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The Land Development and Subdivision Process

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The Land Development and Subdivision Process THE LAND DEVELOPMEN T AND SUBD I V I S I ON PR OCESS INVEN T O R Y AND ANALYS I S OF ZON I NG HEA ri NG BOA R D AC ti V it Y INVEN T O R Y AND ANALYS I S OF PLANN I NG COMM I SS I ON LAND DEVELOPMEN T AC ti V it Y AND BU I LD I NG PE R M it AC ti V it Y THE BOA R D OF HI S T O ri CAL AR CH it EC T U R AL REV I EW AND T HE HI S T O ri CAL COMM I SS I ON INVEN T O R Y AND ANALYS I S OF PLANN I NG ST UD I ES AND REGULA T O R Y EFFO rt S ISSUES AND THEMES IDEN ti F I ED BY ST AKEHOLDE R S ISSUES AND THEMES ANALY Z ED BY ST AFF 27 A NALYS I S This section presents a review of existing land development codes and practices in order to evaluate how well the Township’s current tools address issues associated with land develop- ment. Staff reviewed and evaluated the existing codes and practices to understand issues, identify patterns and to determine what works and what does not work. The inventory and analysis of land planning process and also to solicit on. Throughout the fall of 2007 over development activity between 2003 input pertaining to each advisory 30 stakeholder interviews were held. and 2008 includes 679 requests to body’s area of expertise. Stakeholders are broadly defined here the Zoning Hearing Board, 211 appli- In addition, four community as specific people or groups who have cations heard by the Planning Com- workshops and three regional civic a stake, or an interest, in the outcome mission, 398 applications reviewed association meetings were held dur- of this comprehensive plan. A series by the Historical Commission and ing the fall of 2007 to solicit input and of questions were prepared for the Board of Historical Architectural Re- feedback from Township residents, three general categories of stakehold- view, and 13,527 permits reviewed business owners and institutional ers: residents, institutions, and busi- by the Building and Planning depart- organizations. A kickoff meeting ness owners in Lower Merion. From ment. In addition, a summary of the was held on July 9, 2007 to inform these interviews and workshops, staff 558 ordinance amendments related the general public about the compre- compiled a list that provides excerpts to land development from 1996 hensive planning process. A series of from the stakeholder interviews and through 2008 is provided. This sum- meetings were held which focused meeting minutes which highlight the mary outlines newly created districts on three general categories of issues key recommendations of each catego- and ordinances as well as revisions to pertaining to residents, institutions, ry of stakeholders. existing ordinances. The Township and business owners in Lower Meri- has also completed numerous plan- ning studies from 1998-2008. The purpose of this analysis is to provide a comprehensive view of land develop- “The senseless demolition of La Ronda speaks to our society’s lack ment related activity in order to better of communal sensibility. From a larger sense of place and sense of understand what actually transpired community, this building was part of our shared history. It was a in relation to the stated goals and ob- jectives of the community. work of art. With Pennsylvania’s long and rich architectural history, The various Township advisory the Commonwealth should pass a strong preservation ordinance. … bodies that deal with land develop- [P]reserving the buildings that document our history should be an ment, zoning, historic preservation, open space and environmental issues easy decision for the state Legislature. We’ll use the destruction of participated in the comprehensive La Ronda as a rally point.” planning process as well as provid- - Ross Mitchell, Vice President, ed input regarding issues they have come across and themes they have Lower Merion Historical Society, identified over the past several years. Main Line Today. Planning staff met with the advisory bodies to explain the comprehensive ISSUES 28 REPORT Development Planning HARB Studies Stakeholder Staff Process ZHB Commission HC Ordinances Issues Analysis THE LAND purpose, whether immediate or fu- of two parts: the text and a map of DEVELOPMENT AND ture, of lease, partition by the court the various zoning districts. The text SUBDIVISION for distribution to heirs or devisees, of the code contains community PROCESS transfer of ownership or building, or development objectives and neces- lot development.”9 sary technical provisions to regulate When any property owner re- the use of land and structures. The LaND DEVELOPMENT AND quests to modify property lines, this text also contains written provisions SUBDIVISION triggers the subdivision process. for bulk, height, area, setback, den- Land development and subdivi- When a multifamily structure, which sity, and other standards. The zoning sion are defined by the Pennsylvania includes