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DRAFT 3-4-08

AN ORDINANCE

NO. ___________

AN ORDINANCE To Amend The Zoning Code Of The Township Of Lower Merion, Chapter 155, To Require A Minimum Lot Area For Each Dwelling Unit For Residential And Apartment Development In The Ardmore Special Development District – 2 Pursuant To The Provisions Of The Must – Mixed Use Special Transit District.

The Board of Commissioners of the Township of Lower Merion hereby ordains:

Section 1. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Article XVIIA, Ardmore Special Development District, 155-87.3, Permitted Uses And Numerical Limitations, subsection E (14), shall be amended By Adding Lot Area Requirements For Each Dwelling Unit As Follows:

§ 155-87.3. Permitted uses and numeric limitations.

  1. The following uses are permitted in the Ardmore Special Development District – 2, subject to securing a use permit. None of these permitted uses shall be construed to include or to permit any manufacturing or retail use.
  2. ********

    1. A residential townhouse or apartment development located in the ASDD–2 zoning district may be developed in accordance with the provisions of Article XVIIB, Mixed Use Special Transit District, provided a minimum lot area of 2,000 square feet per dwelling unit is provided, and a minimum of 30% of the dwelling units are affordable to moderate-income households and provided that such units shall be so maintained by a covenant running with the land. Price and income guidelines for moderate-income households shall be as defined by the federal Department of Housing and Urban Development and based on regional median income figures applicable in Lower Merion Township. Developers and subsequent purchasers shall provide documentation showing compliance with these family income and rental/purchase price limits. The amount of the density increase shall be noted on the plan and recorded in the deed.

Section 2. Nothing in this Ordinance or in Chapter 155 of the Code of the Township of Lower Merion, as hereby amended, shall be construed to affect any suit or proceedings in any Court, any rights acquired or liability incurred, any permit issued, or any cause or causes of action existing under the said Chapter 155 prior to the adoption of this amendment.

Section 3. The provisions of this Ordinance are severable, and if any section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such decision of this court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the intent of the Board that this ordinance would have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein.

Section 4. This Ordinance shall take effect and be in force from and after its approval as required by law.