Chapter 135 of the Code of the Township of Lower Merion

This chapter is occasionally revised or changed by the Board of Commissioners at official and open public meetings. Every effort is made to keep this website up to date. However, there may be a short period of time between the Board of Commissioners changing this chapter and the revised ordinance being posted in this chapter on this site. If you have any questions about the status of a particular ordinance, please call the Township Secretary at (610) 645-6145.

Includes Ordinance No. 3855

Chapter 135
SUBDIVISION AND LAND DEVELOPMENT

ARTICLE I, Legislative Intent; Words Defined: § 135-1. Purpose.; § 135-2. Word Usage; definitions.
ARTICLE II, General Requirements: § 135-3. Interpretation and Application of provisions.; § 135-4. Compliance required.; § 135-5. Approval of plans; completion of improvements or guaranty thereof.
ARTICLE III, Plan Processing Prodedures: § 135-6. General.; § 135-7. Tentative sketch plans.; § 135-8. Formal application.; § 135-9. Acceptance for filing.; § 135-10. Preliminary review process.; § 135-11. Additional plans.; § 135-12. Improvement construction plan.; § 135-13. Final plan.; § 135-14. Construction record plans.
ARTICLE IV, Plan Requirements: § 135-15. General.; § 135-16. Tentative sketch.; § 135-17. Preliminary subdivision plan.; § 135-18. Lot line change plan.; § 135-19. Preliminary land development plan.; § 135-20. Conservation plan overlay.; § 135-21. Improvement construction plan.; § 135-22. Final subdivision, land development and lot line change plans.; § 135-23. Construction record plan.
ARTICLE V, General Standards: § 135-24. Conformance with applicable provisions.; § 135-25. Removal of trees; compensatory planting.; § 135-26. Applicable standards; modifications.; § 135-27. Streets.; § 135-28. Sidewalks and curbs.; § 135-29. Rights-of-way.; § 135-30. Shade Trees.; § 135-31. Planted buffer areas.; § 135-32. Survey monuments.; § 135-33. Bench marks.; § 135-34. Alleys.; § 135-35. Lots.; § 135-36. Blocks.; § 135-37. House numbers.; § 135-38. Exisiting buildings.; § 135-39. Grading.; § 135-40. Sanitary sewers.; § 135-41. Storm drainage.; § 135-41.1. Water service and fire hydrants.; § 135-41.2. Utilities.; § 135-41.3 Concept Development Plan.; § 135-41.4 Greening Standards.
ARTICLE VI, Condominiums: § 135-42. General.; § 135-43. Declaration.; § 135-44. Plants and plans.; § 135-45. (Reserved); § 135-46. (Reserved)
ARTICLE VII, Mobile Home Parks: § 135-47. Governing provisions.
ARTICLE VIII, Conditions for Acceptance of Public Improvements: § 135-48. Sanitary sewers.; § 135-49. Streets and other improvements.
ARTICLE IX, Fees: § 135-50. Fees and Costs.; § 135-50.1. Dedication of Land for Recreation; Fees in Lieu.
ARTICLE X, Penalties and Remedies: § 135-51. Violations and Penalties.; § 135-52. Remedies.
ARTICLE XI, Impact Fees: § 135-53. Purpose.; § 135-54. General Findings and Conditions.; § 135-55. Definitions.; § 135-56. Imposition.; § 135-57. Uses.; § 135-58. Documents Adopted by the Board of Commissioners.; § 135-59. Special Traffic Studies.; § 135-60. Applicability of Impact Fee.; § 135-61. Imposition of Impact Fee.; § 135-62. Exemptions. RESERVED.; § 135-63. Calculations Of Impact Fees.; § 135-64. Establishment of Transportation Service Areas.; § 135-65. Non-binding Impact Fee Estimate.; § 135-66. Administration of Impact Fee.; § 135-67. Method of Payment.; § 135-68. Credit.; § 135-69. Refunds.; § 135-70. Effect of Impact Fee on Zoning and Subdivision Regulations.; § 135-71. Impact Fee as Additional and Supplemental Requirement.; § 135-72. Liberal Construction.; § 135-73. Retroactive Application.; § 135-74. Establishment of Per Trip Cost.

GENERAL REFERENCES
Planning agencies -- See Ch. 34.
Building construction -- See Ch. 62.
Numbering of buildings -- See Ch. 64.
Real estate registry -- See Ch. 119.
Runoff and erosion control -- See Ch. 121.
Sewers -- See Ch. 126.
Shade trees -- See Ch. 128.
Realty transfer tax -- See Ch. 138, Article I.
Watercourses -- See Ch. 149.
Zoning -- See Ch. 155.
Building line ordinances -- See Ch. A163.
Fees -- See Ch. A167.

[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Merion 11-15-1978 by Ord. No. 1836, which ordinance also provided for the repeal of former Ch. 135, Subdivision and Land Development, adopted 1-15-1975 by Ord. No. 1733, as amended. Amendments noted where applicable.]

ARTICLE I
Legislative Intent; Words Defined

§ 135-1. Purpose.

This chapter is adopted for the following purposes:

To promote and protect the public health, safety, morals and welfare.
To promote orderly, efficient, integrated and harmonious development in the township.
To require sites suitable for building purposes and human habitation in keeping with the standards of quality existing in the township and to alleviate peril from fire, flood, erosion, excessive noise, smoke or other menace.
To coordinate proposed streets with existing or proposed streets, parks or other features of the Comprehensive Plan and to provide for drainage, water supply, sewage disposal and other appropriate utility services.
To encourage preservation of adequate open spaces for recreation, light and air and maintenance of the natural amenities characteristic of the township and its residential, commercial and public areas.
To ensure conformance of subdivision and land development plans with the Comprehensive Plan and public improvement plans and to ensure coordination of intergovernmental public improvement plans and programs.
To secure equitable treatment of all subdivision and land development plans by providing uniform procedures and standards.
To ensure that developments are environmentally sound by requiring preservation of the natural features of the areas to be developed to the greatest extent practicable, to maintain the economic well-being of the township and to prevent unnecessary or undesirable blight, runoff and pollution.

§ 135-2. Word usage; definitions.

Word usage. The present tense includes the future. The singular number includes the plural, and the plural, the singular. The word "person" includes a corporation, a partnership and any other legal entity, as well as an individual. The word "building" includes the word "structure" and shall be construed as if followed by the words "or part thereof." The words "shall" or "will" are mandatory, and the word "may" is permissive. References to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials are to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials of the Township of Lower Merion as in effect or office from time to time, including amendments thereto or revisions or successors thereof, unless the text indicates another reference is intended.
Terms defined. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this section:
ALLEY --
A strip of land over which there is a right-of-way, municipally or privately owned, on which no dwellings or stores front, serving as the secondary means of access to two or more lots.
BUILDING LINE --
The line which establishes the minimum depth of front yard measured from the right-of-way line, as required by Chapter 155 of the Code.
CARTWAY --
The portion of a street or right-of-way, paved or unpaved, which is used or intended for use by vehicular traffic.
CODE OF REGULATIONS --
Such governing regulations as are adopted pursuant to this chapter and the Unit Property Act for the regulation and management of condominium properties, including amendments thereof as may be adopted from time to time.
COMMUNITY FACILITIES --
Buildings, parks, playgrounds or public works owned or operated by the township, buildings or playgrounds owned or operated by the Lower Merion School District, and fire stations.
COMPREHENSIVE PLAN --
The plan, consisting of maps, charts and textual matter, indicating the recommendations of the Lower Merion Planning Commission for the continuing development of the township and adopted by the Board of Commissioners of the township.
CONDOMINIUM --
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions and organized in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. [Amended 9-18-1985 by Ord. No. 2085]
COUNCIL --
A board of natural individuals of the number stated in the code of regulations who are residents of the Commonwealth of Pennsylvania, who need not be unit owners and who shall manage the business, operation and affairs of the property on behalf of the unit owners and in compliance with this chapter and the Unit Property Act.
COUNTY --
Montgomery County, Pennsylvania.
CUL-DE-SAC --
A street with one end open for public vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
DECLARATION --
The instrument by which the owner of property submits it to the provisions of the Unit Property Act.
DEVELOPER --
Any landowner or other person who, with permission from the landowner, files application to make or cause or makes or causes to be made a subdivision of land or land development. Written evidence of authority to act for the landowner shall be filed with the application or plan when signed by a person other than the landowner.
DRAINAGE RIGHT-OF-WAY --
The land required for the installation and/or maintenance of storm sewers, drainage ditches or retention basins.
DWELLING UNIT --
Any structure or part thereof designed to be occupied as living quarters as a single housekeeping unit.
ENGINEER --
A person licensed by the state to engage in the practice of engineering or land surveying.
HISTORIC SITE --
Any area, building or natural feature which has been designated by statute, ordinance or departmental or executive declaration of any governmental body as possessing historic significance.
IMPROVEMENT --
Includes buildings, grading, paving, restoration of existing paving damaged by construction, walkways, curbs, gutters, street signs, fire hydrants, water mains, gas mains, sanitary sewers, on-site sewage disposal facilities, storm drainage facilities, retention basins, bridges, sidewalks, crosswalks, monuments, street shade trees, buffer planting and streetlights.
LAND DEVELOPMENT -- [Amended 2-16-1988 by Ord. No. 3078; 4-21-1993 by Ord. No. 3317; 4/16/2007 by Ord. No. 3815]
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 structure on a lot or lots, regardless of the number of occupants or tenure.
(2) The 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.
(3) The transfer of air rights.
(4) A subdivision of lands.
LAND DEVELOPMENT COMMITTEE --
The Committee composed of the heads of departments of the township and such other township employees as the Chairman of the Land Development Committee may appoint. The Chairman of the Land Development Committee shall be appointed by the Township Manager. The duties of the Land Development Committee shall be as indicated in this chapter and shall include the preliminary review of land developments.
LAND SUBDIVISION AGREEMENT --
An agreement between the township and the then owner(s) of a property, executed during the subdivision or land development approval process, which describes conditions of approval. These conditions shall remain in effect regardless of any transfer of ownership. [Added 2-16-1983 by Ord. No. 2018]
LOT --
A tract or parcel of land as defined by the description set forth in the deed or other instrument vesting title in the owner of record or other instrument dividing or allocating land, air rights or subsurface rights below the surface of the land.
LOT DEVELOPMENT --
Any construction for which a building permit is required under Chapter 62 of this Code, or any other activity affecting land or modifying land from its natural condition, which activity is regulated or controlled by a land modification section.
LOT WIDTH --
The required lot width in all districts shall be measured on a straight line between two points on the side lot lines equidistant from the street line. [Added 2-18-1987 by Ord. No. 3034]
MAINTENANCE GUARANTY --
Any security which may be required of a developer by the township after the final acceptance by the township of improvements installed by the developer. Such security may include but is not limited to maintenance bonds, surety agreements or other collateral.
MOBILE HOME --
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT --
A lot in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home, which lot is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK --
A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
NARROW LOT --
Any lot abutting a street which shall have less than the required width at the street line or at any point between the street line and a point 25 feet beyond the proposed building. [Added 2-18-1987 by Ord. No. 3034]
OFFICIAL HIGHWAY MAP --
A map depicting the routes of vehicular travel within the township, which is part of the Township of Lower Merion General Comprehensive Plan, which depiction of such routes only is hereby incorporated by reference in this chapter and shall be as much a part of this chapter as if fully described herein; provided, however, that said depiction may be amended from time to time. The depiction of said routes is available for inspection by the public at the office of the Township of Lower Merion Department of Planning during regular business hours.
PENNSYLVANIA UNIFORM CONDOMINIUM ACT --
68 Pa.C.S.A. § 3101 et seq., Pennsylvania Act of July 2, 1980, P.L. 286, No. 82, and any amendments or successor legislation thereto. [Added 9-18-1985 by Ord. No. 2085]
PERFORMANCE GUARANTY --
Any security which may be required of a developer by the township in lieu of a requirement that certain improvements be made before the township approves the developer's subdivision plan or land development plan. Such security may include but is not limited to performance bonds, escrow agreements, surety agreements or other collateral.
REAR LOT --
A narrow lot which shall have less than the required width at the street line and at the building line but which meets the minimum lot width at the point of the proposed building closest to the street and extending the full depth of the building plus 25 feet. [Added 2-18-1987 by Ord. No. 3034]
RIGHT-OF-WAY --
A public or private easement for vehicular, pedestrian or other right of passage and transit, including the cartway of a street and its border areas.
SPECIMEN TREE --
A unique, rare or otherwise specifically selected plant or tree which most typically represents a whole class or group, specifically in shape, form, historical importance or any other characteristic which may be designated as a specimen tree by the Shade Tree Commission of the township.
STATE --
The Commonwealth of Pennsylvania.
STORM DRAINAGE AREA --
The area of land surface, expressed in acres or a percentage thereof, which slopes in such a manner so as to carry the precipitation which flows over the land surface, during and for a short time after a storm, to a common low point.
STREET --
A right-of-way, publicly or privately owned, serving as a means of vehicular and pedestrian travel and furnishing access to abutting properties and space for sewers and public utilities. [Amended 4-21-1993 by Ord. No. 3317]
1. MINOR STREETS -- Local routes shown on the Official Highway Map serving as a means of vehicular travel primarily to give access to abutting properties and not intended to carry through traffic.
2. TERTIARY ARTERIAL STREETS -- Routes shown on the Official Highway Map serving as means of vehicular travel connecting local neighborhoods and minor roads to secondary systems, providing access to abutting properties and not intended to carry through traffic except to the nearest secondary road.
3. SECONDARY ARTERIAL STREETS -- Feeder or collector stress shown on the Official Highway Map serving as means of vehicular travel linking local communities, connecting neighborhoods to primary arterials and designed to distribute traffic from local generators to tertiary arterials and minor streets.
4. PRIMARY ARTERIAL STREETS -- Through routes shown on the Official Highway Map serving as means of vehicular travel linking local regions with each other and with points of access to expressways, carrying a heavy flow of traffic but with controlled access from intersecting streets and abutting properties.
5. FREEWAY ARTERIAL STREETS -- Regional routes shown on the Official Highway Map serving as means of vehicular travel connecting major population centers and carrying high volumes of traffic for considerable distances at maximum safe speed.
STRUCTURE -- [Added 4-16-2007 by Ord. No. 3815]
Any form or arrangement of building materials involving the necessity of providing proper support, bracing, tying and anchoring.
SUBDIVISION --
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwelling, shall be exempted. "Subdivision" shall include the merger of two or more lots into a lesser number of lots and the mortgage of less than all of a lot. [Amended 3-16-1983 by Ord. No. 2022; 4-21-1993 by Ord. No. 3317]
SUBSTANTIALLY COMPLETED --
Where, in the judgment of the Township Engineer, at least 90% (based on the cost of the required improvements for which financial security has been posted pursuant to § 135-5 of this chapter) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use. [Added 2-19-1986 by Ord. No. 3004]
TOWNSHIP --
The Township of Lower Merion.
UNIT PROPERTY ACT -- [Repealed 9-18-1985 by Ord. No. 2085]
WATERCOURSE --
Any natural or artificial swale, stream, channel, drain or culvert in which waters flow continuously or intermittently.