a townhouse, is proposed map delineates the boundaries of the Municipalities Planning Code (MPC). for construction, this requires land specific districts or zones created by The MPC grants municipalities the development approval. Improve- the code. authority to regulate land develop- ments to single family dwellings do The Subdivision and Land Devel- ment and subdivision projects. It is not typically trigger land develop- opment Code details the provisions these definitions that establish the ment approvals, yet are reviewed for the submittal and processing of framework for the municipal sub- administratively by the permit pro- land development and/or subdivision division and land development pro- cesses. applications, including the charg- cesses. They are as follows: Expansions of non-residential ing of review fees, specifications for buildings require land development such applications, certification as to Land Development approval from the Board of Com- the accuracy of the plans, provisions The improvement of one lot or missioners. Certain improvements, for tentative sketch, preliminary and two or more contiguous lots, tracts such as façade improvements or roof final approval, and for processing of or parcels of land for any purpose replacements may not trigger land final approval by stages or sections of involving: development, yet would be reviewed development. a group of two or more residen- administratively by a building or Whereas the Township’s Subdi- tial or nonresidential buildings, grading permit. There is no actual vision and Land Development Code whether proposed initially or square footage threshold that triggers details the process by which land cumulatively, or a single nonresi- land development in the Township; development occurs and the re- dential building on a lot or lots the determination is at the discre- quirements for the applications, the regardless of the number of occu- tion of the Director of Building and Township’s Zoning Code regulates pants or tenure; or Planning then ultimately the Board of actual use of the land – the what and the division or allocation of land Commissioners. where. A zoning code should reflect or space, whether initially or cu- the overall goals and objectives of mulatively, between or among the municipality. Such goals and ob- THE AbiLitY TO REGULatE two or more existing or prospec- THE LaND DEVELOPMENT jectives should also be stated in the tive occupants by means of, or for PROCESS municipal comprehensive plan. At the purpose of streets, common In addition to defining what con- its most basic level, the Zoning Code areas, leaseholds, condominiums, stitutes a land development or subdi- should promote the community’s de- building groups, or other fea- vision, the MPC provides local gov- sired character, the needs of current tures. ernments with the tools to regulate and future residents, the continued A subdivision of land.8 such activities. The two main tools economic growth of the community, used by the Township to regulate and the preservation and protection land development and subdivision of the community’s assets. Subdivision are the Zoning and the Subdivision “The division or redivision of a lot, and Land Development Codes. tract or parcel of land by any means THE LaND DEVELOPMENT Zoning is a tool a community PrOCESS IN into two or more lots, tracts, parcels may utilize to regulate the use of land LOWER MERION or other divisions of land including and the location and intensity of de- The Township’s land development changes in existing lot lines for the velopment. A zoning code consists process is a multi-level, multi-facet- ed process involving the Township 8 Pennsylvania Municipalities Planning Code. Act of Building and Planning Staff, the Land 1968, P.L. 805, No. 247 as reenacted and amended. 9 Lower Merion Township Subdivision and Land Devel- Development Committee, the Town- §107. Definitions. opment Code §135-2. Word usage; definitions. ANALYSIS 29 Development Planning HARB Studies Stakeholder Staff Process ZHB Commission HC Ordinances Issues Analysis ship Planning Commission, Building development process where the pub- oper/property owner. The Township and Planning Committee, the Town- lic participates. These public input has a culture of anticipating planning ship Board of Commissioners, Town- opportunities allow the residents of and development review dating back ship advisory bodies (Environmental Lower Merion to have a say in the to the 1937 Comprehensive Plan. The Advisory Council, Board of Histori- type of development that is occurring 1937 Plan noted the importance of cal Architectural Review, Historical within their community. engaging developers early in the pro- Commission, Zoning Hearing Board, Typically the first step of the Land cess before plans became too set. The etc.), various Township consultants, Development process begins with an early cooperation of developers was and of course, the applicant.
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