30 days in advance of a public hearing instead of 60 days. The advice of the Montgomery County Housing Authority and other technical and professional advisory agencies is not required.
§ 27-2604 OD-3 Overlay District.
[Added by Ord. 1020, 4/14/2014]
1.
By conditional use, those properties zoned with the OD-3 Overlay District may avail themselves of the mixed-use development regulations found in § 27-1506, subject to all standards therein, except as specifically modified below:
A.
The minimum acreage to quality for a mixed-use development shall require the entirety of the three properties zoned O Office District, provided that they shall be combined and submitted as a single unified plan. Existing buildings and uses shall be removed as a condition of the conditional use approval.
B.
The height of a building shall in no event exceed 30 feet, except as permitted in § 27-413 of this chapter.
[Amended by Ord. 1039, 10/10/2016]
D.
Section 27-1506, Subsection 3, "Procedures," shall be amended so that that the opinion and advice of the Montgomery County Planning Commission and the Borough Planning Commission shall occur 30 days in advance of a public hearing instead of 60 days. The advice of the Montgomery County Housing Authority and other technical and professional advisory agencies is not required:
§ 27-2605 OD-4 Overlay District.
[Added by Ord. 1020, 4/14/2014; amended by Ord. 1022, 11/24/2014]
1.
By conditional use, those properties zoned with the OD-4 Overlay District may avail themselves of the mixed-use development regulations found in § 27-1506, subject to all standards therein, except as specifically modified below:
A.
The minimum acreage to quality for a mixed-use development shall be a lot area of one acre net of legal rights-of-way and public streets.
B.
The preservation of an existing building shall not be required as a prerequisite to have a maximum density of 35 dwelling units per acre. However, if Council elects to approve the construction of a new building, then the position of the building along or parallel to Jacksonville Road for a distance of not less than 50% of the frontage of the lot shall adhere to a build-to line which shall be positioned not greater than 20 feet from the curbline along the Jacksonville Road frontage as determined by any required roadway or frontage improvements.
D.
Section 27-1506, Subsection 3, "Procedures," shall be amended so that that the opinion and advice of the Montgomery County Planning Commission and the Borough Planning Commission shall occur 30 days in advance of a public hearing instead of 60 days. The advice of the Montgomery County Housing Authority and other technical and professional advisory agencies is not required.
§ 27-2606 LI-TOD Limited Industrial - Transit Oriented Development Overlay District.
[Added by Ord. 1022, 11/24/2014]
1.
Intent.
A.
The intent of this section is to promote transit-oriented residential development connected to bike trails, pedestrian walkways and/or sidewalks to the Hatboro SEPTA station.
B.
In order to fulfill the intent of this section, any application submitted under this section shall provide a direct, safe and attractive pedestrian connection from the proposed development to the Hatboro SEPTA station for the public through new and/or existing pedestrian connections, including bike trails, pedestrian walkways and/or sidewalks, which shall be maintained, open and clear by the property owner.
2.
Limited Industrial — Transit Oriented Development Regulations.
A.
Development Standards. The following development standards for mixed-use development shall apply:
(1)
Minimum Acreage. A minimum lot area of four acres shall be required.
(2)
Maximum Density. By conditional use, a maximum density of 8.0 townhouse units per acre net of legal rights-of-way of existing or proposed public streets shall be permitted.
(3)
Building Coverage. Not more than 60% of the lot area of each mixed-use development may be occupied by buildings.
(4)
Impervious Coverage. Not more than 85% of the lot area of each mixed-use development may be occupied by impervious surfaces.
(5)
Setbacks from Public Streets, Highways and Property Lines. Setbacks from any applicable right-of-way of existing or proposed public street or property lines which adjoin the transit-oriented development, measured from the nearest foundation wall to the applicable property line or street lines, shall be as specified in §§ 27-411 and 27-1407. Within the LI-TOD Overlay District, the front yard setbacks shall only apply to the right-of-way for existing or proposed public roads.
(7)
Height of Buildings. No building in a transit-oriented development shall exceed 35 feet in height, and no more than three stories, not including the basement.
(8)
Buffer Area. The transit-oriented development shall be effectively buffered from any adjoining residential uses and railroad rights-of-way, through the use and layout of walls, fences, or permanent landscaping, as approved by the Borough Council. The buffer area shall have a minimum width of 20 feet and may include recreational or pedestrian trail(s).
(9)
Standards for Recreational Land, Open Space, Landscaping and Along Existing Street Frontages for LI-TOD Developments.
(a)
A minimum of 20% of the gross tract area in an LI-TOD development shall be designated as open space.
(b)
Open space must have a minimum linear dimension of 20 feet in all dimensions to count towards any open space requirements and specifically excludes the required minimum separation between buildings.
(c)
Existing native trees shall be preserved to the greatest extent possible in proposed open spaces. The applicant shall prepare tree preservation standards, including tree protection fence and other construction measures, to ensure the preservation of the existing trees.
(d)
As part of the required open space, there shall be a centrally located park no smaller than 10,000 square feet furnished with a gazebo or pavilion to serve the community.
(e)
As part of the required open space, any LI-TOD development shall include at least two recreational amenities. These amenities may include, but are not limited to, dog parks, playgrounds, walking trails, and bike trails. The acreage or value of walking and bike trails along the railroad shall not count towards the park and recreational land requirements of the Subdivision and Land Development Ordinance [Chapter 22] unless waived by Council.
(f)
All new and expanded stormwater management controls, drainageways, and facilities shall be planted in a naturalistic manner with native water-tolerant plant materials as long as the plantings and/or landscaping does not reduce the stormwater management capacity. Proposed stormwater management facilities shall be richly landscaped to ensure that they serve as an attractive feature of the community and that they are an appropriate frontage element for homes and recreation. If access to any area is restricted for safety or security purposes, then this area shall not be counted as open space for the purposes of this section.
(g)
Such open space may include improvements and impervious surface coverage to the extent that such is an element of the particular open space use and serves a related function, such as pedestrian walkways.
(h)
Landscaped areas within off-street parking areas (and public rights-of-way) are specifically excluded as usable open space.
(10)
Other Development Standards. The transit-oriented development shall provide public improvements, such as sidewalks, shade trees, fences, hedges, walls, streetlights, benches, and other streetscape features which are in accordance with the design standards of the Comprehensive Plan and Revitalization Study, as approved by the Borough Council. The proposed transit-oriented development shall also be developed in accordance with the requirements specified in § 27-807 of this chapter, to the extent not inconsistent with the requirements of this section.
B.
Procedures. Applications for approval of a conditional use under this section as described in § 27-2209 shall be made to the Borough Council, which shall apply the standards and requirements set forth in this section, 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 burden of proof shall, at all times, be on the applicant. The application for conditional use shall, in addition to all other information required, provide the information required by § 27-2503 and shall comply with the special exception standards of 53 P.S. § 10912 and § 27-2310 of this chapter. In addition to seeking the opinion and advice of the Borough Planning Commission, the Borough Council shall, at least 30 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 to more-effectively evaluate the adequacy of the proposed development. Upon the request of Borough Council, the applicant shall submit:
(1)
A traffic impact and/or off-street parking study by a qualified traffic engineer and/or transportation planner with previous traffic impact and off-street parking study experience.
(2)
A Phase I environmental site assessment (ESA) conducted in accordance with current ASTM 1527 standards or standards promulgated by federal or state authority (e.g., EPA All Appropriate Inquiry Standards).
(3)
A Phase II environmental site assessment(s) and any similar additional environmental studies, work plans, remediation plans, environmental data, etc., as required by the Borough Engineer pursuant to commonly accepted standards to characterize the site's environmental condition considering the proposed reuse.
C.
Plan Submission Requirements. The following information shall be shown on the plans submitted for approval as part of the conditional use application:
(1)
Floor area (in square feet) of all dwelling units.
(2)
Number of bedrooms per dwelling unit.
(3)
Total number of dwelling units.
(4)
Total number of acres in the proposed plan.
(5)
Total number of off-street parking spaces.
(6)
Exterior vertical and horizontal building dimensions.
(7)
All safety features included in each building required by this chapter, other ordinances of the Borough, and by other governmental agencies.
(8)
Proposed elevations and construction material palates shall be presented with the conditional use application.
(a)
Any major deviation or change in the preliminary architectural designs, proposed elevations and material palates shall require the submission of new designs, elevations and palates and a new conditional use application with regard to architectural issues only.
(9)
Landscape design standards and streetscape improvements.
(10)
Feasibility of required utility services.
4.
Shared parking shall be encouraged to provide more than the required number of spaces as required by § 27-2002. In order to reduce the amount of impervious surfaces and promote alternative transportation methods when accessible, Council may authorize the shared use of parking space or areas for two or more uses jointly providing off-street parking when their respective hours of peak operation do not normally overlap and the parking areas are under common ownership or controlled by an easement agreement to the satisfaction of the Borough.
5.
"Green court lots" are residential lots that front directly onto parks or greens with vehicular access provided by a rear lane or alley. To encourage green courts in a residential development in the LI-TOD Overlay District, lots shall not be required to meet the standard of § 27-406, provided that unobstructed rear access with a minimum twenty-foot right-of-way and twelve-foot cartway is provided.
6.
Review and approval by the Fire Marshal must be obtained relative to firesafety and access.