This chapter has been enacted in conformance with the provisions
of the Pennsylvania Municipalities Planning Code, Act No. 247 of 1968,
and the Pennsylvania Storm Water Management Act, P.L. 864 (Act 167),
as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.,
and 32 P.S. § 680.1 et seq., respectively.
This chapter contains regulations which include, but are not
limited to the following:
A.
Provisions for the filing, processing, review, and approval of all
subdivision and land development plans.
B.
Design standards and guidelines for the overall layout, configuration,
and placement of lots, roads, open space, parks, public facilities
and other physical improvements on property to promote orderly development
compatible with the Lower Merion Township Comprehensive Plan.
C.
Engineering and technical standards, including appropriate financial
guarantees, governing the manner by which various improvements, including
streets, bridges, common facilities, water supply and sewage facilities
infrastructure, stormwater management facilities, landscaping, walkways,
lighting and other improvements, are properly constructed.
The purpose and intent of this chapter is to:
A.
Accomplish the coordinated development of the Township of Lower Merion
thereby ensuring the overall public health, safety, and welfare of
the community.
B.
Promote sustainable, efficient, and integrated development harmonious
with the existing built and natural environment.
C.
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 natural disasters or other menace.
D.
Ensure that streets and sidewalks throughout and bordering a subdivision
or land development shall be coordinated with existing streets, sidewalks,
parks, and other public amenities of the Township, and shall be of
such widths and grades, and in such locations as deemed necessary
to efficiently accommodate pedestrian accessibility, safety, prospective
vehicular and bicycle traffic and parking, and emergency apparatus.
E.
Provide for adequate/proper drainage, water supply, sewage disposal
and other appropriate utility services and connections.
F.
Encourage creation and preservation of open spaces for recreation,
light and air and maintenance of the natural amenities characteristics
of the Township and its residential, institutional, commercial and
public areas.
G.
Ensure conformance of subdivision and land development plans with
the Comprehensive Plan, and Official Map, and to ensure coordination
of intergovernmental public improvement plans and programs.
H.
Ensure equitable treatment of all subdivision and land development
proposals by providing uniform procedures and standards.
I.
Provide an open and transparent review process with opportunities
for public input.
J.
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.
K.
Promote subdivision and land development practices that conserve
energy, both during and after construction, and promote the use of
carbon-free energy sources by, among other things, the layout of the
lots and the siting of buildings.
L.
Ensure land development consistent with the Board Resolution 2021-16,
such that land development standards meet interim milestones and metrics
needed to meet the Township's commitment to attain clean renewable
electricity in the Township.
M.
Promote development that reduces greenhouse gas emissions and optimizes
the use of natural and man-made resources.
N.
Promote resilience of physical structures and infrastructure.
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.
The Township of Lower Merion shall, with the recommendation of the Planning Commission, review and act upon, as appropriate, all subdivision and land development plans as defined below and in § 135-2.2 of this chapter which are located entirely or in part of the Township of Lower Merion.
A.
Subdivision and land development. 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.
B.
Sale of lots, issuance of building permits, or erection of buildings.
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.
C.
Condominiums. No provision of this chapter shall be construed to
prohibit condominium ownership as permitted by the applicable enabling
legislation of the Commonwealth of Pennsylvania.
Where, owing to special conditions, a literal enforcement of
any of the requirements of this chapter would be unreasonable, would
cause undue hardship or where an alternative standard can be demonstrated
to provide equal or better results, the Board of Commissioners may
make such reasonable exception thereto as will not be contrary to
the public interest and that the purpose and intent of this chapter
is observed. All requests for modifications shall be provided in writing
and be part of the application for subdivision and/or land development.
In the request for a modification, the applicant shall:
