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.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated
in this section:
An improved cartway or paved service road designed to provide
vehicular access between the public road and the off-street parking
area for the designated use.
Vehicles powered by one or more electric motors. They receive
electricity by plugging into the grid and store it in batteries. They
consume no petroleum-based fuel and produce no tailpipe emissions.
AEVs include battery electric vehicles (BEVs) and fuel cell electric
vehicles (FCEVs).
A strip of land over which there is a municipally or privately
owned easement, on which no dwellings or commercial buildings front,
serving as the secondary means of access to two or more lots.
"Constructed free water surface (FWS) wetlands" are defined
as wetland systems where the water surface is exposed to the atmosphere
for wastewater treatment. Also known as "alternate wastewater treatment
systems."
Battery storage, or battery energy storage systems (BESS),
are devices that enable energy from renewables, like solar and wind,
to be stored and then released when customers need power most.
Activities, facilities, designs, measures or procedures used
to manage stormwater impacts from regulated activities; to meet Pennsylvania
water quality requirements, to promote groundwater recharge; and to
otherwise meet the purposes of this chapter. Stormwater BMPs are commonly
grouped into one of two broad categories or measures: "structural"
or "nonstructural." Nonstructural BMPs or measures refer to operational
and/or behavior-related practices that attempt to minimize the contact
of pollutants with stormwater runoff, whereas structural BMPs or measures
are those that consist of a physical device or practice that is installed
to capture and treat stormwater runoff. Structural BMPs include, but
are not limited to, a wide variety of practices and devices, from
retention ponds and constructed wetlands, to underground treatment
systems, infiltration facilities, filter strips, low-impact design,
bioretention, wet ponds, permeable paving, grassed swales, riparian
or forested buffers, sand filters, detention basins, and manufactured
devices. Structural stormwater BMPs are permanent appurtenances to
the project site.
Also called "biological diversity," is the variety of life
found in a place on earth or, often, the total variety of life on
earth. Biodiversity also encompasses the genetic variety within each
species and the variety of ecosystems that species create.
A stormwater management facility, which includes rain gardens,
bioretention swales, planters and absorbent tree islands, engineered
to treat and infiltrate a specific amount of stormwater. They have
exact design criteria to ensure they function according to the design
intent. These facilities have operation, maintenance and inspection
requirements since they are part of a stormwater treatment and flow
control system. The facilities include designed soil mixes and sometimes
control structures like underdrains and outlet structures to aid in
the control of overflow, catch basins to filter sediment, and check
dams or weirs to slow the flow of water moving through the facility.
A unit of land bounded by streets or combination of streets,
railroad right-of-way, waterway, or any other barrier to the continuity
of development.
A designated area between two uses named incompatible with
each other or along the perimeter of a natural feature to be protected
from an incompatible use or along the perimeter of that use, which
will absorb or otherwise preclude such incompatibility and shall be
permanently maintained.
A designated area at the perimeter of a lot, landscaped its
width with trees and shrubs, as a visual and ambient screen to protect
residential property from impacts of other uses. Existing healthy,
noninvasive vegetation is included within this defined area.
The line which establishes the minimum depth of front yard measured from the right-of-way line, as required by Chapter 155, Zoning, of the Code.
The diameter of a tree measured by the American or U.S.A.
Standard for Nursery Stock (ANSI) or U.S.A.S. Z60.1 of the American
Association of Nurserymen, as amended.
The portion of a street or right-of-way, paved or not paved,
which is used or intended for use by vehicular traffic.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to limit or obstruct the minimum required
sight distance of motorists entering or leaving the intersection.
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.
The plan, consisting of maps, charts and textual matter,
including recommendations for the continuing development of the Township
and adopted by the Board of Commissioners of the Township.
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.
The planned management of a natural feature to prevent its
exploitation, destruction or neglect.
A board of a condominium association.
Montgomery County, Pennsylvania.
A street with one end open for public vehicular, bicycle,
and pedestrian access and the other end terminating in a vehicular
turnaround.
The edge of the curb furthest from the street.
The diameter of a tree at breast height, measured 4.5 feet
from the ground surface.
The instrument by which the owner of property submits it
to the provisions of the Unit Property Act.[2]
Any person, firm or corporation which performs or undertakes
to perform development.
The land required for the installation and/or maintenance
of storm sewers, drainage ditches or retention basins.
A point of access to one or more lots along a street frontage,
intended for use by vehicles.