ARTICLE II
General Requirements

§ 135-3. Interpretation and application of provisions. [Amended 2-16-1983 by Ord. No. 2018]

In the interpretation and application of the provisions of this chapter, said provisions shall be deemed to be the minimum requirements necessary for the promotion and protection of the public health, safety and welfare. Where the provisions of this chapter and all standards and specifications implementing it impose greater restrictions upon subdivision or land development than those of any other chapter of this Code or any regulation or any applicable land subdivision agreement, the provisions of this chapter and its standards and specifications shall be controlling. Where the provisions of any statute, other chapter of this Code or regulation or applicable land subdivision agreement impose greater restrictions upon subdivision or land development than this chapter, the provisions of such statute, other chapter of this Code or regulation or applicable land subdivision agreement shall be controlling.

§ 135-4. Compliance required.[Amended 9-21-1983 by Ord. No. 2034]

No subdivision or land development of any lot shall be effected, and no street, alley, sanitary sewer, storm drain, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon, except in accordance with the provisions of this chapter.
Where, owing to special conditions, a literal enforcement of any of the requirements of this chapter would result in unnecessary hardship or where a requirement does not serve the purpose for which it was designed, the Board of Commissioners may make such reasonable exception thereto as will not be contrary to the public interest.

§ 135-5. Approval of plans; completion of improvements or guaranty thereof.[Amended 6-17-1981 by Ord. No. 1963]

No lot in a subdivision or land development may be sold, leased, mortgaged or otherwise transferred; no permit to erect any building on land in a subdivision or land development may be issued; and no building may be erected or lot development effected in a subdivision or land development unless and until a subdivision plan or land development plan has received final approval and, where required, been recorded.
No plan shall receive final approval unless the streets shown on such plan have been improved to a mud-free or otherwise permanently passable condition or been improved as may be required by this chapter, and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains and other improvements as may be required by this chapter have been installed in accordance with this chapter. In lieu of the completion of any improvements required as a condition of the final approval of a plan, the developer may deposit with the township financial security in an amount sufficient to cover the costs of any improvements or common amenities including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements or buffer or screen plantings which may be required. Without limitation as to other types of financial security which the township may approve, which approval shall not be unreasonably withheld, federal- or commonwealth-chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section. Such financial security shall be posted with a bonding company or federal- or commonwealth-chartered lending institution chosen by the party posting the financial security, provided that said bonding company or lending institution is authorized to conduct such business within the commonwealth. Such bond or other security shall provide for and secure to the public the completion of any improvements which may be required within one year of the date fixed on the plan for completion of such improvements. The amount of financial security shall be equal to 110% of the cost of the required improvements for which financial security is to be posted. The cost of the improvements shall be established by submission to the Board of Commissioners of a bona fide bid or bids from the contractor or contractors chosen by the party posting the financial security to complete the improvements or, in the absence of such bona fide bids, the costs shall be established by estimate prepared by the Township Engineer. If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as re-established on or about the expiration of the preceding one-year period by using the above bidding procedure. In the case where development is projected over a period of years, the Board of Commissioners may authorize submission of final plans by section or stages of development, subject to such requirements or guaranties as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development. As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Commissioners to release or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing, addressed to the Board of Commissioners in care of the Township Planning Department, and the Board of Commissioners shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Commissioners that such portion of the work upon the improvements has been completed in accordance with the approved plan. Upon such certification, the Board of Commissioners shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer as fairly representing the value of the improvements completed or, if the governing body fails to act within said forty-five-day period, the Board of Commissioners shall be deemed to have approved the release of funds as requested. The Board of Commissioners may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements. Where the Board of Commissioners accepts dedication of all or some of the required improvements following completion, the Board of Commissioners may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements. If water mains or sanitary sewer lines or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section. If financial security has been provided in lieu of the completion of improvements required as a condition of the final approval of a plan as set forth in this section, the township shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plan upon actual completion of the improvements depicted upon the approved final plan. Moreover, if said financial security has been provided, any occupancy permits required by the township for any building or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plan, either upon the lot or lots or beyond the lot or lots in question, if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.

ARTICLE III
Plan Processing Procedures

§ 135-6. General. [Amended 2-16-1988 by Ord. No. 3078]

This article sets forth the application requirements and review procedures for requesting approval of proposed subdivisions and land developments. The form of the various plans referred to in this article and the information required to be furnished with such plans shall be as specified in Article IV.

§ 135-7. Tentative sketch plans. [Amended 2-16-1988 by Ord. No. 3078]

When required. A tentative sketch plan shall be required when the proposed development equals or exceeds eight dwelling units or five acres of land or when the plan includes nonresidential development. When a tract is proposed for development within an Open Space Preservation District, applicants shall submit two sketch plans. In all other cases, a tentative sketch plan shall be considered optional. [Amended 2-15-1989 by Ord. No. 3137; 12-19-1990 by Ord. No. 3222]
Plan submittal. Prior to formal application for approval of a plan, a developer, if so required by Subsection A above, shall submit a tentative sketch plan or if not so required may, at his option, submit a tentative sketch or alternate tentative sketches showing streets and lots or other proposed improvements for informal discussion with the township staff and Township Planning Commission. Six copies of any tentative sketch plan shall be submitted, and such plans shall comply with the requirements of Article IV.
Plan review.
1. The Director of Planning and Community Development, the Township Engineer, the Land Development Committee and the Montgomery County Planning Commission shall review the plans and shall submit their comments and recommendations to the Township Planning Commission. The Historical Commission or the Board of Historical Architectural Review, pursuant to Chapter 88, shall also review the plans and shall submit their comments where the property is located in an Historic Resource Overlay District and/or a local historic district. Where applicable, the Environmental Advisory Council will also submit its comments. [Amended 3-15-2000 by Ord. No. 3560]
2. The Township Planning Commission shall discuss the sketch plans with the applicant and shall convey its reactions and recommendations to the applicant.
3. Tentative sketch plans shall be subject to approval or disapproval by the Board of Commissioners only if submission of tentative sketch plans is required under Subsection A above. Board action shall take place in accordance with time limitations set forth in § 135-10G. In all other cases, tentative sketch plans shall not be subject to approval or disapproval by the Board of Commissioners as such plan submissions are optional and are for the benefit of the applicant.

§135-8. Formal application. [Amended 2-16-1988 by Ord. No. 30781-19-2002 by Ord. No. 3630; 1-19-2002 by Ord. No. 3631]

Initial applications. All formal applications for approval of a preliminary subdivision or land development plan or tentative sketch plan required by § 135-7 above shall be made by the developer filing an application form, to be supplied by the Planning Department, with the Director of Planning. The application shall be accompanied by all required plans and documents and all required filing fees.
Amendments and corrections to applications. All amendments to applications and all corrections or revisions shall be submitted in writing by the developer to the Director of Building and Planning. The nature and reason for the changes shall be set forth and, if required, the developer's proposal for rescheduling the Township Planning Commission review.

§ 135-9. Acceptance for filing.[Amended 2-16-1988 by Ord. No. 3078; 1-19-2002 by Ord. No. 3631]

Initial application. The Director of Planning shall have seven days from the date of submission of an application to check the plans and documents to determine if on their face they are in proper form and contain all information required by this chapter. If defective, the application may be returned to the applicant with a statement of rejection, within the seven-day period; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Director of Planning under this section to the Board of Commissioners.
Amendments or corrections to an application. The Director of Building and Planning shall have seven days from the date of submission to examine amended or corrected applications to determine whether such amended or corrected applications result in a substantial amendment to the plan or in the filing of a plan so changed as to be considered a new plan. If the Director of Building and Planning determines that the amended or corrected application constitutes a substantial amendment, he shall so inform the applicant that the Township shall consider the ninety-day review procedure to have been restarted as of the date of the filing of the substantial amendment. If the Director of Building and Planning determines that the amended or corrected application constitutes a new plan, he shall so inform the applicant and shall inform the applicant that a new application and new fees are required. The applicant may appeal a decision by the Director of Building and Planning under this section to the Board of Commissioners.

§ 135-10. Preliminary review process.

One of the following plans, as appropriate, shall be filed with the application:
1. Preliminary subdivision plan. The preliminary subdivision plan is to be filed whenever approval is sought to subdivide a parcel of land, unless a lot line change plan may properly be used. Five initial copies are required and plan requirements are set forth in § 135-17 of this chapter. The conservation plan overlay is required for parcels of land of five acres or more.
2. Preliminary lot line change plan. The preliminary lot line change plan is to be filed whenever approval is sought to shift lot lines or to merge lots (subject to the exemption provided to merged lots by § 135-35E hereof). Five initial copies are required, and plan requirements are set forth in § 135-18 of this chapter. [Amended 1-15-1997 by Ord. No. 3439]
3. Preliminary land development plan. The preliminary land development plan is to be filed whenever land development approval is sought. Five initial copies are required, and plan requirements are set forth in § 135-19 of this chapter. The conservation plan overlay is required for parcels of land of five acres or more.
4. Declaration plan. See § 135-44 for requirements.
Information dissemination. When an application is accepted for filing, the Director of Building and Planning shall forward complete sets of the application, including plans and all appropriate documentation, to the Montgomery County Planning Commission, the Chairman of the Township Planning Commission, the Township Engineer and the Chairman of the Land Development Committee. [Amended 2-16-1988 by Ord. No. 3078; amended 1-19-2002 by Ord. No. 3631]
Submission and review by township staff. [Amended 2-16-1988 by Ord. No. 3078; amended 1-19-2002 by Ord. No. 3631]
1. Review by the Director of Building and Planning. The Director of Building and Planning shall review the application documents to determine if they are in compliance with this chapter, Chapter 135, Subdivision and Land Development, and Chapter 155, Zoning, the township planning objectives and accepted planning standards. He shall prepare a written report stating his findings and recommendations.
2. Review by the Township Engineer. The Township Engineer shall review the application documents to determine if they are in compliance with this chapter and with Chapter 121, Stormwater Management and Erosion Control, and Chapter 149, Watercourses, applicable state and federal statutes and regulations, other applicable township ordinances, township standards and good engineering practices. He shall prepare a written report stating his findings and recommendations.
3. Review by the Land Development Committee. The Land Development Committee shall review the application documents and reports prepared by township officials or otherwise submitted. The Land Development Committee shall thereafter forward the documents and reports to the Township Planning Commission along with the recommendation of the Committee relative to the approval or disapproval of the application.
4. The preliminary subdivision plan, complying with all applicable requirements, shall be filed with the Director of Building and Planning for approval within 12 months from the date of the approval of the tentative sketch plan. Failure to comply with the time limitation herein provided shall make the approval of the tentative sketch plan null and void unless an extension of time is granted in accordance with this section. The twelve-month period may be extended by the Board of Commissioners upon application by the applicant filed in writing within said twelve-month period upon demonstration of the following:[Added 6-19-1991 by Ord. No. 3243; amended 1-19-2002 by Ord. No. 3631]
  1. That one or more conditions existent at the time of tentative sketch plan approval have changed.
  2. That such change of circumstances was beyond the applicant's control and has prevented submission of the preliminary plan within the twelve-month period.
  3. That such circumstances have been overcome or will be overcome in the foreseeable future.
Submission of plan revisions. When any modifications to the preliminary plans are requested by the Land Development Committee and/or the Township Engineer, any revised plans shall be submitted to the Building and Planning Department not later than noon, 17 days prior to the date of the first hearing before the Township Planning Commission, or at noon 18 days prior thereto when the 17th day falls on a holiday; provided, however, that if said modifications result in a substantially different plan, a new formal application process shall be required which shall follow all of the procedures and time requirements set forth herein. [Added 2-16-1988 by Ord. No. 3078; amended 1-19-2002 by Ord. No. 3630; 2-20-2002 by Ord. No. 3634]
Notice, closing of record, submission of additional plans and building/driveway location plans. [Amended 2-16-1988 by Ord. No. 3078]
1. Notice. When a subdivision or land development application is to be reviewed by the Township Planning Commission, notice of the date and time of the hearing shall be posted by the applicant on each street frontage of the property involved for at least 14 consecutive days immediately prior to and including the day of the Township Planning Commission hearing. Such notice shall be clearly visible to the public, shall be on forms provided by the Building and Planning Department and shall contain, in legible print, all the information therein required. No subdivision or land development plan shall be considered until proper posting has occurred. Posted notices shall be promptly removed after the date of the Township Planning Commission hearing. [Amended 1-19-2002 by Ord. No. 3630]
2. Closing of file. The application record shall be closed at noon 17 days before the Township Planning Commission hearing, or at noon 18 days prior thereto when the 17th day falls on a holiday, to allow the Township staff and the public sufficient time to examine and study the plans and all appropriate documentation. No changes or amendments to the application shall be received after this date unless the applicant shall apply for a rescheduling of the hearing before the Township Planning Commission and make suitable provision for an extension of the review time; provided, however, that nothing herein shall preclude any individual from giving testimony or comments with respect to the application at a public meeting open for discussion with respect thereto. [Amended 2-20-2002 by Ord. No. 3634]
3. Submission of additional copies of plans. Prior to the date set forth in Subsection E(2) above, the applicant shall submit such additional copies of the plans, together with all appropriate documentation, so that the township shall have at least 12 full sets of plans and all appropriate documentation.
4. Plans required by the Planning Commission in accordance with Subsection F(2) herein shall also adhere to the procedures set forth in Subsection E(1), (2) and (3) of this section.
Planning Commission review.
1. The date set for review shall be given to the applicant after consultation with the Director of Building and Planning. Should the Township Planning Commission request any modifications to the preliminary plans as a result of the first hearing, any revised plans, together with all appropriate documentation, shall be submitted to the Building and Planning Department not later than 17 days prior to the next Township Planning Commission meeting or at noon 18 days prior thereto when the 17th day falls on a holiday, at which the plans will be reviewed again. After review by the Township Planning Commission, the Commission shall transmit the plan to the Board of Commissioners, with its recommendations and those of the Land Development Committee. [Amended 2-16-1988 by Ord. No. 3078; 1-19-2002 by Ord. No. 3630; 2-20-2002 by Ord. No. 3634]
2. Building and driveway locations are a concern of the Planning Commission in the preservation of natural features. If these locations are not known at the time of application, the Planning Commission may approve the preliminary plan subject to the applicant submitting at a future time a plan showing building and driveway locations. Such a plan must be submitted and approved before application for a building permit.
3. If the Planning Commission deems that the proposed improvements, including building and driveway locations, are necessary to determine whether the proposed subdivision or land development is in compliance with this chapter, the Commission will require this information before recommending approval of the preliminary plan.
Action by Board of Commissioners. The Board of Commissioners shall act upon the plan application not later than 90 days following the date of the regular meeting of the Planning Commission next following the date on which the application is deemed accepted for filing under § 135-9 of this chapter, provided that should the next regular meeting of the Planning Commission occur more than 30 days following the date the application is deemed accepted for filing, said ninety-day period shall be measured from the 30th day following the day the application has been deemed accepted for filing. The decision of the Board of Commissioners shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision or not later than the last day of the aforesaid ninety-day period, whichever day shall first occur.
Certification and distribution of copies. After the plan has been approved by the Board of Commissioners, copies with all conditions of approval noted thereon, duly certified by the Township Secretary, shall be distributed as follows:
1. One copy will be sent to the Montgomery County Planning Commission.
2. One copy will be given to the developer.
3. One copy will be retained in the subdivision file of the township.
4. One copy will be retained by the Director of Building and Planning. [Amended 1-19-2002 by Ord. No. 3631]
5. One copy will be retained by the Township Engineer.
6. One copy will be given to the Montgomery County Recorder of Deeds.
Effect of approval.
1. Approval of the preliminary plan by the Board of Commissioners shall have the effect of adding the streets shown thereon to the township plan of streets and alleys. To change, relocate or remove a street from an approved preliminary plan, a new plan must be submitted by the owners of the land over which the street was laid out and be approved by the Board of Commissioners.
2. Upon approval of the preliminary plan by the Board of Commissioners, the streets shown thereon shall constitute easements over the property for the purpose of construction.
3. Approval shall confer upon the applicant the following rights for a five-year period from the date of such approval: [Amended 2-19-1986 by Ord. No. 3004]
  1. The general terms and conditions under which the approval was granted will not be changed.
  2. No subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete the development in accordance with the terms of the approval.
  3. If final approval is required by § 135-13, said applicant may submit, on or before the expiration date, the whole or parts of said preliminary plan for final approval.
4. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. [Added 2-19-1986 by Ord. No. 3004]
5. Where the landowner has substantially completed the required improvements as depicted upon the final plat within the five-year limit, or any extension thereof as may be granted by the Board of Commissioners, amendments to municipal ordinances enacted subsequent to the date of the filing of the preliminary plan shall not modify or revoke any aspect of the approved final plat pertaining to zoning classification, density, lot, building, street or utility location. [Added 2-19-1986 by Ord. No. 3004]
6. In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, the applicant shall file a schedule with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. [Added 2-19-1986 by Ord. No. 3004]
  1. The applicant shall update said schedule annually on or before the anniversary of preliminary plat approval until final plat approval of the final section has been granted.
  2. Any modification in the aforesaid schedule shall be subject to the approval of the Board of Commissioners in its discretion.
  3. Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units depicted on the preliminary plan, unless a lesser percentage is approved by the Board of Commissioners.
7. Provided that the applicant has not defaulted with regard to or violated any of the conditions of the preliminary plat and approval, including compliance with the applicant's schedule of submission of final plats for the various sections required by § 135-10I(6), then the protections afforded by substantially completing the improvements depicted upon the final plat within five years as stated in § 135-10I(6) shall apply. For any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within the five-year period, the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section. Failure of the applicant to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes in zoning, subdivision and other governing ordinances enacted by the township subsequent to the date of the initial preliminary plat submission. [Added 2-19-1986 by Ord. No. 3004]
Disapproval.
1. If the Board of Commissioners shall disapprove the plan, the reasons therefor will be set forth in writing.
2. The applicant may resubmit the preliminary plan for approval, in which case he shall do so in accordance with the requirements, including additional fees, of this chapter, after modifying the plan to conform to requirements of the disapproval report and/or letter.

