Township of Lower Merion, PA Plan Filing, Processing and Review

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.

A tentative sketch plan shall be submitted in accordance with the requirements of § 135-3.4, sketch plan review procedure, and § 135-3.5, sketch plan requirements.

Preliminary plans.

One of the following plans, as appropriate, shall be filed with the application:

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. The conservation plan is required for parcels of land of five acres or more.

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 § 135-4.4H hereof).

Preliminary land development plan. The preliminary land development plan is to be filed whenever land development approval is sought. The conservation plan is required.

A preliminary plan is required to be filed for all proposals for subdivision and/or land development in accordance with the requirements of §§ 135-3.6 and 135-3.7, preliminary plan requirements, and § 135-3.4, preliminary plan review procedure.

Final plans.

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 Montgomery County Recorder of Deeds office.

A final plan is required to be filed for all proposals for subdivision and/or land development in accordance with the requirements of §§ 135-3.9, final plan requirements, and 135-3.10, final plan review procedure.

Minor plans.

Minor plans may be filed and processed only for second stage plans or amendment plans as characterized herein, in accordance with the standards and requirements of § 135-3.8.

Applications which qualify as minor plans may be submitted for concurrent final plan processing and approval, in accordance with the standards and requirements of § 135-3.8, minor plan submission requirements and review procedure.

Land development waiver plan. Where, owing to special conditions, the requirements to gain approval of a land development would result in unnecessary hardship or where this requirement does not serve the purpose for which it was designed, the Board of Commissioners may waive this requirement upon a finding that it will not be contrary to the public interest. A waiver plan can be granted.

Plan requirements are outlined in Table 3.1.[1]

Editor's Note: Table 3.1 is included as an attachment to this chapter.

A plan shall be submitted and approved by the Board of Commissioners. A copy of the plan with conditions shall be kept on file with the Building and Planning Department.

Condominimum declaration plan. 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, 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 Township of Lower Merion 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 Montgomery County Recorder of Deeds. It is the purpose of this article to ensure that all condominimums comply with the provisions of the Township of Lower Merion 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.

Campus plan. (Reserved)

§ 135-3.3 Formal application and acceptance for filing.

Initial applications.

All formal applications for approval of a preliminary subdivision or land development plan or tentative sketch plan required by § 135-3.2A above shall be made by the developer filing an application form, to be supplied by the Building and Planning Department, with the Director of Building and Planning. The application shall be accompanied by all required plans and documents and all required filing fees. Copies of all plans and documents shall also be submitted in a digital format suitable to the Township.

The Director of Building and Planning shall have seven business days from the date of submission of an application to check the plans and documents to determine if, on its face, the full application is in proper form and contains 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 Building and Planning under this section to the Board of Commissioners.

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.

The Director of Building and Planning shall have seven business 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, they 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, they 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.

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 Board of Commissioners, Township Planning Commission, the Township Engineer, the Montgomery County Planning Commission, an applicable adjacent municipality, the Lower Merion School District. The Historical Architectural Review Board, Historical Commission, Shade Tree Commission, and/or the Environmental Advisory Council will be involved in the process in accordance with the limits of their individual code chapters.

§ 135-3.4 Tentative sketch and preliminary plan review process.

Submission and review by Township staff.

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, Chapter 88, Historic Districts, Chapter 101, Natural Features Conservation, the Township planning objectives and accepted planning standards. They shall prepare a written report stating their findings and recommendations.

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. They shall prepare a written report stating their findings and recommendations.

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 its comments to the applicant.

The preliminary subdivision or land development 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:

That one or more conditions existent at the time of tentative sketch plan approval have changed.

That such change of circumstances was beyond the applicant's control and has prevented submission of the preliminary plan within the twelve-month period.

That such circumstances have been overcome or will be overcome in the foreseeable future.

Submission of plan revisions. When any modifications to the plans are requested by the Director of Building and Planning, the Land Development Committee and/or the Township Engineer, a full set of 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. Changes shall be highlighted on the plans.

Notice; closing of record.

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.

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.

Submission of additional copies of plans. Prior to the date set forth in Subsection C(2) above, the applicant shall submit such additional copies of the plans, together with all appropriate documentation, so that the Township shall have full sets of plans and all appropriate documentation in electronic and paper format as required by the Building and Planning Department.

Second stage plans required by the Planning Commission in accordance with Subsection E(2) herein shall also adhere to the procedures set forth in Subsection C(1), (2) and (3) of this section.