Any structure or part thereof designed for and occupied exclusively
as a residence for a single family to be occupied as living quarters
as a single housekeeping unit.
Overall term for vehicles that derive all or part of their
power from electricity supplied by the electric grid. They include
AEVs, HEVs and PHEVs.
LEVEL 1A method that provides charging for an EV battery using a 120V single-phase electric service with a 15A or 20A circuit breaker. This method is considered slow speed charging and does not require any special EV charging equipment.
LEVEL 2A method that provides charging for an EV battery using a 240V/208V single-phase or three-phase electric service with a 40A to 100A circuit breaker. This method is considered medium speed charging and requires the installation of specialized EV charging equipment at the EVCS.
LEVEL 3A method also known as "direct current fast charging (DCFC)" that provides charging for an EV battery using a 480V three-phase electric service. This method is considered high-speed and requires the installation of highly specialized, high-powered EV charging equipment at the EVCS and in the EV.
A public or private parking space that is served by battery
charging station equipment that has as its primary purpose the transfer
of electric energy (by conductive or inductive means) to a battery
or other energy storage device in an EV.
Any designated parking space that is provided to allow EV
access and use of an EVCS.
Preconstruction installation of dedicated EV charging infrastructure
to minimize the post-construction cost and effort.
The greenhouse gas emissions arising from the manufacturing,
transportation, installation, maintenance, and disposal of building
materials.
A person licensed by the Commonwealth of Pennsylvania to
engage in the practice of engineering and/or land surveying.
The slope of a street, parcel of land, utility lines, drainageways,
specified in percent (%) and shown on plans.
A network of natural and seminatural systems that manage
stormwater runoff by slowing the rate of water flow and filtering
out harmful pollutants before they drain into waterways. Practices
may include rain gardens, pervious pavement, green roofs, enhanced
riparian areas, naturalized infiltration basins, and bioswales.
Gases that trap heat in the atmosphere, including carbon
dioxide, methane, nitrous oxide and fluorinated gases.
See § 155-2.1.
See § 155-2.1.
Low-emission vehicles that use an electric motor to assist
gas-powered engines.
Soils which in their natural, undrained state are wet frequently
enough at or near the surface to periodically produce anaerobic conditions,
thereby influencing plant species composition and/or growth on such
soils.
Elements of the physical environment, including: 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.
Drive aisle interior to a site on which a portion of a building
fronts. Typically applies to shopping center uses.
A plant species which grows aggressively, spreads and displaces
other plants, and has generally been introduced from other continents.
Such species lack natural predators, disease, or natural controls,
and can dominate large areas and diminish or limit biodiversity. Invasive
and watch-list species listed on any governmental list of invasive
species, including the Pennsylvania Department of Conservation and
Natural Resource's publication, "DCNR Invasive Plant List," as maintained
and updated, as well as any list adopted by the Township, shall be
inclusive of this definition.
Improvements involving: two or more residential buildings,
or one or more nonresidential structures, regardless of number of
occupants; subdivision of land for the use of two or more existing
or prospective occupants with streets, building groups, common areas,
leaseholds, condominiums, or other features. Excluded from land development
are: the conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium; and the
addition of an accessory building, including but not limited to farm
buildings, on a lot with an existing principal building.
[Amended 7-20-2022 by Ord. No. 4247]
The Committee composed of the heads of departments of the
Township or their designees and such other Township employees as appointed
by the Township Manager.
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.
An evaluation of the environmental effects of a product from
cradle to grave.
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, or a combination
of tracts or parcels merged by use.
Any construction for which a building permit is required under Chapter 62, Building Construction, of this Code, or any other activity affecting land or modifying land from its natural condition.
The measure of a lot taken on a straight line between two
points on the side lot lines equidistant from the street line.
Any security which may be required of a developer by the
Township in connection with 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.
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.
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.
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.
Any lot abutting a street which has 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.
For the purposes of the Township of Lower Merion, a native plant species that occurred east of the Mississippi prior to European settlement or per Chapter A177, Planting Materials and Specifications.
A component of a landscape existing or maintained as a part of the natural environment and having ecological value in contributing beneficially to air quality, erosion control, groundwater recharge, noise abatement, visual amenities, growth of wildlife, human recreation, reduction of climatic stress and energy costs. Such features include those which, if disturbed, may cause hazards or stress to life, property and the natural environment. See § 101-3.