§ 135-11. Additional plans.

Additional plans which may be required include an improvement construction plan, a final plan and a construction record plan.

§ 135-12. Improvement construction plan.

When required. An improvement construction plan is required whenever an improvement, as defined herein, but not including buildings, is shown on an approved plan to be constructed or installed. See § 135-21 for plan requirements.
1. Three copies of the improvement construction plan shall be filed with the Director of Planning, accompanied by an application for approval. These will be reviewed by the Land Development Committee, and one will be returned to the applicant for preparation of final plans.
2. Eight copies of the final improvement construction plan shall be submitted to the Director of Planning.
3. The sanitary sewer plans and drainage plans will also be reviewed by the Department of Public Works. Improvement construction plans will be acted upon finally by the Land Development Committee.
4. In the event that there are to be changes in the contour of any land proposed to be subdivided, developed or changed in use by grading, excavating or the removal or destruction of the natural topsoil, trees or other vegetative covering thereon, the developer shall comply with Chapter 121, Stormwater Management and Erosion Control, of this Code.
5. Whenever the storm drainage area above a contemplated storm drainage improvement contains an area of 1/2 of one square mile or more and whenever there are any proposed improvements in or near a stream or floodplain, a permit must be obtained from the Pennsylvania Department of Environmental Protection, Bureau of Water Quality Management, Division of Dams and Encroachments, before an improvement construction permit will be issued by the township. Whenever an improvement or new street or driveway access is contemplated within the right-of-way of a state highway, a Pennsylvania Department of Transportation permit must be obtained before an improvement construction permit will be issued by the township.
Approval. Upon approval of the improvement construction plan by the Land Development Committee, the Township Engineer will so certify thereon, and the Township Secretary will issue an improvement construction permit authorizing the construction of the improvements. The copies with the certification of approval thereon shall be distributed as follows:
1. One copy will be returned to the registered engineer or surveyor who prepared the plan.
2. One copy and the permit will be given to the applicant.
3. One copy will be retained in the subdivision file of the township.
4. Two copies will be retained by the Township Engineer.
5. One copy will be used by the Township Inspector.
6. One copy will be forwarded to the Philadelphia Suburban Water Company.
7. One copy will be forwarded to the Philadelphia Electric Company.
Disapproval. If the Land Development Committee shall disapprove the plan, the reasons therefor will be set forth in writing and will be given to the developer, who may, within 30 days thereafter, appeal to the Planning Commission. The appeal will be considered by the Commission, and its recommendation will be forwarded to the Board of Commissioners, whose decision will be final.
Effect of approval. The permit will become void if work is not commenced within six months, provided that a single extension of six months may be granted by the Township Engineer upon written request.
Completion certificate. After satisfactory completion of the work, the guaranty will be released, the completion certificate on the permit will be endorsed by the Township Secretary, and the Township Engineer will endorse the plan accordingly.

§ 135-13. Final plan.

When required. When all conditions of approval required by the preliminary plan approval have been obtained as required by this chapter, the developer will prepare a final plan showing all lot lines, improvements and other features of the subdivision or land development and shall submit the same to the Building and Planning Department for confirmation of compliance with such conditions and approval. If there are no conditions of approval, the preliminary plan may be submitted as the final plan. Upon obtaining the approval of the Building and Planning Department or the Board of Commissioners, the developer will record the final plan, with evidence of such approval, in the office for the recording of deeds for Montgomery County. [Amended 5-16-2007 by Ord. No. 3816]
Submission and approval.
1. The final plan, complying with all applicable requirements, shall be filed with the Director of Planning for a final approval within 12 months from the date of the approval of the preliminary plan. Failure to comply with the time limitation herein provided shall make the approval of the preliminary sketch plan null and void unless an extension of time is granted in accordance with this section. The twelve-month period may be extended by the Board of Commissioners upon application by the applicant, filed in writing, within said twelve-month period upon demonstration of the following; [Amended 5-15-1985 by Ord. No. 2071; 6-19-1991 by Ord. No. 3243]
  1. That one or more conditions existent at the time of preliminary plan approval have changed.
  2. That such change of circumstances was beyond the applicant's control and has prevented submission of the final plan within the twelve-month period.
  3. That such circumstances have been overcome or will be overcome in the foreseeable future.
2. One copy of the plan on a Linura cloth (white or blue) and two reproducible Mylars of the sizes as specified by the Recorder of Deeds of Montgomery County shall be submitted to the Township Engineer, together with five paper prints accompanied by an application for approval.
3. All final plans must conform with final approval and must be recorded with the office of the Recorder of Deeds of Montgomery County within 90 days after final approval.
4. Approval of final plans shall not be deemed to constitute acceptance by the township of any streets or other public improvements which are offered for dedication.

§ 135-14. Construction record plans.

Construction record plans of all street improvements shall be filed at the completion of construction and before any dedication for public use. These shall be printed on reproducible Mylar and shall be filed with the Director of Public Works. Such plans shall be filed prior to release of the guaranty and issuance of the completion certificate by the Township Engineer as set forth in § 135-12E of this article.

ARTICLE IV
Plan Requirements

§ 135-15. General.

This Article sets forth the detailed requirements for plans referred to in Article III.

§ 135-16. Tentative sketch.[Amended 2-16-1988 by Ord. No. 3078; 6-20-1990 by Ord. No. 3197; 11-21-1990 by Ord. No. 3213; 12-19-1990 by Ord. No. 3222]

The tentative sketch shall be based upon Tax Map information at a scale not less than 50 feet to the inch and shall show the entire tract on one sheet. Where two sketch plans are required, the first plan shall show the development conforming to underlying zoning and subdivision regulations and shall be used as the yield map in establishing the allowable density on the tract. The second plan shall show the development conforming to the overlay regulations of the Open Space Preservation District. The density established with the yield map shall be used for the open space preservation plan; density shall be no greater than that which the underlying zoning and subdivision regulations would permit. The tentative sketch application shall indicate whether conditional use approval will be sought for development in accordance with the underlying zoning and subdivision regulations.
Sketch plans shall include the following information:
1. The name of the owner.
2. The number of lots in the proposed subdivision or land development
3. The zoning district and requirements.
4. Existing structures in the portion to be subdivided or developed.
5. Existing structures within 200 feet of the tract.
6. Existing wooded area in the portion to be subdivided or developed.
7. The name and address of all adjoining owners.
8. The portion of the tract to be subdivided or developed.
9. Stream (and direction of flow) through tract and within 200 feet of tract.
10. Existing utility easements, floodplain easements, conservation easements and rights-of-way.
11. A key map at a scale of one inch equals 2,000 feet, clearly showing the location of the proposed subdivision or land development within the township and in relation to major streets and political boundaries.
12. Existing and proposed streets and other proposed improvements.
13. Soil type, limitation and classification as required by § 135-17B(8)(a), (f) and (g).
14. Topography and existing and proposed drainage patterns.
15. Area(s) to be set aside for stormwater management.
16. A conservation plan inventory containing the information set forth in § 101-14A, Inventory.
17. Where the property is a contributing resource in an historic neighborhood or an historic district or is a resource listed in the Historic Resource Inventory, the applicant shall submit an historic resource impact study, as these terms are defined in Chapter 155, Article XXVIIA, and shall submit a statement with the plan, indicating which, if any, of such historic resources would be changed or affected to any substantial extent by the implementation of the subdivision plan and the development of the property. [Added 3-15-2000 by Ord. No. 3560]

§ 135-17. Preliminary subdivision plan.

Preliminary subdivision plans shall conform to the following standards:

Drafting standards.
1. The scale shall be a minimum of 50 feet to the inch and shall be prepared by a registered professional engineer or by a professional land surveyor; the tract perimeter survey shall be prepared by a professional land surveyor. [Amended 7-21-1982 by Ord. No. 2002; 11-21-1990 by Ord. No. 3213]
2. Dimensions shall be in feet and decimals, and bearings shall be in degrees, minutes and seconds.
3. Each sheet shall be numbered to show its relation to the total number of sheets in the plan, as "Sheet No. 1 of 5 sheets." Where there are four or more sheets, a key map on a scale sufficient to show their relationship shall be furnished. Where any revision is made, dotted lines shall be used to show the abandoned plan, and solid lines shall be used to show the new plan.
4. (Reserved)
5. (Reserved)
Existing features. The plan shall set forth:
1. The location, names and widths of streets and alleys, including those shown on the Official Highway Map; the location and names of railroads; the location of property lines and names and addresses of owners; and the location of watercourses, direction of flow, sanitary sewers, storm drains, zoning classifications, existing structures and similar features within 200 feet of any part of the land to be subdivided.
2. Street dimensions, including center-line courses, distances and curve data; paving widths and curblines; right-of-way and curbline radii at intersections; street location tie-ins by courses and distances to the nearest intersection of existing and planned streets and alleys; dimensions of existing sanitary sewers and storm drains, watercourses, drainage flows and direction of flow, existing utility easements, conservation easements and rights-of-way; and recreational areas within the land to be subdivided.
3. Contour lines at intervals not to exceed five feet vertically or approximately 100 feet horizontally.
4. The location and character of existing buildings by measurement to property and street lines; the area of the lot or tract; the location, species and size of specimen trees and large trees alone and in groves or street shade trees; watercourses; scenic and historic points; and the location of quarries and other topographical features which may affect the location of proposed streets, alleys or structures.
5. Measured distances from the center lines of existing and proposed streets to buildings, large trees standing alone or other control points; and the location of all survey monuments with references to them.
6. The acreage to the nearest tenth of an acre and the courses and distances of the boundary line survey of the land to be subdivided. The survey shall not have an error of closure greater than one part in 5,000.
7. The location of the one-hundred-year floodplain limit line as shown on the Lower Merion Floodplain Maps or HUD Flood Insurance Map, whichever is most restrictive.
8. Soil classification by the United States Department of Agriculture Soil Conservation Service, as shown in the document entitled "Soil Survey Montgomery County, Pennsylvania," dated April 1967. In addition to the soil symbol shown on the plan and the area in acres for each, the following shall also be provided from the above documents as characteristic of each soil type: [Amended 11-19-1986 by Ord. No. 3025]
  1. Soil name.
  2. Percent of land slope.
  3. Depth to seasonal high water.
  4. Depth to bedrock.
  5. Erodibility class.
  6. Limitations of soil type, including load-bearing capacity, drainage and plant growth.
  7. Hydrological classification, as set forth in the Soil Conservation Service Engineering Field Manual.
9. A key may at a scale of one inch equals 2,000 feet, showing the location of the proposed subdivision in relation to major streets, streams and municipal boundaries.
10. The developer shall indicate historic sites and structures, including but not limited to those sites and structures listed in the Lower Merion Township Board of Historical and Architectural Review, Historical and Architectural Inventory, and the natural features of the land as outlined in § 135-24D, together with such additional description of such sites, structures and features as may be required, and shall submit a statement with the plan, indicating which, if any, of such sites, structures and natural features would be changed or affected to any substantial extent by the implementation of the subdivision plan and the development of the property. He shall indicate the location of walks and bridle trails that have been in public use and his proposal for their continued use by easement or otherwise. [Amended 5-18-1988 by Ord. No. 3090]
11. For parcels five acres or larger, a conservation plan overlay must also be submitted.
12. Any other information the Board of Commissioners, Planning Commission or planning staff may require to properly review the subdivision.
Proposed streets and lot layout. The plan shall also contain the following information:
1. A title consisting of the name and address of the developer and the registered engineer or surveyor; the location and area of the subdivision; the date, scale and North point; and an indication that the elevation is based on township level datum.
2. Streets.
  1. The layout of streets, including names and widths of streets, widths of alleys and crosswalks and the location of proposed street shade trees.
  2. Tentative grades of streets extended to an existing street or to a point 200 feet beyond the boundaries of the subdivision.
  3. The location, width and grade of proposed private driveway approaches to streets.
  4. A profile of any proposed driveway when the grade of the driveway is over 10%.
  5. Cross-section and center-line profiles of all new streets and pedestrianways.
3. The layout and approximate dimensions of lots; proposed building locations; the applicable zoning requirements for lot area, width, side, front and rear yards, with an indication that each lot is equal to or in excess of these requirements; the location of zoning district boundary lines affecting the subdivision; and indication of any lots in which other than a residential use is intended.
4. A reference to any land dedicated for public use or offered for dedication for parks, recreation areas, schools, and additional rights-of-way of streets. These are to be indicated in color.
5. Location and size of storm drains, sanitary sewers, on-site sewage disposal facilities, gas mains, water mains, fire hydrants and other underground conduits or structures.
6. Building setback lines established by zoning or uniform building line ordinances or deed restrictions, with distances from the right-of-way line.
7. The location of existing and proposed survey monuments.
8. Easements across private property for the construction and maintenance of sanitary sewers, so located that they make available for each lot separate connections to a township sewer on or abutting each lot. This is required regardless of availability of outfall sewers.
9. If on-site sewage disposal will be required on any portion of the land, the requirements of the Pennsylvania Department of Environmental Protection must be complied with.
10. Contours at two-foot intervals whenever the developer proposes to make any changes in grade in a subdivision. An erosion and runoff control plan shall be submitted in accordance with the requirements of Chapter 121 of this Code.
11. The proposed elevations of all lot property corners.
12. If the preliminary subdivision plan covers only a portion of the applicant's entire holdings, the prospective future street system and lot layout for the entire tract shall be indicated.
13. Any other information the Board of Commissioners, Planning Commission or planning staff may require to properly review the subdivision.
Certificates. An approved preliminary plan shall contain:
1. The signature of the developer certifying his adoption of the plan.
2. The signature of the Township Secretary certifying that the Board of Commissioners approved the plan on the date shown.

§ 135-18. Lot line change plan.

Drafting standards. The same standards shall be required for a lot line change plan as for a preliminary plan. [Amended 11-21-1990 by Ord. No. 3213]
Information to be shown. The plan, which may constitute a portion of an approved preliminary or final plan, shall show:
1. A title indicating it to be a lot line change plan.
2. Lines to be changed shown as dotted lines.
3. New lines of each lot, with courses and distances.
4. Net lot area to the right-of-way line of the street for each lot.
5. Existing buildings and their use.
6. Location of proposed buildings.
Certificates. An approved lot line change plan shall contain:
1. The signature of the developer, acknowledged by a notary public, certifying his adoption of the plan.
2. Signature of the Township Engineer certifying that the Commissioners approved the plan on the date shown or that the plan conforms with the approved preliminary or improvement construction plan and that the improvements have been installed or guaranteed for that portion of the tract for which the plan is being recorded.

§ 135-19. Preliminary land development plan.

Drafting standards. The scale shall be no smaller than 100 feet to the inch and shall be prepared by a registered professional engineer or by a professional land surveyor or by an architect, but any tract perimeter survey shall be prepared by a professional land surveyor. Dimensions shall be in feet and decimals, and bearings shall be in degrees, minutes and seconds. [Amended 7-21-1982 by Ord. No. 2002]
Existing features and proposed construction. The plan shall comply with and contain the following:
1. All of the requirements listed in § 135-17B of this article.
2. Location of proposed underground utilities, curb, paving, storm drainage and sanitary sewers within the property and adjacent to the property.
3. Proposed contours at two-foot intervals and proposed changes in grade clearly defined. The standards set forth in Chapter 121 of this Code are to be followed.
4. For parcels five acres or larger, a conservation plan overlay must also be submitted.
5. If on-site sewage disposal is required, the applicant must fulfill requirements of the Pennsylvania Department of Environmental Resources.
6. Location of proposed buildings and driveways. Where the driveway slope is in excess of 10%, a profile must be submitted.
7. Certificates. An approved land development plan shall contain the signature of the Township Secretary certifying that the Board of Commissioners approved the plan on the dates shown and the signature of the Township Engineer certifying that the improvements, except for buildings, have been constructed or guaranteed.
8. A traffic impact study and parking analysis documenting existing conditions and projections subsequent to the proposed development. The study shall set forth the improvements needed to provide for the safe, efficient and orderly movement of traffic and shall be subject to the approval of the Township Engineer. [Added 6-21-1995 by Ord. No. 3394]
9. The location of existing and proposed survey monuments. [Added 4-18-2000 by Ord. No. 3566]

§ 135-20. Conservation plan overlay.

The conservation plan overlay shall consist of a graphic representation and/or a narrative statement. It shall be of the same scale as the subdivision or land development plan submitted and shall show the total tract boundaries of the property being subdivided or developed and shall indicate features of the land.
The purpose of the conservation plan overlay is to show existing conditions and disclose the environmental consequences of a proposed action by an applicant. This requirement is made in order to protect the natural environment with respect to water quality, water supply, soil erosion, pollution of all kinds, flooding and waste disposal. The intent is to preserve trees and vegetation, to protect watercourses, air resources and aquifers as far as is reasonably possible, consistent with the zoning of the tract.
The conservation plan statement shall include the following items pertaining to a proposed subdivision or land development. These may be in a narrative or shown on plan when appropriate. The narrative and plan must be signed and sealed by a professional engineer.
1. Soil types:
  1. United States Department of Agriculture soil types (show on map).
  2. Soil characteristics, as listed in the United States Department of Agriculture report for Montgomery County.
2. Surface waters:
  1. Distance of site from nearest surface water and headwaters of streams.
  2. Sources of runoff water.
  3. Rate of runoff from the site.
  4. Destination of runoff water and method of controlling downstream effects.
  5. Chemical additives to runoff water on the site.
  6. Submission of an erosion and sediment control plan.
3. Ground cover, including trees:
  1. Extent of existing impervious ground cover on the site.
  2. Extent of proposed impervious ground cover on the site.
  3. Extent of existing vegetative cover on the site.
  4. Extent of proposed vegetative cover on the site.
4. Topography:
  1. Maximum existing elevation of the site.
  2. Minimum existing elevation of the site.
  3. Maximum proposed elevation of she site.
  4. Minimum proposed elevation of the site.
  5. Description of proposed change in topography.
5. Water supply:
  1. The source and adequacy of water to be provided to the site.
  2. The expected water requirements (gallons per day) for the site.
6. Sewage disposal system. Description and location on the site of the system.
7. The following shall be included where appropriate to the consideration of plans for institutional, commercial and industrial uses:
  1. Solid waste.
    1. Estimated quantity of solid waste to be developed on the site during and after construction.
    2. Method of disposal of solid waste during and after construction.
    3. Plans for recycling of solid waste during and after construction.
  2. Air quality.
    1. Expected changes in air quality due to activities at the site during and after construction.
    2. Plans for control of emissions affecting air quality.
  3. Noise. Noise levels, above existing levels, expected to be generated at the site (source and magnitude), during and after construction.
8. Impact of proposed action. The impact of the proposed action on the following:
  1. Adjacent properties.
  2. Air quality.
  3. Traffic on adjacent streets.
  4. Drainage and runoff.
  5. Groundwater quality.
  6. Situation of surface waters.
  7. Surface-water quality.
  8. Sites of historic significance.
9. Critical impact areas.
  1. In addition to the above, plans should include any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the environment. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 15%, highly acid or highly erodible soils, areas of high water table, mature stands of native vegetation and aquifer recharge and discharge areas.
  2. The following information is required:
    1. A statement of impact upon critical areas and of adverse impacts which can not be avoided.
    2. Environmental protective measures, procedures and schedules to minimize damage to critical impact areas during and after construction.
    3. A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each.
    4. A listing of steps proposed to minimize environmental damage to the-site and region during construction and operation.

§ 135-21. Improvement construction plan.

Drafting standards. The same standards shall be required for an improvement construction plan as for a preliminary plan, except that the horizontal scale of the plan and profile shall be 40 feet to the inch, and the vertical scale of the profile shall be four feet to the inch. The center and right-of-way lines of streets approved on a preliminary plan shall be treated as existing features.
Information to be shown. The plan shall contain sufficient information to provide working plans for the laying out and construction of any proposed streets or any portion thereof, including all appurtenances, sewers and utilities shown on the approved preliminary plan, from one existing or approved street to another or, in the case of a cul-de-sac, to its dead end, and shall include:
1. Horizontal plan. The horizontal plan shall show details of the horizontal layout as follows:
  1. Specific information shown on the preliminary plan pertaining to the street to be constructed.
  2. Beginning and end of the proposed immediate construction.
  3. Stations corresponding to those shown on the profile. Elevations of the curb at tangent points of horizontal curves at street or alley intersections and at the projected intersections of curblines.
  4. Location and size of sanitary sewers and lateral connections, with distances between manholes; location and size of water, gas, electric and other utility poles, pipes or conduits; and location and size of storm drains, inlets and manholes.
  5. Location, size and species of street shade trees and location and type of fire hydrants and streetlights. The size of a tree shall be the diameter measured breast high (4 and a 1/2 feet).
  6. Location of survey monument and references to survey points.
  7. Courses and distances to existing public streets.
2. Profile. The profile shall be vertical section of the street with details of vertical alignment as follows:
  1. Profiles and elevations at the fifty-foot stations along the present ground surface over the center line, and profiles of right-of-way lines or building setback lines when topography is rough and the grade of slopes exceeds 15%. The profile of any existing intersecting roads shall be shown for a distance of approximately 100 feet, or as much as may be necessary.
  2. Profile and grades along the new center line and along each curbline when the same differ from the standard cross section, such as at banked curves or at corners. Grade elevations shall be at the fifty-foot stations and at tangent points. On vertical curves the elevations shall be at twenty-five-foot intervals.
  3. Profile of sanitary sewers with a profile over the sewers of the present and finished ground surface showing manhole locations with stations beginning at the lowest manhole.
  4. Profile of storm drains showing manhole and inlet locations.
3. Cross section. The cross section shall comply with the Construction Standards and Specifications for Highway Improvements as minimum requirements. It shall show a typical cross section across the street or alley with details of grading and construction as follows:
  1. Right-of-way width and the location and width of paving within the right-of-way.
  2. Type, thickness and crown of paving.
  3. Type and size of curbing and size of concrete chair under joints. Grading of sidewalk area should be carried to the full width of the right-of-way slopes of cut or fill extended beyond the right-of-way.
4. Buffer planting.

§ 135-22. Final subdivision, land development and lot line change plans.

Drafting standards. The same standards shall be required for a final plan as for a preliminary plan, except that the tracing from which prints are made shall be entirely in ink. The Recorder of Deeds of Montgomery County requires that plans be of the following sizes for recording:
1. Twenty-four inches by 36 inches.
2. Eighteen inches by 30 inches.
3. Fifteen inches by 18 inches.
Information to be shown. The plan, which may constitute a portion of an approved preliminary plan, shall show:
1. A title indicating final plan.
2. Key map at one inch to 2,000 feet, locating the subdivision or land development within the township.
3. Courses and distances sufficient for the legal description of all lines shown on the plan. The error of closure shall not be greater than one part in 5,000.
4. Names of abutting owners; names, locations, widths and other dimensions of streets, including center-line distances and curve data; descriptive data of right-of-way lines not parallel with or concentric with a center line; location of tie-ins by courses and distances to the nearest intersections of all existing, planned and approved streets, alleys and easements; and recreational areas and other public improvements within the land to be subdivided or developed.
5. Location, material and size of survey monuments with references to them.
6. Building setback lines established by zoning or uniform building line ordinances or deed restrictions, with distances from the right-of-way line.
7. Restrictions in any deed affecting the subdivision or development of the property.
8. Existing buildings and their use.
9. Where a plan requires access to a highway under the jurisdiction of the Department of Transportation, a notation that a highway occupancy permit is required by 36 P.S. § 670-420 and that access to the state highway shall be only as authorized by a highway occupancy permit. [Added 10-15-1986 by Ord. No. 3023]
Certificates. An approved final plan shall contain:
1. Signature and seal of a registered engineer or surveyor, certifying that the plan represents a survey made by him, that the monuments shown thereon exist as located and that all dimensional and geodetic details are correct.
2. The signature of the developer, acknowledged by a notary public, certifying his adoption of the plan.
3. The signature of the Township Engineer, certifying that the plan conforms to the approved preliminary plan or improvement construction plan and that the improvements have been constructed or guaranteed for that portion of the tract for which the plan is being recorded.

§ 135-23. Construction record plan.

The construction record plan shall show, but is not limited to, the following information:

Horizontal location of all surface and underground construction.
Monuments.
Metes and bounds of all rights-of-way and easements.
Profile showing elevations of the ground, top of structures and inverts of all manholes, inlets and drainage structures.
Plans are to be prepared in the same detail and to the same standards as the improvement construction plan.

ARTICLE V
General Standards

§ 135-24. Conformance with applicable provisions.

All subdivisions and land developments shall conform to the Official Highway Map, the design standards set forth in this article and all other pertinent sections of this Code.
Developers shall include the following in the subdivision or land development design:
1. Provision of adequate rights-of-way and improvements.
2. Easements for storm and sanitary sewer facilities in those areas that cannot be immediately joined to the existing storm and sanitary sewer systems of the township.
3. When required by the Board of Commissioners, reservation of areas and easements for crosswalks, pedestrian access, bikeways and/or bridle trails appropriate to the proposed subdivision or land development.
Community facilities shall be considered in the approval of subdivision and land development plans. Areas reserved for such facilities should be adequate to serve the additional dwellings or other buildings contemplated by the subdivision or land development.
Preservation of open spaces, historic sites and structures, natural features of the land and other community assets. [Amended 5-18-1988 by Ord. No. 3090]
1. Every subdivision or land development plan shall be designed to preserve and protect the natural features of the land, including existing grades and contours, bodies of water and watercourses, large trees standing alone or in groves, street shade trees and specimen trees, scenic and historic points, pedestrian walks and bridle trails that have been in public use and other community assets.
2. The burden shall be on the developer to justify any material changes in the natural features of the land by satisfactory proofs that subdivision or land development would not be feasible without such changes and that there are no practical alternatives. The fact that subdivision or land development would involve greater expense or less density because of the maintenance of certain natural features will not in and of itself be considered a justification of changes in such features.
3. Every subdivision or land development plan shall be designed to preserve and protect historic sites and structures. The burden shall be on the developer to justify any material changes in historic sites and structures by satisfactory proof that subdivision or land development would not be feasible without such changes and that there are no practical alternatives which would permit the preservation of this historical nature of the property. The fact that subdivision or land development would involve greater expense or less density because of the maintenance of historic sites and structures will not in and of itself be considered a justification for material changes or alterations to such historic sites or structures.
4. Preservation of the community. To protect and maintain air and noise level quality, open space, aesthetic quality and the social and economic stability of all parts of the township and to coordinate subdivision and land development with existing nearby neighborhoods, the Board of Commissioners may impose reasonable buffer requirements when any of the following conditions may reasonably be expected to occur as a result of the proposed subdivision or land development:
  1. Substantial changes in the level or quality of air pollutants or the number of people affected by air pollution.
  2. Substantial changes in the level of noise or vibration or the number of people affected by noise or vibration.
  3. Substantial changes in the site views from nearby premises or in the degradation of the privacy of nearby premises.
When a subdivision or land development plan is approved subject to conditions requiring the developer to make improvements, the Board of Commissioners shall have the option of requiring the developer to pay the cost of the improvements to the township at the time of subdivision or land development approval, in which event the township shall construct the improvements, in lieu of requiring the actual construction of the improvements by the developer. The payment by the developer shall be made only if the developer and the township agree upon the amount of the payment. If no such agreement can be reached, the developer shall construct the improvements. [Added 12-17-1980 by Ord. No. 1933]

§ 135-25. Removal of trees; compensatory planting.

Every effort should be made to avoid removal of trees having a caliper of six inches or greater from the property in the process of subdividing, land developing, grading or installing improvements. Where, in the judgment of the Board of Commissioners, such removal is unavoidable, the applicant shall install trees in such locations and of such size, variety and quantity as the Board of Commissioners shall direct.
Notwithstanding the six-inch-caliper limitation, no substantial area of smaller trees or shrub cover shall be removed without the provision of comparable replacement as approved by the Board of Commissioners. A plan and a statement of material to be removed and/or demolished shall be submitted for approval.
Wooded lots, as defined in § 155-167.6 of the Zoning Ordinance, must meet the requirements of Article XXVIIIB of Chapter 155. [Added 9-18-1985 by Ord. No. 2084]

§ 135-26. Applicable standards; modifications.

The construction specifications for all improvements shall be those contained in the Lower Merion standards and specifications for improvement construction.
Where literal compliance with the standards herein specified is impractical, the Board of Commissioners may modify or adjust the standards to permit reasonable utilization of property while at the same time securing substantial conformance with the objectives of this article.

§ 135-27. Streets.

Arrangements. Streets shall be arranged in conformity with the Official Highway Map, considered in relation to both existing and planned streets and located so as to allow proper subdivision or land development of surrounding properties. Tertiary arterial and through highways shall be connected with existing streets and highways so as to form continuations thereof. Minor streets shall be laid out so as to discourage their use as secondary streets or through highways.
Conformity with topography. Streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable grade, alignment and drainage.

Right-of-way and paving widths.

Streets. The minimum widths of the rights-of-way and the paving shall not be less than the following unless approved by the Board of Commissioners upon recommendations by the Planning Commission and Township Engineer. Plans submitted under the requirements of the Open Space Preservation District shall be permitted to modify the requirements for a minor street, provided that the right-of-way is not less than 34 feet and the paving width is not less than 18 feet. In all events, the right-of-way shall extend no less than eight feet beyond both edges of the paving. [Amended 12-19-1990 by Ord. No. 3222]

Type of Street	Minimum Right-of- Way Width (feet)	Minimum Paving Width (feet)
Minor	50	27
Tertiary arterial	60	27 to 38
Secondary arterial	60	38
Primary arterial	80	48

Culs-de-sac.

The minimum widths of the rights-of-way and the paving shall not be less than the following unless otherwise approved by the Board of Commissioners upon recommendation by the Planning Commission and Township Engineer. [Amended 12-19-1990 by Ord. No. 3222]

Number of Lots or Dwelling Units According to Plan	Minimum Right-of- Way Width (feet)	Minimum Paving Width (feet)
1 to 7 lots in R 2, R 1, R A and R AA Districts	50	20
1 to 7 lots in R 3 to R 7 Districts, inclusive	50	27
1 to 7 lots in commercial and manufacturing zoning districts	50	27*
More than 8 for all zoning districts	50	27*
Open space preservation developments	34	18
NOTES: *The Township Engineer may require additional width of paving in commercial and manufacturing districts in accordance with the American Association of State Highway Officials Standards.

The two corner lots at the intersection of a cul-de-sac with an existing street are to be considered in determining the width of paving for the cul-de-sac, whether or not they utilize the cul-de-sac for access.
In determining the number of dwelling units, both existing and proposed dwelling units are counted.

Grading. The shoulders shall be graded to the full width of the right-of-way and provision made for slopes beyond the right-of-way.

Termination of streets; turning area.
1. Streets. In the case of the temporary termination of a street, a temporary turnaround shall be constructed so that the paving shall have an outer radius of 25 feet and extend to within five feet of the property line.
2. The developer will be required to remove and adjust the turnaround paving when extending the new street construction.
3. Culs-de-sac.
  1. A cul-de-sac permanently terminated will not be approved when a through street is practicable. The developer shall have the burden of showing the impracticability of the through street in order to justify a cul-de-sac.
  2. A cul-de-sac permanently terminated exceeding 400 feet in length may be approved, provided that such extra width of paving as may be determined necessary by the Board of Commissioners is installed.
  3. A cul-de-sac permanently terminated shall have a circular turnaround with a minimum right-of-way radius of 50 feet and an outer paving radius of 40 feet.
Intersections.
1. Right-of-way. Wherever practicable, right-of-way lines shall intersect at right angles and shall be rounded by a tangential arc having a minimum radius of 10 feet.
2. Curbs. Wherever practicable, curblines shall be rounded by a tangential arc, the minimum radius of which shall be 25 feet. The grade lines of the curb at intersections shall intersect if the tangents are extended.
3. Secondary or primary arterials. Wherever practicable, the number of intersections with through highways shall be kept to a minimum and shall be located at least 1,000 feet apart.
4. Sight distance or limit of daylighting for intersections. Proper sight lines shall be maintained at intersections of streets. There shall be measured along the center line a minimum clear sight triangle of 75 feet from the point of intersection. No building or other obstruction will be permitted in this area. Any obstruction to sight shall be removed at the time the street is graded or at the time a building or structure is erected on the adjacent lot, whichever shall first occur.
Alignment.
1. Sight distance. A minimum sight distance of 250 feet for tertiary arterial or secondary arterial streets and 100 feet for minor streets, measured at the center line and at the driver's eye height of four feet, shall be provided.
2. Horizontal curves.
  1. Horizontal curves shall be used at all changes in alignment in excess of 2°.
  2. Long radius curves shall be used rather than a series of curves connected by short tangents.
  3. Minimum radius curves at the end of long tangents will not be approved.
  4. Minimum radii of the center line on horizontal curves shall be 232 feet on intercommunity service or secondary streets and 100 feet on local residential streets.
  5. Reverse curves shall be separated by tangents of 50 feet or more.
  6. Superelevation and additional width shall be used for curves of less than 600 feet radii on intercommunity service or secondary streets and of less than 300 feet radii on local residential streets.
3. Vertical curves shall be used at changes in grade of more than 1%. The length of the curve shall approximate 50 feet on intercommunity or secondary streets and 25 feet for local residential streets for each 1% of change in grade. Over summits or in sumps, vertical curves shall not produce excessive flatness in grade.
4. Street jogs with center line offsets of less than 125 feet are prohibited.
Grade.
1. Limits.
  1. The minimum grade shall be 1%.
  2. Grades in excess of 5% are to be avoided on all streets wherever practicable.
  3. The maximum grade shall be 10% for local residential streets and 7% for intercommunity service or secondary streets.
2. Street intersections. The grade within 50 feet of any side of an intersection or the outer perimeter of a turnaround shall not exceed 3%. The grade will be measured along the curb or flow lines of the street.
3. Curve-grade combinations. A combination of minimum radius horizontal curves and maximum grades will not be approved.
Street names and signs. The naming of streets shall conform to the requirements of Chapter 133, Article VI hereof. Names for all new streets must be shown on all plans. Street signs shall be placed at each street intersection. They shall be four-way signs of such material, size, height and location as specified by the Township Engineer and in conformity with the existing signs already established in the township. Street signs for existing and new streets shall be furnished and erected by the Lower Merion Department of Public Works at the developer's expense. [Amended 11-20-2002 by Ord. No. 3659]
Obstructions. No fence, hedge, shrubbery, wall, planting or other obstruction shall be located within the right-of-way. Sight at intersections shall not be obscured by such obstructions. Additional areas free of obstructions shall be provided for temporary turnarounds in case of temporary termination of streets exceeding 400 feet in length.
No subdivision or land development showing reserve strips controlling access to streets shall be approved. The control and disposal of land comprising such strips may be conveyed to the township under conditions approved by the Board of Commissioners.
Subdivisions or land developments that adjoin or include existing streets that do not conform to width as shown on the Official Highway Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision or land development is along one side, only 1/2 of the required extra width shall be dedicated.
Private residential and commercial driveways. [Amended 9-16-1981 by Ord. No. 1969; 1-19-1983 by Ord. No. 2015]
1. No more than five dwelling units may share a common driveway. Private driveways shall be so located, designed and constructed as to provide a sight distance designed according to American Association of State Highway Officials Standards at intersections with streets with a stopping space on the drive the length of a car, with a grade not in excess of 5% behind the right-of-way line. Excessive driveway grades that may create a hazard at either street or interior terminus will not be permitted. Where difficult problems of driveway curvature and grades in excess of 10% on residential driveways are likely to be present, the developer shall submit for approval details of driveway location and grade before lot lines and house location and grade are finally determined. Grades of new residential driveways shall not exceed 14%. Grades of new commercial driveways shall not exceed 7%. Crossover easements are required and must be noted on the plan and included in all affected deeds.
2. Private driveways which exceed 200 feet in length frequently present difficulties in and impediments to the delivery of municipal and emergency services and present difficulties in vehicular passage. Therefore, the Board of Commissioners may impose one or more of the following additional construction requirements to alleviate such difficulties and impediments as it determines necessary for proposed private driveways which exceed 200 feet in length:
  1. Driveways which exceed 200 feet in length shall be constructed to township road standards and shall have a minimum width of 10 feet.
  2. Pull-outs shall be installed at intervals of no more than 200 feet and shall have dimensions of nine feet by 19 feet.
  3. Driveways which exceed 400 feet in length shall be constructed with a turnaround using a Y or a T or a circular configuration with a twenty-five-foot radius at the terminus.
  4. Driveways which exceed 600 feet in length shall have private hydrants installed at such intervals as shall be mandated by the Fire Marshal for residential streets.
  5. If literal compliance with any of the foregoing requirements would be impractical, the Board of Commissioners may modify or adjust such requirements to permit reasonable utilization of property while at the same time securing substantial conformance with the objectives of this section.
No street may be created within a tract that would impose on an abutting property an increased set back requirement under the provisions of Chapter 155 of the Township Code. [Amended 10-15-2003 by Ord. No. 3691]

§ 135-28. Sidewalks and curbs.

Sidewalks shall be provided along heavily traveled streets and at any location where the Board of Commissioners shall determine that sidewalks are necessary for public safety or convenience. Sidewalks may be waived, at the discretion of the Board of Commissioners, within Open Space Preservation Developments where it can be demonstrated that the objectives of § 155-142 of the Open Space Preservation District Article will be furthered. All sidewalks shall be a minimum of four feet wide and four inches thick, except at driveway crossings, where they shall be seven inches thick. [Amended 12-19-1990 by Ord. No. 3222]
Location. Sidewalks shall be located in the shoulder strip of the right-of-way and as far from the curb as is practicable. The grade and paving of the sidewalk shall be continuous across driveways except in certain cases where heavy traffic volume dictates special treatment. The grade and alignment of all sidewalks shall be approved by the Township Engineer.
Crosswalks. Crosswalks not less than 10 feet wide and with paving not less than four feet wide may be required where necessary to provide access to schools, churches, parks and commercial areas, and the responsibility of maintaining such crosswalks shall be contained in the deeds of the abutting property owners.
Curbs shall be provided for all streets, except as approved otherwise by the Board of Commissioners, and shall be in accordance with the construction standards. Curbs may be waived at the discretion of the Board of Commissioners if the lots abutting the street have an average net area of 45,000 square feet and an average minimum frontage of 130 feet or where it can be demonstrated for Open Space Preservation District developments that the objectives of § 155-142 will be furthered. [Amended 12-19-1990 by Ord. No. 3222]

§ 135-29. Rights-of-way.

Public rights-of-way for the use of pedestrians and equestrians may be required where the right-of-way continues an existing trail or bridle path, where the right-of-way will connect with an existing right-of-way on an adjoining property or where the right-of-way will extend to another street or alley or to the boundary line of a property capable of further subdivision and there is no convenient alternate access route. Such rights-of-way shall normally be not more than 10 feet in width and, at the option of the developer, may be located adjacent to existing or proposed lot lines or in such manner as to minimize any obstruction to the development. Existing rights-of-way may be relocated reasonably if a connection with a right-of-way on an adjoining property is maintained.

§ 135-30. Shade trees.

Shade trees shall be installed on both sides of all streets subject to the approval of the Shade Tree Commission at a minimum spacing along each side of the street of 30 feet on center. The variety shall be approved by the Lower Merion Shade Tree Commission. The method of installation and location shall be installed at a minimum size of two-inch caliper at a minimum distance of six feet from the inside edge of the sidewalk or right-of-way line. Trees shall be guaranteed for two years, and dead trees shall be replaced in the next planting season. Wherever provisions of Chapter 128 of this Code impose restrictions more extensive than those of this chapter, the provisions of Chapter 128 of this Code shall govern.

§ 135-31. Planted buffer areas.