Advisory board review. The Historical Commission or the Board of Historical Architectural Review, pursuant to Chapter 88, shall review the plans and shall submit their recommendations to the Board of Commissioners where the property is located in an Historic Resource Overlay District and/or a local historic district. The Environmental Advisory Council, pursuant to Chapter 13, and the Shade Tree Commission, pursuant to Chapter 128, shall submit their comments to the Planning Commission, where applicable.

Planning Commission review.

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 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 time 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. In the case of a recommendation for disapproval, the Planning Commission's recommendation shall cite the specific requirements of the Township Code which have not been met.

Building, sidewalk, path, walkway, 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 second stage plan showing building and driveway locations. Such a plan must be submitted and approved before application for a building permit.

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 Board of Commissioners will require this information before recommending approval of the preliminary plan. The failure to present such information, unless waived by the Board of Commissioners, shall constitute a separate and distinct basis for denying a subdivision and/or land development plan application, except as provided for in Subsection E(2) above.

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 § 135-3.3 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.

Procedure following the Board of Commissioner's decision. The decision of the Board of Commissioners shall be in writing and shall be communicated to the applicant personally or mailed to the applicant's representative at the 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. One of the following procedures will be followed, depending on the type of decision:

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 § 135-3.2A. Board action shall take place in accordance with time limitations set forth in § 135-3.4F. 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.

Denial. If the Board of Commissioners shall disapprove the plan, the reasons therefor will be set forth in writing. The applicant may resubmit the plan for approval, in which case they 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.

Approval. If there are no conditions of approval, the preliminary plan may be submitted as the final plan.

Approval subject to conditions. If the Board of Commissioners approves a plan, conditioned upon the performance of any act or the obtaining of any other approval or permit by the applicant, the applicant shall be given the opportunity to accept or reject the conditions within 10 days of receipt of the formal approval letter listing the conditions. The approval of the plan shall be rescinded automatically without action of the Board of Commissioners, at the end of the 10 days from the date at which the conditional approval was received by the applicant, upon either the applicant's failure to execute the written acceptance or upon rejection of such conditions by the applicant; in either case, the application shall be deemed to be denied. Written notice will be provided to the applicant in the following manner:

Specify the conditions of approval and request the applicant's written agreement to the conditions.

State that the plan approval shall be rescinded automatically upon the applicant's failure to accept or reject the conditions within 30 days following the decision by the Board of Commissioners to grant conditional approval.

Effect of approval.

Approval shall confer upon the applicant the following rights for a five-year period from the date of such approval:

The general terms and conditions under which the approval was granted will not be changed.

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.

If final plan approval is required by § 135-3.2C, said applicant may submit, on or before the expiration date, the whole or parts of said preliminary plan for final plan approval.

Where final plan approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval.

Where the landowner has substantially completed the required improvements as depicted upon the final plan 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 plan pertaining to zoning classification, density, lot, building, street or utility location.

In the case of a preliminary plan calling for the installation of improvements beyond the five-year period, the applicant shall file a schedule with the preliminary plan delineating all proposed sections as well as deadlines within which applications for final plan approval of each section are intended to be filed.

The applicant shall update said schedule annually on or before the anniversary of preliminary plan approval until final plan approval of the final section has been granted.

Any modification in the aforesaid schedule shall be subject to the approval of the Board of Commissioners in its discretion.

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.

(5)

Provided that the applicant has not defaulted with regard to or violated any of the conditions of the preliminary plan and approval, including compliance with the applicant's schedule of submission of final plats for the various sections required by § 135-3.4H(4) then the protections afforded by substantially completing the improvements depicted upon the final plat within five years as stated in § 135-3.4H 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 plan approval for each section. Failure of the applicant to adhere to the aforesaid schedule of submission of final plans 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 plan submission.

§ 135-3.5 Tentative sketch plan requirements.

Purpose.

To inform the Township of Lower Merion of an applicant's intent to subdivide and/or develop a property, and graphically show the concepts and extent of the proposal.

To allow the Township of Lower Merion to provide advice and guidance to an applicant so that:

Overall layout and circulation issues can be resolved prior to preparation of preliminary plans.

The preliminary plan approval process may then be able to proceed more efficiently.

To show how a tract of land may be further subdivided or developed in cases where only a portion of a property is currently under an active proposal. This plan shall show a logical and efficient pattern of roads, lots, and/or buildings, as appropriate for the type of plan proposed, and shall not be acceptable if it proposes lotting or development that would adversely impact floodplain, steep slopes, or other important site features.