A plant that is determined to be injurious to public health,
crops, livestock, agricultural land or other property, as determined
by the Pennsylvania Department of Agriculture.
The most currently adopted map depicting the routes of vehicular travel within the Township, which is part of the Township of Lower Merion General Comprehensive Plan, adopted by the Board of Commissioners, 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 in accordance with the terms of Chapter 107, Official Map.
The maps designated in Chapter 107, Official Map, hereof as the Official Map of the Township of Lower Merion.
Designated space along the street frontage of a property
for the short-term parking of vehicles for loading and unloading of
goods or passengers.
An outdoor area or space for the parking of motor vehicles,
including parking spaces, parking drive aisles, and driveways. Also
includes the terms "parking area" and "parking lot."
The interior cartway used or intended for vehicular circulation
within and around a parking lot, from which access to a parking space
or stall is taken.
A public or private linear space or an area where the primary
users are pedestrians and that may also accommodate bicyclists.
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.
The Township of Lower Merion Planning Commission and the
Building and Planning Department of Lower Merion Township. Each planning
agency shall have those duties assigned to such agency in the Township
Code.
Any area of ground with improved soil between parking spaces,
or at the end of parking rows, within the interior of a parking lot.
The planting island is designed to help to control traffic flow and
perform environmental services, including shading and infiltration
and treatment of stormwater.
Soils amended for improved drainage and biologic function,
as well as to support plants that are adapted to both wet and dry
conditions. These soils are used for planting areas not to be used
as bioretention areas.
A pervious, linear area of ground within the boundary of
a parking lot which separates parking spaces along their shorter linear
dimensions, running parallel to parking drive aisles, from which parking
spaces take direct access. The planting strip is designed to screen
surface parking, help control traffic flow, and perform environmental
services including shading and infiltration and treatment of stormwater.
Vehicles that use batteries to power an electric motor, plug
into the electric grid to charge, and use a petroleum-based or alternative
fuel to power the internal combustion engine. Some types of PHEVs
are also called "extended-range electric vehicles (EREVs)."
A category of powered vehicles that have a curb weight of
less than or equal to 500 pounds (227 kg) and a top speed of 30 miles
per hour (48 kilometers per hour) or less.
An area of ground which is a shallow depression designed
to clean, detain, and infiltrate stormwater runoff primarily with
adapted native plants set within bioretention soils, usually has a
simple inflow where rainwater enters the garden, and an aboveground
overflow where excess water exits. It is a stormwater management BMP
which is typically a smaller system than other bioretention facilities.
However, operation and maintenance is critical to proper performance.
The size, capacity and location of rain gardens should be based on
runoff source (parking lot, roofs, downspout, lawns, etc.) and the
ability to capture rainwater.
A lot which has 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.
See § 155-2.1.
See § 155-2.1.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
Both mitigation (carbon pollution reductions) addressing
the need to prevent near term irreversible, unmanageable dangerous
climate change and adaptation to the increasingly, intensified weather
and climate events causing well-documented systemic damages to all
economic sectors. This includes safety and acute and chronic events.
A public or private easement for land, air space above the
land, or area below the surface used for vehicular, pedestrian, transit
or other right of passage, including a street, alley or crosswalk.
Forested or vegetated lands along both sides of a stream,
wetland or water body.
A product that provides an effective root control barrier
between plant materials and hardscape structures, such as sidewalks,
curbing, pavement, concrete, and building foundations, to prevent
structural damage caused by vegetative root penetration or encroachment.
A barrier for the purpose of limiting or obscuring a view,
generally comprised of vegetation, structures, or earthworks suitable
for the purpose.
Any tree on any public street or on Township property having
more than 50% of its trunk diameter at breast height within the right-of-way
or on Township property.
A type of pavement marking showing a bicycle under two wide
arrows, or chevrons, painted on a cartway for the purpose of conveying
driver awareness of bicyclists along roadways.
The calculated distance of unobstructed view along the center-line
of a street from a point 10 feet back from the pavement edge of the
intersecting road and at the driver's eye height of four feet above
the road surface.
Any street which is served by only one intersection with
a through street, including single-access loop streets and cul-de-sac
streets.
The quantity of soil needed to support the health and vigor
of shade trees or other woody plants, such as flowering trees and
shrubs, required in the planting plan.
A unique, rare or historically important plant or tree specifically
selected by the Shade Tree Commission of the Township as one which
most typically represents a whole class or group in shape, form, or
any other worthy characteristic.
The Commonwealth of Pennsylvania.
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.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes, and infiltration structures.
A right-of-way, publicly or privately owned, serving as a
means of vehicular and pedestrian travel, furnishing access to abutting
properties and shown on the Official Highway Map of the Township,
but not including an alley, common driveway, or access easement.
The boundary line of a street right-of-way.
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.
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.
Through routes shown on the Official High-way 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.
Feeder or collector streets 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.
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.
A soil medium that can be compacted to support pavement and
installation requirements while accommodating tree root growth. It
is a mixture of gap-graded gravels made of crushed stone, clay loam,
and a hydrogel stabilizing agent to keep the mixture from separating.
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, tying and anchoring
to a fixed location on or below the surface of the ground.
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 also include the
merger of two or more lots into a lesser number of lots and the mort-gage
of less than all of a lot.
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 Article VII 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.
A development that meets the needs of the present without
compromising the ability of future generations to meet their own needs
to promote and conserve natural resources, and to protect and improve
the quality of the environment within the Township limits, and Township
residents' enjoyment of it.
The Township of Lower Merion.
A publicly or privately held right-of-way created or maintained
for nonvehicular passage over private property.
A natural contiguous grouping of trees.
The total width of any land which is projected as necessary
for adequate handling of anticipated maximum traffic volumes, determined
by the streets' function, in accordance with street classifications
contained in this chapter, and outlined in the Township Comprehensive
Plan. The ultimate right-of-way becomes the legal right-of-way when
it has been offered for dedication and accepted by the Township.
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.
A category of vehicles that have a curb weight of less than
or equal to 500 pounds (227 kg), are driven by humans, powered by
humans and typically operate at speeds below 15 miles per hour (24
kilometers per hour).
Any areas of a lot not located within any enclosed or partially
enclosed structure which are used by or intended for motor vehicles,
including but not limited to the following: accessory or nonaccessory
parking spaces for the storage of automobiles, trucks or other motor
vehicles; parking drive aisles; loading zones and service areas; emergency
or fire zones or lanes; access drives and driveways; and paved areas
painted or striped in such a manner as to indicate that they are not
intended for parking or standing but are otherwise at grade with other
areas designed for or used by motor vehicles.
A strip separating a sidewalk from the curb consisting of
grass, landscaping, street furniture, or decorative paving.
That portion of the landscape which can be readily viewed
by the observer from one or more vantage points. The extent of area
that can be viewed is commonly delineated by land form, vegetation
and/or distance.
A barrier for the purpose of limiting or obscuring a view;
generally comprised of vegetation, structures, or earthworks suitable
for the purpose.
Any natural or artificial swale, stream, channel, drain or
culvert in which waters flow continuously or intermittently.
Those areas inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support and that under normal
circumstances do support a prevalence of vegetation typically adapted
for life in saturated soil conditions; or as further defined and delineated
by the United States Army Corps of Engineers, the United States Environmental
Protection Agency or the Pennsylvania Department of Environmental
Protection.
A designated area contiguous or adjacent to a wetland that
is required.
Plants produced from seed or cuttings, with a central stem
and little or no side branching. May be a seedling, a transplant or
a one-year hardwood cutting.
A community of plants that provide food, water, cover, nesting
and foraging or feeding conditions necessary to maintain population
of animals.
[1]
Editor's Note: The Unit Property Act was repealed by the Act
of July 2, 1980, P.L. 286, No. 82. See now the Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq.
[2]
Editor's Note: The Unit Property Act was repealed by the Act
of July 2, 1980, P.L. 286, No. 82. See now the Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq.
As used in this chapter, the following abbreviations shall have
the meanings indicated:
ASCE — American Society of Civil Engineers.
ASLA — American Society of Landscape Architects.
ASTM — American Society for Testing and Materials.
AWWA — American Water Works Association.
COE — Army Corps of Engineers.
DEP — Pennsylvania Department of Environmental
Protection.
DRBC — Delaware River Basin Commission.
EPA — Federal Environmental Protection Agency.
IES — Illuminating Engineering Society.
ITE — Institute for Traffic Engineers.
MCCD — Montgomery County Conservation District.
MCHD — Montgomery County Health Department.
MCPC — Montgomery County Planning Commission.
PADOT — Pennsylvania Department of Transportation.
SALDO — Subdivision and Land Development Ordinance.
ULI — Urban Land Institute.
USCGS — United States Coast and Geodetic Survey.
USGS — United States Geological Survey.