In the instance where the Board of Commissioners determines that buffer planting is necessary to protect the general welfare of the public, planted buffers shall be installed to provide a year-round visual screen of such width, height, size, locations, and planting materials as approved by the Board of Commissioners or the Land Development Committee pursuant to § 135-12 of this chapter. The size, variety and planting design of the buffer area shall be as approved by the Board of Commissioners or the Land Development Committee pursuant to § 135-12 of this chapter.

§ 135-32. Survey monuments. [Amended 4-18-2000 by Ord. No. 3566]

All subdivisions and land development shall be monumented as directed by the Township Engineer. Permanent survey monuments shall be of stone or concrete and located on the right-of-way lines at corners, at angle points and as otherwise required. Monuments shall be indicated on all plans. They shall be placed after a new street has been completed. The center line of all new streets shall be marked with spikes and referenced to permanent monuments or structures.

§ 135-33. Bench marks.

The township has established a system of 150 bench marks giving elevation throughout the area based on the United States Coast and Geodetic Sandy Hook Datum. Information as to location and elevations of these bench marks is available upon request made to the Lower Merion Department of Public Works. All contours and elevations shown on plans must be based on this system.

§ 135-34. Alleys.

Required locations. Alleys shall be provided in commercial districts as specified in Chapter 155, Zoning, to provide access to off-street parking and loading and unloading facilities. Alleys in residence districts will not be approved in the absence of special conditions requiring them.
Right-of-way width. The width of the right-of-way shall not be less than 20 feet, and the width of the paving shall be not less than 16 feet. Greater widths may be required if necessitated by the proposed use.
Intersection of right-of-way lines. Intersections of right-of-way lines shall be rounded by a tangential arc, the minimum radius of which shall be 25 feet, and the edge of the paving at intersections shall be rounded by a tangential arc, the minimum radius of which shall be 25 feet.
Turning area. An adequate turning area shall be provided at any end of an alley which is not an intersection with a street or another alley.
Obstructions. No fences, hedges, shrubbery, walls, planting or other obstructions shall be located within the right-of-way. Reasonable sight distance shall be provided at intersections with streets.

§ 135-35. Lots.

Depth, side lines and irregular configuration. [Amended 5-15-1985 by Ord. No. 2071; 10-15-2003 by Ord. 3691]
1. A lot may not be created whose depth is greater than 2.5 times its width.
2. A lot may not be created which is excessively irregular unless reasonably dictated by the topography of the land or other natural feature. An excessively irregular lot is one which is not four sided, or which has a boundary line the length of which is more than 2.5 times the width of the opposite or adjacent boundary line.
3. The side lines of a lot shall be at right angles or radial to the right-of-way lines.
4. Any portion of a lot not permitted to be included in the required lot area as provided in §155-128 of the Township Code shall be disregarded in determining compliance with the standards created by this subsection
Narrow lots may be created only when authorized by the Board of Commissioners as a conditional use under the provisions of § 155-128 of the Code of the Township of Lower Merion. [Amended 5-15-1985 by Ord. No. 2071; 2-18-1987 by Ord. No. 3034]
No lot shall be approved for a subdivision where the access crosses a floodplain district, unless approved by the Zoning Hearing Board, or where access could be gained only by violating the standards for driveways contained within this chapter or where the lot does not contain sufficient legal buildable area for the intended use.
All lots must conform to the zoning district requirements applicable to the parcel being subdivided.
Adjacent lots owned by the same person may be consolidated by recording a deed describing the lots as a single parcel, without subdivision plan approval, where the only change being made to a lot line is the elimination of one or more of them, subject to administrative review by the Building and Planning Department. This exemption from the approval procedures set forth in this chapter shall be subject to the following: [Added 1 -15-1997 by Ord. No. 3439; amended 1-19-2002 by Ord. No. 3630]
1. A statement must be placed in the deed acknowledging that it is a deed of consolidation intended to merge the lots and that any future independent use of the lots would require subdivision approval.
2. The application to register the deed shall constitute an application to amend the township's plan of properties to show the consolidation.
3. Prior to registering such deed, the Planning and Community Development Director shall notify the Zoning Officer of the consolidation.
4. Each deed submitted for registration and recording shall have attached thereto a plan prepared, signed and sealed by a registered surveyor showing the metes and bounds, gross and net (after deducting the rights-of-way of any public or private street) areas and error of closure of the consolidated lot. The error of closure shall not be greater than one part in 5,000.
5. Upon merger by deed, use or subdivision approval, adjacent lots shall lose their separate identity for all purposes relating to their development.

§ 135-36. Blocks.

Block length and width of acreage within boundary roads shall be such as to accommodate the size of lot required in the area by Chapter 155 of this Code to provide for convenient access, circulation control and safety of street traffic.
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Board of Commissioners.
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

§ 135-37. House numbers.

House numbers shall be assigned by the Lower Merion Department of Public Works, pursuant to Chapter 64 of this Code.

§ 135-38. Existing buildings.

The following regulations shall apply as they affect parcels upon which buildings exist at the time of the subdivision or land development:

The subdivision of a tract which creates nonconforming yards for existing buildings contrary to the requirements of Chapter 155 of this Code will not be approved. Nonconforming front yards may be approved if necessary to obtain proper street alignment.
Alterations and replacements will be permitted within the existing structure, but exterior extensions of the building must conform to the requirements of Chapter 155 of this Code.
In cases where the principal building use has not been as a dwelling, its conversion to a dwelling shall comply with all of the requirements of Chapters 62 and 155 of this Code.

§ 135-39. Grading.

Lots shall be laid out and graded to provide positive drainage away from buildings. Wherever practicable, water should be drained to the street rather than to cross lots contained within the proposed subdivision or land development. Additional water caused by subdivision or land development may not be drained directly onto an adjoining property without the express written consent of the adjoining property owner. Whenever any person, firm or corporation paves, fills, strips, grades or regrades any land or disturbs, modifies, blocks, diverts or affects the natural land or subsurface flow of stormwater or constructs, erects or installs any drainage dam, ditch, culvert, drainpipe or bridge on any premises in the Township of Lower Merion, plans must be submitted to and approved by the Township Engineer. The requirements of Chapter 121 of this Code must be met.

§ 135-40. Sanitary sewers.

All sanitary sewer systems and sewage and industrial waste treatment works shall comply with the rules and regulations established by the Department of Environmental Resources of the Commonwealth of Pennsylvania, as amended and revised.
Wherever practicable, sanitary sewers shall be installed and connected to the township sanitary sewer system. If outfall sewers are not available but are planned and have been shown in the ten-year growth area as set forth in the 537 Sewage Facilities Plan of the township, a system of sewers, together with all necessary laterals extending from the main sewer to the street right-of-way line, shall be installed and capped. The Board of Commissioners may waive the above requirements for lots of one acre or larger or in open space preservation developments if the following criteria can be met: [Amended 12-19-1990 by Ord. No. 3222; 2-19-1997 by Ord. No. 3442]
1. The requirements of § 135-40H are met.
2. Funding and administrative provisions assuring long-term operation and maintenance are provided.
3. Sewage disposal is accomplished through land treatment technologies capable of recharging groundwater aquifers.
If sanitary sewers are not to be installed initially, easements shall be provided on the preliminary, final and lot location plans and shall show the dedication of appropriate easements across private property for later construction and maintenance of sewers, except where such requirements are waived under Subsection B above. Any deed given for the transfer of a lot in a case where an easement for a sanitary sewer is provided on a recorded plan must contain a legal description of the easement and a provision that the owner is liable for the cost of the sewer when constructed. [Amended 12-19-1990 by Ord. No. 3222]
Sanitary sewer pipe shall be sized for full flow from the tract. Larger pipe size may be required to accommodate future extensions.
Minimum grades shall be 0.4% except at terminal runs, which shall be 1%.
Manholes shall be placed at every point where the sanitary sewer line changes direction in line or grade. In no instance shall the spacing exceed 400 feet. Manhole frames, covers, buckets and steps may be obtained from the township.
Materials. Lateral connections to each lot shown on the preliminary plan shall be installed to the right-of-way line of the street prior to road paving. Each building shall have a separate connection to the township sewer on the lot or in the abutting street, except that garages accessory to dwellings may be connected to the dwelling line.
On-site sewage disposal facilities. Whenever it is impracticable to connect with township sewers, on-site sewage disposal facilities may be permitted upon application and approval by the Sewage Enforcement Officer of the Township of Lower Merion and the Pennsylvania Department of Environmental Resources. Such facilities shall be so located as to permit easy and economical connection to the sewer system of the township when sewers are installed, except where this requirement is waived under Subsection B above. The type of private sewage disposal system to be installed shall be determined by the results of percolation tests, soil classification and depth of water table, which shall be determined according to the size of the lot. Proof of the adequacy of such facilities shall be furnished by a registered professional engineer or other qualified person. The reports of such tests shall be required at each disposal area, except for large tracts involving more than one disposal system, in which case the prescribed tests shall be made in the amount of one per acre or as designated by the Sewage Enforcement Officer and the Pennsylvania Department of Environmental Protection. [Amended 12-19-1990 by Ord. No. 3222]

§ 135-41. Storm drainage.

Stormwater management. Whenever an increase in volume and/or rate of runoff will occur as the result of subdivision or land development, the developer will be required to provide adequate stormwater management facilities in accordance with Chapter 121 of this Code and provide financial security for the completion of those facilities as set forth in this chapter. The design of all stormwater management facilities shall be in accordance with Chapter 121 of this Code and submitted to the Township Engineer for review and, when required, to the Pennsylvania Department of Environmental Protection or the United States Department of Agriculture, Soil Conservation Service. Where retention basins and/or other facilities are required, the responsibility for the continued maintenance and operation of the retention basins and/or other facilities shall be the obligation of the property owner or the Council, as applicable. Any deed given for the transfer of a lot where stormwater piping and/or a retention facility is provided on a recorded lot shall refer to such structures and facilities and provide that the maintenance and operation shall be the continued responsibility of the property owner or the Council, as applicable. A fence four feet in height with a self-closing gate surrounding the retention basin may be required as directed by the Lower Merion Director of Building and Planning.[Amended 6-15-1988 by Ord. No. 3098; 1-19-2002 by Ord. No. 3631]
Special drainage problems.
1. Unnatural drainage. Whenever construction stops or concentrates the natural flow of storm drainage in such a way as to affect adjoining properties, approval of the owners must be obtained in writing. Approval of plans by the township does not authorize drainage affecting adjoining properties.
2. Water originating from other than natural sources, such as swimming pools, air-conditioning units, sump pumps or other dry-weather flow, wherever practicable, shall be discharged into natural watercourses on the property or connected to the storm drainage system of the township. These facilities may not be used for toxic drainage.
Runoff computations. Computation of the rate of flow at any given location shall be based on the rational formula:
Q = CIA
Where:

Q = Volume in cubic feet per second.
C = Runoff factor.
I = Intensity of rainfall in inches per hour.
A = Watershed area in acres.

In setting the value of the runoff coefficient "C," consideration will be given to the physical features of the drainage basin and the best available data on the future density of development of the drainage basin. In no case shall it be less than 0.40 in a developed area.
The intensity of the storm shall be based on the following:
1. As a minimum, a ten-year storm shall be used at low points with a relief swale, or a twenty-five-year storm where carried in a pipe.
2. As a minimum, all inlet and culvert designs shall be based on a twenty-five-year storm.
3. As a minimum, a one-hundred-year storm will be used in connection with Chapter 121 of this Code. The Rainfall-Intensity-Duration-Frequency Curve for Philadelphia presented in Technical Paper No. 25, prepared by the United States Department of Commerce Weather Bureau, a copy of which is available for public inspection at the office of the Township Engineer, shall be used.
Standard headwalls shall be installed on all pipes and, additionally, trash bars shall be installed on all pipes equal to or greater than 24 inches diameter.
Pipeline design. Storm sewer pipelines shall be designed by either of the two methods described in Subsection F(1) and (2) below. Both shall be based on the Manning equation and shall utilize the friction factors:

n = 0.015 concrete pipe.
n = 0.021 corrugated metal pipe.
The minimum allowable pipe size is 15 inches.
1. Pipeline submerged.
  1. This method is based on the assumption that, when the storm sewer system is under maximum load, the hydraulic gradient will be at or above the crown of the pipe and that flow in the lines will be controlled by head differentials between structures or other locations where the system is open to the ground surface, such as inlets or outlets, manholes and stream inlets and outlets. The head of water above the crown of any pipe can range from zero feet to a point which will not cause surface flooding.
  2. The slope of the hydraulic gradient in any section of storm sewer between opening to the surface shall be calculated on the assumption that the pipe is flowing full at a constant velocity and at the required capacity.
  3. The elevation of the hydraulic gradient at any point in the pipe shall be no lower than the crown of the pipe and no higher than the surface of the ground.
  4. The elevation of the hydraulic gradient at any point where the system opens to the surface, such as an inlet or manhole, shall be three feet below the surface of the ground.
  5. At all structures such as manholes, inlets, etc., where the pipe size does not change, the elevation of the hydraulic gradient shall be dropped 0.2 feet to allow for losses therein. Where the inlet and outlet pipe sizes are not the same, the elevation of the hydraulic gradient shall be dropped an amount based on the following formula:
    H = 0.2 inches + 0.8 (D₂-D₁)
    Where:
    
    D₁ = The diameter of inlet pipe.
    D₂ = The diameter of outlet pipe.
    If D₁ is larger than D₂, head loss = 0.2 feet
  6. The minimum slope of any pipe shall be such that a minimum velocity of 2.5 feet per second shall be maintained when the pipe is flowing 1/4 full.
2. Pipeline flowing full.
  1. This method is based on the assumption that the hydraulic gradient will match the inside top of the pipe when the system is under maximum hydraulic load.
  2. For this method, head losses through manholes, inlets, etc., shall be ignored.
  3. The minimum slope of any pipe shall be such that a minimum velocity of 2.5 feet per second shall be maintained when the pipe is flowing 1/4 full. When the pipe sizes change, the inside tops of the pipes shall be matched.
Continuous profiles for each reach of pipe shall be plotted along with the location of the hydraulic gradient and the hydraulic information pertinent to each reach within the system. This information shall include the pipe size and type, the "n" factor, the slope of the hydraulic gradient, slope of the pipe, the design capacity and the velocity at the design capacity.
Inlets.
1. Single No. 1 open-mouth inlets shall be used on streets with grades of 4% or less. Double No. 1 open mouth inlets shall be used on streets of more than 4%.
2. Sufficient inlets shall be located and constructed so as to collect all of the stormwater flow in the drainage area tributary to the inlet.
3. The gutter of all inlets shall be set not less than two inches nor more than four inches below the gutter grade. The surface of the paving adjacent to the inlets shall be constructed to blend into the lowered gutter grade at the inlet in such a manner that sudden dropoff or dip at the inlet will not be created.
4. Where surface water is collected from two directions at one street corner, inlets shall be placed at, or near, the tangent points of both ends of the radius. The use of an inlet in the radius shall not be allowed.
Manholes shall be located at intervals of approximately 400 feet where pipe sizes of 24 inches or less are-used and 600 feet apart for larger sizes. Inlets should be substituted for manholes where they will serve a useful purpose. Manhole and inlet castings may be obtained from the Lower Merion Department of Public Works.

Open channel design.

Open channel design should be based on the following hydraulic considerations:

Mannings equation.
n = .015 for best concrete lined ditch.
n = .025 for best unlined ditch.
n = .03 to .15 for fair to poor natural streams and watercourses.

Velocity.

Excavation Material	Velocity (feet per second)
Fine saed and firm loam	2.50 to 3.5
Stiff clay and hardpan	3.75 to 6.0
Concrete lined ditch	15

Ample freeboard should be provided on all channels.
The channel should be designed to conform, wherever possible, to the adjacent ground conditions. This means that it should not be projecting excessively above the surrounding ground or placed excessively below the surrounding ground.
Continuous profiles for each reach of open channel shall be plotted along with the adjacent average ground and the hydraulic information pertinent to each reach within the system. This information shall include the type of channel lining, in the "n" factor, the width of the channel bottom, the side slopes, the water depth, the design capacity and the velocity at the design capacity.
Open channels shall have a maximum side slope of 3 to 1 and shall have adequate slope protection as required by Chapter 121 of this Code.

Bridges and culverts. Single-opening culverts are desirable. The design of culverts shall be such as to minimize the probability of debris accumulation. Bridges and culverts shall be designed to meet current Pennsylvania Department of Transportation standards to support expected loads and to carry expected flows. They shall be constructed for the full right-of-way.
The Pennsylvania Department of Environmental Protection Bureau of Water Quality Management, Division of Dams and Encroachments, requires a permit for construction or changes in a watercourse which drains an area of more than 1/2 square mile. No open watercourses shall be permitted within the right-of-way of any street.
Location. Wherever practicable, storm drains shall be located behind the curb and within the right-of-way of the street. They shall be protected by a cover of at least 18 inches. The plan shall note that the continued maintenance of storm drains outside the street right-of-way shall be the continued responsibility of the property owner.
Change in direction. Special storm drain sections of minimum radii of 10 to 15 feet shall be used where abrupt changes are made in alignment.
Stormwater roof drains. Stormwater roof drains and pipes immediately adjacent to a sidewalk shall not discharge water over a sidewalk but shall extend under the sidewalk to the gutter. Where accessible, the roof drain shall be connected with the storm drainage system of the township.
Underground wiring. All electric telephone, television and other communication service facilities, both main and service lines, shall be provided by means of underground cables, installed in accordance with the prevailing standards and practices of the utility and other companies providing such services.

§ 135-41.1. Water service and fire hydrants. [Added 2-18-1981 by Ord. No. 1941]

An adequate public water supply shall be provided by the developer for the proposed use and for fire control.
Fire hydrants shall be provided by the developer and installed subject to approval of locations by the township. Furthermore, in the event that a fire hydrant or hydrants are installed to service public or private streets in a subdivision or land development, the developer shall deposit funds or securities in escrow sufficient to cover the cost of the annual fire hydrant rental charge imposed by the water utility provider for a prospective period of 10 years of hydrant rental.

§ 135-41.2. Utilities. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777]

All new electric, telephone and communication service facilities, both main and service lines, shall be provided by underground cables, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services, except where it is demonstrated to the satisfaction of the Board of Commissioners that the underground installation herein required is not feasible because of the physical condition of the lands involved. All proposed underground cables which are within the right-of-way of a street shall be located as specified by the Board of Commissioners.

§ 135-41.3. Concept Development Plan. [Added 5-11-2005 by Ord. No. 3742; 9-21-2005 by Ord. No. 3753; 5-10-2006 by Ord. No. 3777]

Where an applicant seeks approval for the development of a portion of a tract with the intent that the remainder would be developed at a future date, the applicant shall submit with the initial application a concept development plan showing with specificity the portion of the tract intended for current development, and showing in concept form the manner in which the balance of the tract might be fully developed in conformance with Township regulations. The intent of such a submittal is to enable the Township to review the basic site design concept, to advise the applicant as to potential problems and concerns that full development of the site would entail, and to assure that the current development of the property properly anticipates the future development with respect to land use, traffic movement, parking, building placement, required infrastructure, and impact on abutting properties, when proper planning techniques are applied. The concept development plan must present a comprehensive overview of potential uses to which the property can be put in conformance with current Township codes. The failure to present such a plan, unless waived by the Board of Commissioners, shall constitute a separate and distinct basis for denying a subdivision and/or land development plan application.

§ 135-41.4. Greening Standards. [Added 6-19-2008 by Ord. No. 3855]

Development which is required to meet greening standards shall comply with the following regulations:

Land development plans must contain elevations and conceptual sketches demonstrating compliance with the greening standards set forth herein.
Each addition and new construction project shall comply with the greening standards in Table 1 and provide the greening elements set forth in Table 2. Editor's Note: Table 1 and Table 2 are included at the end of this chapter.

The greening elements in Table 2 may be clustered or evenly spread along a property's frontage, provided that a minimum of 50% of the requirement is met within each 100 linear feet of frontage.

The total number of points required in Table 1 for an application are determined by dividing the total frontage of the subject property by 25. This total is then multiplied by the amount column in Table 2. Editor's Note: Table 1 and Table 2 are included at the end of this chapter.
The following standards apply to the urban garden item in Table 2: Editor's Note: Table 2 is included at the end of this chapter.

A minimum of 60% of the garden area shall be landscaped with trees, vines, shrubs and seasonal flowers.
One fixed seating space is required for each 50 square feet of garden area. No additional points will be awarded for this item.
A trash container shall be provided in the garden area.

The following standards apply to the plaza, square and courtyard item in Table 2: Editor's Note: Table 2 is included at the end of this chapter.

The area shall be visible and accessible from a public walkway or sidewalk.
Thirty percent of the area shall be landscaped with trees, shrubs and mixed plantings with year-round interest. One tree is required for every 500 square feet.
Paving materials that may be used are limited to the following: unit pavers, paving stones or concrete. No more than 20% of the area may be concrete.
One seating space is required for each 50 square feet of plaza area.
No parking, loading or vehicular access is allowed other than for emergency vehicles.
Trash containers shall be provided throughout the area.
Shade shall be provided by trees, canopies, trellises, building walls or tables with umbrellas.
Whenever possible, the area shall be connected to outdoor cafes, restaurants or building entrances and located with maximum direct sunlight to a south or west direction.
The applicant must submit a maintenance plan describing how improvements will be managed and maintained. The responsibility for maintenance shall rest with the owner of the property or the condominium association.
Where existing conditions of the lot are such that meeting the requirements of this section would be prohibitive, the applicant shall demonstrate that such conditions prohibit compliance. An alternative plan shall be submitted subject to approval by the Board of Commissioners.

ARTICLE VI
Condominiums
[Amended 3-19-1980 by Ord. No. 1897; 9-18-1985 by Ord. No. 2085]

§ 135-42. General. [Amended 1-19-2002 by Ord. No. 3630]

In addition to all other requirements set forth in this chapter, and not in conflict with the requirements of this article or the Pennsylvania Uniform Condominium Act,EN a declaration of condominium and plats and plans for any proposed condominium, whether to be created by new construction or by conversion of existing structures, shall be reviewed by the Lower Merion Township Building and Planning Department, in accordance with the requirements set forth in this article, prior to submission of any such documents for recording to the Recorder of Deeds of Montgomery County. It is the purpose of this article to ensure that all condominiums comply with the provisions of the Lower Merion Township Code relating to subdivision and land development. While recognizing that under the Pennsylvania Uniform Condominium Act the creation of a condominium does not, in and of itself, constitute a subdivision or land development, the Township of Lower Merion also recognizes that the creation of a condominium may be a subdivision or land development. By requiring submission of condominium declarations and plats and plans, the Township of Lower Merion will ensure compliance with its subdivision and land development regulations.

§ 135-43. Declaration.

Submission. Three copies of the declaration shall be submitted to the township, accompanied by an application for consideration.
The Planning Department will review the declaration to determine whether the condominium constitutes a subdivision or land development. After the declaration has been reviewed, the applicant will be informed in writing of the Department's opinion.

§ 135-44. Plats and plans. [Amended 1-19-2002 by Ord. No. 3630]

Submission. Three copies of the plats and plans, on Mylar, 24 inches by 36 inches, as specified by the Recorder of Deeds of Montgomery County, shall be submitted to the Township Building and Planning Department with six paper prints, accompanied by the application for consideration.
The Building and Planning Department will review the plats and plans to determine whether the condominium constitutes a subdivision or land development, in which case the applicant will be advised to submit an application for approval of the Board of Commissioners and to follow the procedure outlined in Article III above. If it is determined that the condominium does not constitute a subdivision or land development, the applicant will be so informed in writing and the submission shall be forwarded to the Montgomery County Planning Commission, with three paper copies thereof returned to the Township after its approval.

§ 135-45. (Reserved)

§ 135-46. (Reserved)

ARTICLE VII
Mobile Home Parks

§ 135-47. Governing provisions.

Subdivision or land development for purposes of mobile home parks shall be governed by and performed pursuant to all requirements of this chapter.

ARTICLE VIII
Conditions for Acceptance of Public Improvements

§ 135-48. Sanitary sewers.

Dedication. Upon completion of construction of a sanitary sewer in accordance with the approved plans and sanitary drainage specifications and as approved by the Township Engineer, a deed of dedication for the sewer, prepared by the Township Solicitor, shall be submitted to the Sewer Committee, together with a certificate from the contractor, evidencing payment for all labor and material cost and a receipt for inspection charges.
Acceptance. Adoption by the Board of Commissioners of a resolution accepting the deed and directing that it be recorded will constitute acceptance of the sewer by the township.

§ 135-49. Streets and other improvements.

Conditions. The township shall have no obligation to take over and make public any street or other improvement unless:
1. The required improvements, utility mains and laterals and monuments shown on an approved plan or plans have been constructed and conform to township standards and specifications.
2. A petition signed by the owners of at least 51% of the frontage of the street in question requesting that the street and other improvements be taken over and made public is filed with the Township Secretary.
3. It is established to the satisfaction of the Board of Commissioners that there is a need for the improvements to be taken over and made public.
4. The developer shall guarantee for a period of two years from the date of the ordinance or resolution accepting dedication to maintain the stability of all materials and work and to promptly make good and replace all poor or inferior materials and work and to remedy all defects in materials or workmanship, all shrinkage, settlement or other faults of any kind whatsoever arising therefrom, at his own expense, and to the satisfaction of the Township Engineer, when notified in writing to do so by the Township Engineer; and, in order to secure the guaranty in the form of a bond, with surety satisfactory to the township, or the deposit of funds or securities in escrow in an amount equal to 5% of the completion guaranty posted by the owner with the township.
Acceptance. The township shall have no responsibility with respect to any street or other improvement, notwithstanding the use of the same by the public unless the street or other improvement is accepted by ordinance or resolution of the Board of Commissioners.

ARTICLE IX
Fees

§ 135-50. Fees and costs.

The developer shall pay fees and costs to the township as set forth in the Township Schedule of Fees, as adopted and amended from time to time by the Board of Commissioners, for the following:

Filing of plans.
1. Tentative sketch.
2. Preliminary plan.
  1. Residential developments.
  2. Commercial or manufacturing developments.
3. Improvement construction permit.
  1. For new streets, when an application for an improvement construction plan is filed for each street or portion thereof.
  2. Land development permit, for improvements required by the township in excess of $1,000.
4. Final subdivision, land development or lot line change plan, where separate Board of Commissioners' approval of a final plan is required or requested after earlier Board approval of a preliminary plan.
5. Condominium documents (set to include a declaration and plats and plans). [Amended 9-18-1985 by Ord. No. 2085]
Inspection and test fees.
1. Inspections.
2. Material tests.
Land subdivision fees.
1. Preparation of land subdivision agreements.
2. Recording of land subdivision agreements.
Permits.
1. Storm drains and watercourses.
2. Street openings, sidewalks and curb cuts.
Processing of escrow agreements and bonds.
Township Engineer's plan review. The applicant will be required to deposit with the township sums to be held in escrow until released for the payment of the Township Engineer's fees and costs to review plans submitted pursuant to this chapter. [Added 12-19-1990 by Ord. No. 3221]
Professional consultants fees. The applicant will be required to deposit with the township sums to be held in escrow until released for the payment of the township's consultants fees, including the fees of the Township Solicitor, land planners, traffic consultants, landscape architects and all other professional consultants whose services are engaged with respect to reviewing plans, resolving issues and preparation of documents in conjunction with an application. Moneys escrowed for this purpose may be combined with sums escrowed for the payment of the Township Engineer's fees and costs. [Added 7-15-1992 by Ord. No. 3288]
If the funds available for the payment of those fees and costs required by this article are or become inadequate to pay those fees and costs anticipated or incurred, the township will send notice to the applicant to make an additional deposit. Until that deposit is made, permits for any work on the project may be withheld. If the deposit is not made within 20 days of the request therefor, any permits issued for work on the site may be suspended and site improvement escrow releases may be withheld. Any funds held in escrow on behalf of site improvements may be applied to the payment of costs and fees incurred or anticipated, at the discretion of the Director of Planning and Community Development. [Added 9-14-1993 by Ord. No. 3334]

§ 135-50.1 Dedication of Land for Recreation; Fees in Lieu [Added 9-13-2006 by Ord. No. 3787]

In order to meet the recreational needs of future inhabitants of developments and subdivisions in the Township, the applicant or developer of any residential subdivision or land development comprising more than three building lots or residential units shall, as a condition of final plan approval, dedicate to the Township, or to a homeowners association comprised of the owners of the lots set forth on the plan, as the Township shall determine, fifteen percent of the tract area as a recreational area . In lieu of such dedication, and upon agreement with the Township, the applicant or developer may construct recreational facilities, pay to the Township a fee in an amount set forth in Chapter A167 hereof, privately reserve land, or a combination of the above, for park or recreation purposes, subject to the following:

The land or fees, or combination thereof, are to be used only for the purpose of providing park or recreational facilities accessible to the development.
The land to be used for park and recreational facilities shall be in accordance with the principles and standards contained in Township’s Recreation Plan and/or Open Space Plan and meet the following criteria.
1. The land shall be well-drained.
2. The average slope of the land shall be less than 6%.
3. Not require the filling of a wetland for use.
4. If an existing park or trail is contiguous, the land dedicated shall connect to the existing park or trail.
5. Shall have appropriate and adequate access for maintenance purposes and for use by pedestrians
6. Whenever possible, placed along the outer boundaries of properties to allow for future dedication of open space on adjacent land.
A fee authorized under this subsection shall, upon its receipt by the Township, be deposited in an interest-bearing account, clearly identifying the specific recreation facilities for which the fee was received. Interest earned on such accounts shall become funds of that account. Funds from such accounts shall be expended only in properly allocable portions of the cost incurred to construct the specific recreation facilities for which the funds were collected.
Upon request of any person who paid any fee under this subsection, the Township shall refund such fee, plus interest accumulated thereon from the date of payment, if the Township has failed to utilize the fee paid for the purposes set forth in this section within three years from the date such fee was paid.
Fees due hereunder are payable at the time of application for a building permit for the residential unit(s).