Tentative sketch plan information.

Basic plan information, including existing features and proposed features and lotting plan, is outlined in Table 3.1.[1]

Editor's Note: Table 3.1 is included as an attachment to this chapter.

Drafting standards. 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.

§ 135-3.6 Preliminary land development plan; preliminary lot line change plan requirements.

Drafting standards. The scale shall be no smaller than 100 feet to the inch. Dimensions shall be in feet and decimals, and bearings shall be in degrees, minutes, and seconds.

Basic plan information, including existing features and proposed features and lotting plan, is outlined in Table 3.1.[1]

Editor's Note: Table 3.1 is included as an attachment to this chapter.

§ 135-3.7 Preliminary subdivision plan requirements.

Drafting standards. The scale shall be a minimum of 50 feet to the inch.

Basic plan information, including existing features and proposed features and lotting plan, is outlined in Table 3.1.[1]

Editor's Note: Table 3.1 is included as an attachment to this chapter.

§ 135-3.8 Minor plan requirements.

As outlined in § 135-3.2D above.

Second stage plans.

Drafting standards. The scale shall be a minimum of 50 feet to the inch.

Basic plan information, including existing features and proposed features and lotting plan, is outlined in Table 3.1.[1]

Editor's Note: Table 3.1 is included as an attachment to this chapter.

Amendment plan shall follow the plan requirements of the original plan submitted, as described above. The plan shall follow the procedures outlined in § 135-3.2B.

§ 135-3.9 Final plan requirements.

Final plan shall be submitted demonstrating compliance with procedures outlined in § 135-3.10 below, and the following:

Drafting standards. The scale shall follow the plan requirements of the original plan submitted, as described above, as well as the requirements as specified by the Recorder of Deeds of Montgomery County.

Basic plan information, including existing features and proposed features and lotting plan, is outlined in Table 3.2.[1] for the original plan submitted as well as the required signatures and certifications.

Editor's Note: Table 3.2 is included as an attachment to this chapter.

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.

The improvement construction plan shall be filed with the Director of Planning, accompanied by an application for approval.

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 Director of Building and Planning.

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.

(d)

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 can 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, the Township Engineer will so certify thereon, and the Director of Building and Planning 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:

One copy will be returned to the registered engineer or surveyor who prepared the plan.

One copy and the permit will be given to the applicant.

One copy will be retained in the subdivision file of the Township.

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 Township Engineer and Director of Building and Planning 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.

Construction record plan.

Construction record plans of all street improvements shall be filed at the completion of construction and before any dedication for public use. A full list of dedicated features shall be clearly defined and included on the plan. These shall be printed 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 § 135-3.9E of this article.

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.

(d)

Profile showing elevations of the ground, top of structures and inverts of all manholes, inlets and drainage structures.

(e)

Plans are to be prepared in the same detail and to the same standards as the improvement construction plan, as outlined in Table 3.2.[2]

[2]

Editor's Note: Table 3.2 is included as an attachment to this chapter.

§ 135-3.10 Final plan filing and review procedures.

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 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;

That one or more conditions existent at the time of preliminary plan approval have changed.

That such change of circumstances was beyond the applicant's control and has prevented submission of the final plan within the twelve-month period.

That such circumstances have been overcome or will be overcome in the foreseeable future.

Paper prints of the plan of the size and number as specified by the Montgomery County Recorder of Deeds shall be submitted to the Township Engineer along with an electronic copy of the plans in a format approved by the Building and Planning Department.

All final plans must conform to final approval and must be recorded with the office of the Montgomery County Recorder of Deeds within 90 days after final approval.

Certifications. When approved, the final plan must show:

The signature and seal of the registered engineer and surveyor certifying that the plan represents his/her work; that the monuments shown thereon exist as located; that the dimensional and geodetic details are correct; and that the survey has been prepared in accordance with the Pennsylvania Engineer, Land Surveyor, and Geologists Registration Law, P.L. 913, No. 367.[1]

Editor's Note: See 63 P.S. § 148 et seq.

The signature of the applicant certifying ownership of the property and intent to record the plan.

The signature of the Township of Lower Merion Secretary, certifying that the Board of Commissioners approved the final plan on the date shown.

Spaces shall be provided for the signatures of the Board of Commissioners whose signatures are required.

Space shall be provided for the signature of the Township of Lower Merion Engineer and the Chairman of the Township of Lower Merion Planning Commission.