The Land Development and Subdivision Process
Th e La n d De v e l o p m e n t a n d Su b d i v i s i o n Pr o c e s s
In v e n t o r y a n d An a l y s i s o f Zo n i n g He a ri n g Bo a r d Ac ti v it y
In v e n t o r y a n d An a l y s i s o f Pl a n n i n g Co m m i s s i o n La n d De v e l o p m e n t Ac ti v it y a n d Bu i l d i n g Pe r m it Ac ti v it y
Th e Bo a r d o f Hi s t o ri c a l Ar c h it e c t u r a l Re v i e w a n d t h e Hi s t o ri c a l Co m m i s s i o n
In v e n t o r y a n d An a l y s i s o f Pl a n n i n g St u d i e s a n d Re g u l a t o r y Ef f o rt s
Is s u e s a n d Th e m e s Id e n ti f i e d b y St a k e h o l d e r s
Is s u e s a n d Th e m e s An a l y z e d b y St a f f
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A n a l y s 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. It is also informal meeting of the Township invited to achieve the best design.10 important to recognize that there are Building and Planning Department In the current land development pro- various stages throughout the land staff, initiated by a prospective devel- cess, these meetings are critical not only to review for code compliance, but also to provide insight on po- Lower Merion Township tential impacts of the proposal. Staff Adivsory Bodies provides constructive professional There are a total of eighteen Township boards and commissions in the advice, which could potentially ex- Township of Lower Merion and the duties and responsibilities of these bodies pedite the formal review process for vary greatly. Some advisory bodies, such as the Environmental Advisory Council, provide advice to the Board of Commissioners, while others, such as the applicant. Staff may also inform the Zoning Hearing Board and Shade Tree Commission, have exclusive powers. the applicant of the steps that may Directly Related to be required for applications involv- ing properties listed on the Historic Name of Board/Commission Land Development Resource Inventory or requests to the Process (Y/N) Zoning Hearing Board. Once a formal Board of Historical Architectural Review Y application is filed with the Building Historical Commission Y and Planning Department, staff re- Environmental Advisory Council Y views the application packet for com- Planning Commission Y pleteness and provides notice to all adjacent property owners and inter- Shade Tree Commission Y ested parties. When an application is Zoning Hearing Board Y deemed complete it is scheduled for Lower Merion Township Municipal N a public meeting. Pension Fund Prior to that public meeting, staff Advisory Committee for Employee N reviews applications for consistency Retirement Plan with all applicable Township codes Personnel Review Board N including but not limited to the Police Pension Association N Subdivision and Land Development Uniform Construction Code Appeals Board N Code, the Natural Features Code and the Stormwater Management and Ero- Vacancy Board N sion Control Code. If the Zoning Of- Cable Television Advisory Committee N ficer determines an application does Civil Service Commission N not comply with the Zoning Code or Electrical Examining Board N involves a use permitted by special Firefighter Assistance Fund N exception, such as educational insti- tutions or licensed day care facilities, Health Advisory Council N the proposal requires approval from Hearing Examiner N the Zoning Hearing Board. Alterna- tively, “by-right” development appli- Figure B1 cations that comply with the zoning Of the 18 commissions and boards, six have a critical involvement with the land devel- opment process, as illustrated in the table above. The specific structure, roles, duties, code are considered by the Board of and review process are detailed in the summary of activity pertaining to each body or Commissioners for approval with preceding their inventory of identified issues. recommendations from the Planning
10 A Plan for Lower Merion Township, April 1937 p.98 issues 30 report
Development Planning HARB Studies Stakeholder Staff Process ZHB Commission HC Ordinances Issues Analysis
Commission and other relevant advi- a public meeting. The Commission sory bodies. What is an issue? then makes recommendations regard- These development applications ing the proposal and may choose to An “issue” is an identified are also forwarded to the Montgom- approve the application, disapprove aspect of a proposed ery County Planning Commission, development that will have a the application, or approve the ap- the Township Land Development positive or negative impact plication provided that certain condi- Committee, the Township Engineer on the proposal and/or the tions are met. They may also table the and various advisory bodies such community as a whole. Issues application to provide the applicant as the Shade Tree Commission, En- are features of a development time to further address pertinent is- vironmental Advisory Committee, application which require sues or concerns. etc. where the plans are reviewed for additional consideration. The recommendations of the conformance to Township codes and Generally, issues are comprised Planning Commission are forwarded of potential negative consistency to local, regional, state to the Building and Planning Com- externalities like stormwater and federal plans, policies and ini- runoff, noise, lighting, traffic mittee. The applicant again has the tiatives. Each provides an inventory impacts or the loss of natural opportunity to provide testimony of issues to Township planning staff or historic resources. Over the regarding the recommended condi- for incorporation into a professional past few years there has been tions of approval at this meeting. The staff report referred to as an “Issues a changing trend to identify Building and Planning Committee Memo”. Additionally, the memo in- issues related to how projects consists of each member of the Board cludes issues identified through a will physically look from of Commissioners. The Building and review of the site plans, history and the public way and adjacent Planning Committee utilizes the rec- properties. zoning of the property, site visits, and ommendations of the Planning Com- thorough discussions with members How are Issues Identified? mission, in addition to the profession- of the community. The Township En- Issues are identified through al reports, testimony of the applicant, gineer also prepares a formal report the review process by various staff, and the public, when determin- to identify potential issues. Staff as- advisory boards, Township ing whether to table, approve, or dis- sesses the various issues identified departments, the Township approve an application. and includes, as part of the memo, Engineer, residents, and the An application may proceed to Montgomery County Planning a formal list of recommended con- a meeting before the Board of Com- Commission. These issues ditions of approval as a means to are incorporated into formal missioners once it has been approved resolve any outstanding issues. The reviews and serve as the by the Building and Planning Com- “Issues Memo,” Township Engineer’s basis of the recommended mittee. The Board of Commission- report and the “Recommended Con- conditions of approval. ers weighs the opinion of the Plan- ditions of Approval” are provided to How are Issues Resolved ning Commission and the Building the Planning Commission, Building and Planning Committee in addition and Planning Committee and Board Identified “issues” are to the professional reports, the testi- typically addressed through of Commissioners for consideration mony of the applicant, staff and the the land development with a land development applica- process and recommended public, when determining whether tion. conditions associated with to table, approve, approve with con- The applicant is also provided land development application ditions or disapprove an application. with the “Issues Memo,” Township approvals. The ultimate goal is To avoid delay in processing an ap- Engineer’s report and a draft of the to resolve all identified issues. plication, the Board may recommend “Recommended Conditions of Ap- an approval with conditions. If the proval” prior to the Planning Com- Board approves but stipulates condi- How this Information is mission meeting, which is often the tions, they must be acceptable to the Presented to the Board of first public meeting. Providing this Commissioners applicant. If an applicant fails to ac- information to the applicant prior to The Planning Commission re- cept the conditions it may result in an the meeting allows the applicant to views the “Issues Memo,” Township automatic disapproval. The applicant determine which conditions are ac- Engineer’s report and “Recommend- may not always agree with the Board’s ceptable or which ones need further ed Conditions of Approval” with conditional approval and where there discussion with the Commission. the land development application in is a disagreement, an appeal by the The discussion is then focused on the conjunction with testimony from the applicant to Montgomery County identified issues. applicant, staff, and residents during Common Pleas court could be filed. Analysis 31
Development Planning HARB Studies Stakeholder Staff Process ZHB Commission HC Ordinances Issues Analysis
The Lower Merion Land Development Process and Identification of Issues
Figure B2 issues 32 report
Development Planning HARB Studies Stakeholder Staff Process ZHB Commission HC Ordinances Issues Analysis
After receiving preliminary plan approval the applicant will prepare a final plan showing all lot lines, im- provements and other features of the subdivision or land development and submit the same to the Planning Di- vision for an administrative review and confirmation of compliance with all recommended conditions of approval. Figure B2 details the Town- ship’s Land Development Process. This process enables the Township’s staff, elected and appointed officials, advisory bodies, consultants, and residents to identify issues related to proposed land developments. In addition to identification of issues, the process is particularly concerned with addressing those issues in a manner that enhances not only the project but the Township as well.