The following principles, standards, and design requirements shall be used in the evaluation of all subdivision and land development proposals. Other design requirements as established in Chapter
155, Zoning, or other chapters shall be used in addition to the following:
A. All portions of a tract shall be designated as to its use, such as
lots, roads, open space, parking areas, etc.
(1)
Developers shall include the following in the subdivision or
land development design:
(a)
Provision of adequate rights-of-way and improvements.
(b)
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.
(c)
When required by the Board of Commissioners, reservation of
areas and easements for pedestrian access, bikeways and/or bridle
trails appropriate to the proposed subdivision or land development.
(2)
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.
B. Developments shall preserve scenic areas and historic viewsheds,
open spaces, historic sites and structures, natural features of the
land and other community assets.
(1)
Preservation of natural features. 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,
shade trees and specimen trees, scenic and historic points, pedestrian
walks and bridle trails that have been in public use and other community
assets.
(a)
Plans shall be designed to avoid excessive disturbance of vegetation and movement of earth, as outlined in §
135-4.7 and Chapter
101, Natural Features Conservation.
(b)
Development and disturbance of floodplain land areas shall be governed by additional standards contained in this chapter, Chapter
155, Zoning, and the applicable building codes.
(c)
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 for changes
in such features.
(2)
Preservation of historic resources. Every subdivision or land
development plan shall be designed to preserve and protect historic
sites, viewsheds, 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 the 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.
(3)
Preservation of the community. To protect and maintain 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 beyond
that what is otherwise required in order to accomplish the following
with respect to the proposed subdivision or land development:
(a)
Mitigate changes in the level of noise or vibration or the number
of people affected by noise or vibration.
(b)
Mitigate changes in the site views from nearby premises or in
the degradation of the privacy of nearby premises.
C. The improvements shall be constructed, installed, and guaranteed,
at no expense to the Township, as part of plan approval, including,
but not limited to, traffic controls, streets, curbs, sidewalks, water
and sewage facilities, stormwater management facilities, streetlights,
fire hydrants, road signs, monuments, lot pins, utilities, and shade
trees.
D. The standards contained within this article are the minimum standards
and requirements for the protection of the health, safety, and welfare
of the residents of the Township and are to be used in all subdivisions
and land developments. In addition, the Township reserves the right
to require standards in excess of the minimum requirements if warranted
to protect the health, safety, and general welfare of the community.
Proposed land developments and subdivisions shall be designed
to address the opportunities and limitations present on a site and
its adjacent surroundings. The plan shall use site opportunities to
enhance the overall quality of the development and lessen potential
negative impacts upon a site and the surrounding community. The physical,
social, and psychological needs of the users of the site should be
evaluated and appropriately incorporated into the final subdivision
layout or site design. The impacts of the proposed development on
the natural environment and surrounding land uses shall be given a
high priority and made an integral part of the overall design for
the land development and subdivision. The following site organization
guidelines shall be used:
A. Site improvement layout. The buildings shall be placed in consideration
with the site's topography, existing vegetation, and surrounding
land uses, taking into account energy conservation, solar access,
and pertinent natural features.
B. Existing natural features. Existing natural features should be recognized
and integrated into the site layout. Natural features, such as streams,
hillsides, wetlands, unique habitats, woodlands, and similar natural
resources should be considered strong design determinants and be incorporated
into the overall site plan to strengthen the unique quality of the
land.
C. Open space and scenic views. The placement of open space and preservation
of scenic views should be a fundamental design decision. Open space
lands should provide for a variety of benefits, including recreation,
natural resource protection, scenic views and vistas, and buffers
for site elements and land uses.
D. Circulation. Movement within a site and access to the site should
be designed for the safety and convenience of various types of users.
Cross access between properties and joint access are encouraged to
improve circulation and improve access safety.
E. Relationship to surrounding uses. The proposed design should complement
appropriate surrounding uses through building setbacks, buffers, and
separation of uses. Various potential negative impacts upon surrounding
land uses including noise, light, and loss of privacy should be mitigated.
F. Sustainable development. The development of a site should use methods
that reduce energy, water, and greenhouse gas emissions of the property.
Opportunities to utilize renewable energy sources, conserve and reuse
water resources, and reduce greenhouse gas emissions fuel consumption
should be considered. In addition, the development should use materials
that reduce embodied carbon and use life-cycle assessments and make
use of renewable energy sources for electricity.
(1)
The applicant shall salvage or recycle building materials from
existing structures to be demolished, if feasible.
(2)
The plan shall show that at least 25% of the construction and
demolition materials are being diverted and shall describe the way
in which they are diverted.
G. Health hazards. The configuration of a subdivision or land development
should reduce risk or hazards to health, safety and well-being of
future users of the subdivision or land development and to the community
as a whole.
H. Concept development plan. 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.
(1)
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.
(2)
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.
All subdivisions and land developments shall be laid out in
such a manner as to minimize the removal and/or disturbance of healthy
trees, shrubs, and other vegetation on the site. Special consideration
shall be given to mature specimen trees and ecologically significant
vegetation.
A. Every effort shall be made to avoid removal of trees having a dbh
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 required replacement trees in such locations
and of such required size, variety and quantity as the Board of Commissioners
shall direct having the goal of ensuring their viability.
(1)
The applicant shall prove to the satisfaction of the Township
that vegetation removal for the desired development is minimized.
A written document or plan may be requested to be provided by a registered
landscape architect or other qualified professional showing that no
more functional layouts are possible and no alternative clearing or
grading plan would reduce the loss of mature trees, tree masses, and
woodlands, as determined by the Director of Building and Planning.
(2)
Lots in the LDR, MDR, and I Districts shall comply with the requirements of §
155-7.5, Wooded Lot Overlay District, of Chapter
155, Zoning.
B. Notwithstanding the six-inch dbh limitation, no substantial area
of smaller trees or shrub cover shall be removed without 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.
C. Removal or disturbance of vegetation in environmentally sensitive areas, including wetlands, floodplains, steep slopes, riparian corridors, wildlife habitats, and ecologically significant woodlands as identified in the Montgomery County Natural Areas Inventory shall be undertaken only as permitted under Chapter
155, Zoning, §
155-7.5.
D. Wetland protection. The presence of hydric soils may indicate wetlands.
When hydric soils are indicated on the site, a wetland study jurisdictional
determination shall be conducted in accordance with the U.S. Army
Corps of Engineers Wetlands Delineation Manual (1987 Manual).
(1)
The area of wetlands as defined by the U.S. Army Corps of Engineers
and the Commonwealth of Pennsylvania in accordance with Section 404
of the Federal Clean Water Act of 1977 and the Pennsylvania Clean
Streams Act shall be preserved in subdivisions and land developments.
(2)
A twenty-five-foot setback shall be maintained around the perimeter
of all wetlands. This area will be known as the "wetland buffer."
No removal of vegetation, except the selective removal of dead trees
and/or noxious vegetation in the wetland area or buffer, shall take
place without the specific permission of the Township.
(3)
Additional planting and restoration of the wetland corridor shall be in compliance with all of the provisions in Article
V and more specifically §
135-5.6B.
E. Riparian corridor management. Whenever a pond, watercourse, stream,
or intermittent stream, as identified by the USGS, is located within
a development site, it shall remain open in its natural state and
location.
(1)
Unless otherwise described in Chapter
155, Zoning, or separate code, a twenty-five-foot-wide buffer from each bank of the water body shall be maintained along all intermittent or perennial watercourses and ponds. This buffer area will be known as the "riparian corridor." No removal of vegetation, except for dead trees and shrubs or periodic mowing of existing lawns or fields, shall take place within this buffer area without the specific permission of the Township.
(2)
No stormwater detention basins shall be allowed within the riparian
corridor.
(3)
Additional planting and restoration of the riparian corridor shall be in compliance with all of the provisions in Article
V and more specifically §
135-5.6B.
(4)
Within any riparian corridor, no construction, development,
use, activity, or encroachment shall be permitted, except flood retention
dams, culverts and bridges, approved by the Township Engineer and
approved by the Pennsylvania Department of Environmental Protection
for those watercourses which drain an area of more than 1/2 square
mile. In all other cases, a corridor management plan shall be submitted
and approved by the Township, and the impacts of such development
shall be mitigated by the implementation of the corridor management
plan.
(a)
The developer shall submit to the Township Engineer a corridor
management plan prepared by a qualified design professional which
fully evaluates the effects of any proposed uses on the riparian corridor.
(b)
The corridor management plan shall identify the existing conditions
(vegetation, floodplain, soils, slopes, etc.), all proposed activities,
and all proposed management techniques, including any measures necessary
to offset disturbances to the riparian corridor.
(c)
The plan shall be approved as part of the subdivision and land
development process.
F. Grading. Lots shall be laid out and graded to provide positive drainage
away from buildings. Wherever practicable, water shall be drained
to the street rather than to cross lots contained within the proposed
subdivision or land development.
(1)
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, Stormwater Management and Erosion Control, must be met.
(2)
Limits to newly graded slopes shall not exceed the following,
unless otherwise authorized by the Township Engineer:
(a)
For fill areas: three feet horizontal to one foot vertical.
(b)
For cut areas: two feet horizontal to one foot vertical.
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 as directed
by the Director of Public Works.
A. Water service and fire hydrants.
(1)
An adequate public water supply shall be provided by the developer
for the proposed use and for fire control.
(2)
The design for public water supply facilities shall be in accordance
with PADEP Water Supply Manual, and the specifications of the utility
providing water service.
(3)
Fire hydrants shall be provided by the developer and installed
subject to approval of locations by the Township.
(a)
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.
(b)
The developer shall be responsible for the continued payment
imposed by the water utility provider.
B. Sanitary sewers. All sanitary sewer systems and privately owned sewage
and industrial waste treatment works shall comply with the rules and
regulations established by the Department of Environmental Protection
of the Commonwealth of Pennsylvania, as amended and revised.
(1)
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 most
current 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 as determined by the Township
Engineer. 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.
(a)
The requirements of on-site sewage disposal facilities below
are met.
(b)
Funding and administrative provisions assuring long-term operation
and maintenance are provided.
(c)
Sewage disposal is accomplished through land treatment technologies
capable of recharging groundwater aquifers.
(2)
If sanitary sewers are not to be installed initially, easements shall be provided on the preliminary, final and minor plan and land development waiver 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(1) above. A deed of easement shall be recorded for each such easement.
(3)
Sanitary sewer pipe shall be sized for full flow from the tract.
Larger pipe size may be required to accommodate future extensions
as required by the Township Engineer. Pipe material must be designed
in accordance with Township standards.
(4)
Minimum grades shall be 0.8% except at terminal runs, which
shall be 1%.
(5)
Manholes shall be placed at every point where the sanitary sewer
line changes direction in line or grade. Where drops are proposed,
an outside drop is required, and the proper channeling is required
by Township standards. In no instance shall the spacing exceed 300
feet. Manhole frames, covers, buckets and steps may be purchased from
the Township. Township standard lid and frame are required.
(6)
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.
Laterals must be designed in accordance with Township standards.
(7)
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 Montgomery County and the Pennsylvania Department of Environmental Protection. 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(1) above.