ARTICLE X
Penalties and Remedies

§ 135-51. Violations and penalties.

Any person or partnership or corporation who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon or who sells, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development, whether by reference to or by other use of a plat of such subdivision or land development or erect any building thereon, unless and until a final plat has been prepared in full compliance with the provisions of this chapter and of the regulations adopted hereunder and has been recorded as provided herein, shall be guilty of a misdemeanor, and, upon conviction thereof, such person or the members of such partnership or the officers of such corporation, or the agent of any of them, responsible for such violation pay a fine not exceeding $1,000 per lot or parcel or per dwelling within each lot or parcel. All fines collected for such violations shall be paid over to the township. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
Any person, partnership or corporation who or which violates any provision of this chapter not referred to in Subsection A above shall be subject to a fine or penalty not exceeding $300, to be collected as like fines or penalties are collectible.

§ 135-52. Remedies.

In addition to the fines or penalties under § 135-51, the Board of Commissioners may enforce the requirements or conditions imposed upon any subdivision or land development by injunctive proceeding. Any such requirements or conditions shall be binding on the developer and his successors and assigns, including a tenant or mortgagee acquiring an interest in a portion of or all of the subdivision or land development before or after the imposition of the requirements or conditions.

ARTICLE XI
Impact Fees
[Added 3-17-2004 by Ord. No. 3703]

§135-53. Purpose.

The purpose of this Article is to establish an Impact Fee Program to ensure that the transportation system is available and adequate to support new growth and development. To advance this objective, there is hereby created an impact fee payable to the Township at the time of building permit issuance.

§135-54. General Findings and Conditions.

The Board of Commissioners hereby finds and declares that:

The conditions and standards for the determination and imposition of the impact fee set forth herein are those set forth in Act 209 of 1990, and any and all amendments thereto (hereinafter the “Act”), and consist of:
1. The recitals set forth above;
2. The analysis, advice and recommendations of the Transportation Services Advisory Committee;
3. The Land Use Assumptions as adopted by the Board of Commissioners;
4. The Roadway Sufficiency Analysis as adopted by the Board of Commissioners;
5. The Transportation Capital Improvements Plan, as adopted by the Board of Commissioners; and
6. Such other conditions and standards as the Board of Commissioners may by Resolution identify from time to time as being relevant and material to the imposition of an impact fee and consistent with the provisions of the Act and any amendments thereto.
The collection, disbursement and accounting of impact fees shall be administered by the office of the Township Manager, subject to review, oversight and control by the Township Board of Commissioners.
The time, method and procedure for payment of impact fees shall be as set forth in this Article.
The procedure for credits against or refunds of impact fees shall be as set forth in this Article.
Such exemptions as the Board of Commissioners shall choose to enact shall be as set forth in this Article.

§135-55. Definitions.

The terms and definitions set forth in Section 502-A of the Act are hereby adopted and incorporated in this Article by reference.

§135-56. Imposition.

There is hereby enacted an impact fee to be imposed upon new development for the purpose of off-site public transportation capital improvements authorized by the Act and as described in the Program adopted by the Board of Commissioners. Said impact fee shall apply to all new developments or subdivisions within each of the transportation service areas identified herein and shall be a condition precedent to final approval of a development or a subdivision plan or issuance of a building permit.

§135-57. Uses.

Impact fees collected pursuant to this Article shall be expended for costs incurred for improvements attributable to new development and designated in the Transportation Capital Improvements Plan adopted by the Board of Commissioners for improvements within each of the transportation service areas in which the new development will be located. Additionally, such fees may be used for the acquisition of land and right-of-way, engineering, legal and planning costs, and all other costs, including debt service related to road improvements within the designated service area, and including such proportionate amount of the Roadway Sufficiency Analysis as is allowed under the provisions of the Act.

§135-58. Documents Adopted by the Board of Commissioners.

The following documents, previously adopted by the Board of Commissioners, are hereby incorporated by reference in this Article:

Recommendations of the Transportation Services Advisory Committee, identified as follows: Lower Merion Township Act 209 Transportation Impact Fee Study.
Land Use Assumptions as adopted by Township Resolution.
Roadway Sufficiency Analysis as adopted by Township Resolution.
The Transportation Capital Improvements Plan as adopted by Township Resolution.
The Impact Fee Schedule as established by Township Resolution.
Transportation districts as set forth on the Transportation Service Area Map incorporated herein by reference.

§135-59. Special Traffic Studies.

Where intended to assist in determining the appropriate amount of traffic impact fees, the Township may require the preparation of special transportation studies to determine the traffic generation or circulation patterns in new developments; provided, however, that no studies may be required where the proposed development will not require a deviation from the land use assumptions used to create the Program.

Any such studies required by the Township shall be submitted prior to the imposition of the impact fee and shall be considered in the determination of the fee.

§135-60. Applicability.

This Article shall be uniformly applicable to all development that occurs within a designated development subarea.

§135-61. Payment of fee required prior to issuance of building permit.

No building permit shall be issued for a development in a designated transportation district subarea, as herein defined, unless the applicant therefor has paid the “impact fee” imposed by and calculated pursuant to this Article.

§135-62. Exemptions. RESERVED

§135-63. Calculation.

The impact fee for transportation capital improvements shall be based upon the total costs of the road improvements included in the Transportation Capital Improvements Plan within a given transportation service area attributable to and necessitated by new development within the service area as defined, divided by the number of anticipated peak-hour trips generated by all new development consistent with the adopted Land Use Assumptions and calculated in accordance with the Trip Generation Manual published by the Institute of Transportation Engineers, sixth or subsequent editions, which is hereby adopted by the Township, to equal a per trip cost for transportation improvements within the service area.
The specific impact fee for a specific new development or subdivision within the service area for road improvements shall be determined as of the date of preliminary land development or subdivision approval by multiplying the per trip cost established for the service area as determined in Section 135-64 hereof by the estimated number of trips to be generated by the new development or subdivision using generally accepted traffic engineering standards.
The Board of Commissioners may authorize or require the preparation of a special transportation study in order to determine traffic generation or circulation for a new development to assist in the determination of the amount of the transportation fee for such development or subdivision.

§135.64. Establishment of Transportation Service Areas.

Transportation service areas as established herein are shown on the “Transportation Service Area Map” to be maintained by the Building and Planning Department and described as follows: The Rock Hill Road Transportation Service Area is hereby established, to include the following properties: All properties fronting on Rock Hill Road from Conshohocken State Road to Belmont Avenue; all properties fronting on Belmont Avenue from Rock Hill Road to the Schuylkill Expressway; all properties fronting on Old Belmont Avenue from Belmont Avenue to Jefferson Street.
Additional transportation district areas or subareas or combinations of transportation district subareas may be designated by the Board of Commissioners from time to time consistent with the procedure set forth in this Article and in consideration of the following factors:

The Comprehensive Plan;
Any standards for adequate public facilities incorporated in the Program;
The projected build-out and timing of development areas;
The need for and cost of unprogrammed transportation improvements necessary to support projected development; and
Such other factors as the Board of Commissioners may deem relevant.

Fees collected from development in each of the transportation district subareas will be used exclusively to fund transportation improvement projects scheduled for that district.

§135-65. Nonbinding estimate.

Prior to making an application for a building permit, an applicant may request a non-binding impact fee estimate from the Township, which shall be based upon the maximum development potential of the site pursuant to existing zoning regulations, unless the applicant specified a lesser use of development.

§135-66. Administration of Impact Fee.

Collection of Impact Fee. Impact fees due pursuant to this Article shall be collected by the Township in the manner or manners prescribed herein prior to the issuance of a building permit.
Establishment of Fund. Upon receipt of impact fees, the Township Manager shall be responsible for the separate and proper accounting of such fees. All such fees shall be deposited in interest-bearing accounts in a bank authorized to receive deposits of the Township funds. Interest earned by each account shall be credited to that account and shall be used solely for the purpose specified for funds of such account.
Establishment and Maintenance of Accounts. The Township Manager shall establish appropriate trust fund accounts and shall maintain records whereby impact fees collected can be segregated for each transportation district subarea.
Maintenance of Records. The Township Manager shall maintain and keep adequate financial records for each such account which shall show the source and disbursement of all revenues, which shall account for all monies received, and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of projects specified in the Program for the particular transportation district subarea.

§135-67. Method of Payment.

Payment of the transportation capital improvements impact fee shall be made by the traffic generator prior to the issuance of a building permit by the Township to the traffic generator for development on the applicable site.

§135-68. Credit.

Any applicant who shall perform, at his own expense and with the consent and agreement of the Board of Commissioners, off-site improvements, as herein defined, shall be eligible for a credit from the impact fee otherwise due in the amount of the actual cost of such off-site improvements as approved by the Township Engineer. Such credit shall not exceed the amount of the impact fee.

If the applicant wishes to make such improvements, he must enter into an agreement with the Board of Commissioners, prior to the issuance of any building permit. The agreement must establish the estimated cost of the improvement, the schedule for initiation and completion of the improvement, a requirement that the improvement be completed to Township and Pennsylvania Department of Transportation standards and design criteria and such other terms and conditions as deemed necessary by the Board of Commissioners. The Board of Commissioners must review the improvement plan, verify costs and time schedules, determine if the improvement is an eligible improvement and determine the amount of the applicable credit for such improvement to be applied to the otherwise applicable impact fee prior to issuance of any building permit. In no event shall the Board of Commissioners provide a credit which is greater than the applicable impact fee. If, however, the amount of the credit is calculated to be greater than the amount of the impact fee due, the applicant may use such excess credit toward the impact fees imposed on other building permits for development on the same site and in the same ownership.
An applicant shall be entitled as a credit against impact fees an amount equal to the fair market value of land dedicated by the applicant and accepted by the Township for future right-of-way, realignment or widening of existing roadways.
An applicant shall be entitled as a credit against impact fees an amount equal to the value of any road improvement construction which is contained in the Transportation Capital Improvements Plan and which was performed at the applicant’s expense.

§135-69. Refunds.

Impact fees collected pursuant to this Article shall be refunded, together with interest earned thereon, to the Payor of the fees under the following circumstances:

In the event the Township completes or terminates the capital improvements plan and there remain undisbursed funds, the respective payors shall be entitled to a share of the fund balance in the same proportion as the payor’s impact fee payment plus interest earned bears to the total impact fees collected plus interest.
In the event any specific road improvement project is completed at a cost to the Township less than 95 percent of the budgeted cost of the road project, the Township shall refund an amount equal to the excess budgeted cost over actual cost to the payors, pro rata, plus accumulated interest.
In the event the Township fails to commence construction within three years of the scheduled construction date of the project as set forth in the Transportation Capital Improvements Plan, the Township shall refund the portion of the fee paid by any payor making written request therefor which is attributable to said project, with accumulated interest, provided no refund shall be paid with respect to any project actually begun prior to the receipt of such refund request.
In the event the development for which impact fees were paid has not commenced prior to the expiration of the building permit issues therefor, the impact fees paid with accumulated interest shall be refunded to the payor. Further, if a building permit after issuance is altered in such a way as to reduce the indicated impact fee, the difference between the amount indicated and the amount actually paid shall be refunded. The payor, at his option may roll over the impact fees attributable to an expired building permit to cover fees incurred by a renewal of said expired permit.

With respect to refunds arising out of subparagraphs (A) or (B) hereof, any funds unclaimed within one year after notice as required by law shall be transferred to the general account of the Township, and the payor’s entitlement to said refund shall lapse. It is the responsibility of the payor to provide the Township with the current address of his place of business.

§135-70. Effect of Impact Fee on Zoning and Subdivision Regulations.

This Article shall not affect, in any manner, the permissible use of property, density of development, previously adopted design and improvements standards and requirements or any other aspect of the development of land or provision of public improvements which remain subject to applicable zoning, subdivision and regulations of the Township, which shall be operative and remain in full force and effect without limitation with respect to all such development.

§135-71. Impact Fee as Additional and Supplemental Requirement.

The impact fee is additional and supplemental to, and not in substitution of, any other requirements imposed by the Township on the development of land or the issuance of building permits. Nothing herein contained shall be deemed to alter or affect the township’s existing ordinances and regulations regarding on-site improvements. In no event shall a property owner be obligated to pay for transportation capital improvements in an amount in excess of the amount calculated pursuant to this Article; provided, however, that a property owner may be required to pay, pursuant to Township ordinances, regulations or policies, for other public facilities in addition to the impact fee for transportation improvements as provided herein.

§135-72. Liberal Construction.

The provisions of this Article shall be liberally construed to effectively carry out its purposes which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience.

§135-73. Retroactive Application.

Impact fees may be imposed on those projects involving development, subdivision and PRD’s for which an application has been filed on or after the first publication of notice of the Township’s intent to adopt this Article; provided, however, that such retroactivity does not exceed 18 months after the adoption of the Resolution that created the advisory committee in connection herewith.
In retroactive applications, the per-trip fee may not exceed One Thousand Dollars ($1,000) or the actual calculated fee, whichever is less.

§135-74. Establishment of Per Trip Cost.

The per trip cost for Transportation Service Areas shall be as follows:

Rock Hill Road Transportation Service Area: $3,149.26 per afternoon peak hour trip.

Chapter 135 SUBDIVISION AND LAND DEVELOPMENT

TABLE OF CONTENTS

ARTICLE I Legislative Intent; Words Defined

ARTICLE II General Requirements

ARTICLE III Plan Processing Procedures

ARTICLE IV Plan Requirements

ARTICLE V General Standards

ARTICLE VI Condominiums [Amended 3-19-1980 by Ord. No. 1897; 9-18-1985 by Ord. No. 2085]

ARTICLE VII Mobile Home Parks

ARTICLE VIII Conditions for Acceptance of Public Improvements

ARTICLE IX Fees

ARTICLE X Penalties and Remedies

ARTICLE XI Impact Fees [Added 3-17-2004 by Ord. No. 3703]