Township of Lower Merion Building and Planning

TOWNSHIP OF LOWER MERION

BUILDING AND PLANNING Wednesday, April 14, 2021 COMMITTEE 6:15 PM (Approximately)

Chairperson: Joshua L. Grimes,Todd M. Sinai Vice Chairperson: Sean P. Whalen

AGENDA

1. AUTHORIZATION TO RELEASE FUNDS HELD IN ESCROW

2. WAIVER OF TOWNSHIP CODE REGULATING OPEN CONTAINERS DURING RESTAURANT WEEK FOR AN EVENT HOSTED BY ARDMORE INITIATIVE ON MAY 8 AND MAY 15, 2021

3. AUTHORIZATION TO ADVERTISE A PROPOSED ORDINANCE - CHAPTER 92, HOUSING - PROPERTY MAINTENANCE - ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2018

4. AUTHORIZATION TO ADVERTISE A PROPOSED ORDINANCE - CHAPTER A180, HISTORIC RESOURCE INVENTORY - 533 Maison Place, Bryn Mawr

5. APPROVAL OF CERTIFICATES OF APPROPRIATENESS

6. APPROVAL OF HISTORICAL COMMISSION APPLICATIONS

7. CONDITIONAL USE PLAN - 250 Haverford Road, Penn Wynne Elementary School, Wynnewood, Ward 14, LD# 3864C

8. TENTATIVE SKETCH PLAN - 250 Haverford Road, Penn Wynne Elementary School, Wynnewood, Ward 14, LD# 3864

9. PRELIMINARY LAND DEVELOPMENT PLAN - 600 N. Ithan Avenue, Harriton High School, Rosemont, Ward 6, LD# 3848

1 AGENDA ITEM INFORMATION

ITEM: AUTHORIZATION TO RELEASE FUNDS HELD IN ESCROW

Consider for recommendation to the Board of Commissioners approval the release of funds held in escrow as Improvement Guarantees in accordance with §135-5 of the Township Code for the following:

15 Kings Grant Drive (L248.28) Escrow Release No. 5 Amount $ 16,489.00

625 Montgomery Avenue (L254.76) Bryn Mawr Presbyterian Church Escrow Release No. 1 Amount $ 126,379.00

601, 609, 615 and 620 Righters Ferry Road (L248.33) Escrow Release No. 1 Amount $ 529,036.00

PUBLIC COMMENT ATTACHMENTS: Description Type Escrow Release Letters Backup Material

TOWNSHIP TOWNSHIP ENGINEER

OF 75 E. Lancaster Avenue Ardmore, PA 19003 2376 LOWER MERION Telephone: (610) 645-6200 www.lowermerion.org MONTGOMERY COUNTY

LOWM 254.28 April 2, 2021

Christopher Leswing, Director of Building and Planning Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003

Re: 15 Kings Grant Drive Escrow Release No. 5

Dear Mr. Leswing:

We have received a request for release to escrow for the above referenced permit. Based on our field investigations and discussions with township staff, we recommend release as follows:

Amount This Total Amount to Item Total Amount Release Released Remain A. Site Preparation 1. Clearing & Grubbing $15,000.00 $0.00 $15,000.00 $0.00 2. Dust Control 5,000.00 0.00 5,000.00 0.00 3. Pavement/Curb Removal 10,000.00 0.00 10,000.00 0.00 Subtotal A $30,000.00 $0.00 $30,000.00 $0.00

B. Erosion & Sediment Control 4. Construction Entrance $1,100.00 $0.00 $1,100.00 $0.00 5. Tree Protection Fence 2,625.00 0.00 2,625.00 0.00 6. 12” Compost Filter Sock 5,300.00 0.00 5,300.00 0.00 7. 18” Compost Filter Sock 3,300.00 0.00 3,300.00 0.00 8. Inlet Protection 2,600.00 0.00 2,600.00 0.00 9. Final Stabilization & Grading 10,000.00 0.00 10,000.00 0.00 Subtotal B $24,925.00 $0.00 $24,925.00 $0.00

C. Stormwater Management 10. 8" HDPE $2,500.00 $0.00 $2,500.00 $ 0.00 11. 12” HDPE 2,880.00 0.00 2,880.00 0.00 12. 15” HDPE 12,775.00 0.00 12,775.00 0.00 13. 18” HDPE 5,890.00 0.00 5,890.00 0.00 14. 15” Yard Drains 2,000.00 0.00 2,000.00 0.00 15. Type C Inlets 5,000.00 0.00 5,000.00 0.00 16. Type M Inlets 10,000.00 0.00 10,000.00 0.00 17. Manhole 3,000.00 0.00 3,000.00 0.00

3 LOWM 254.28 April 2, 2021

Amount This Total Amount to Item Total Amount Release Released Remain

18. Water Quality Unit 15,000.00 0.00 15,000.00 0.00 19. Connection to Existing Storm Inlet 2,000.00 0.00 2,000.00 0.00 Subtotal C $61,045.00 $0.00 $61,045.00 $ 0.00

D. Miscellaneous 20. Concrete Curb $19,440.00 $0.00 $19,440.00 $0.00 21. Granite Curb 4,500.00 0.00 4,500.00 0.00 22. Pavement 126,750.00 0.00 126,750.00 0.00 23. Crosswalks 5,000.00 0.00 5,000.00 0.00 24. Bike Racks 5,000.00 0.00 5,000.00 0.00 25. Sidewalk 25,380.00 0.00 25,380.00 0.00 26. Porous Pavers 2,475.00 0.00 2,475.00 0.00 27. Road Control Monuments 2,000.00 2,000.00 2,000.00 0.00 28. Concrete Wheel Stops 825.00 0.00 825.00 0.00 29. Handicap Curb Ramps 20,000.00 0.00 20,000.00 0.00 30. Concrete Apron 2,500.00 0.00 2,500.00 0.00 31. Traffic Control/Wayfinding Signs 2,500.00 0.00 2,500.00 0.00 32. Pavement Marking 2,500.00 0.00 2,500.00 0.00 33. Maintenance/Protection of Traffic 5,000.00 0.00 5,000.00 0.00 34. Retaining Wall 2,500.00 0.00 2,500.00 0.00 35. Post-Development Signal Optimization 3,000.00 0.00 0.00 3,000.00 36. As-Built Plan 2,500.00 2,500.00 2,500.00 0.00 Subtotal D $231,870.00 $4,500.00 $228,870.00 $3,000.00

E. Landscaping 37. Evergreen Shrubs $7,440.00 $1,340.00 $6,340.00 $1,100.00 38. Deciduous Shrubs 7,440.00 1,340.00 6,340.00 1,100.00 39. Evergreen Trees 17,550.00 2,950.00 14,950.00 2,600.00 40. Deciduous Trees 18,200.00 3,500.00 15,500.00 2,700.00 41. Ground Cover/Perennials 15,000.00 0.00 15,000.00 0.00 42. Lighting/Glare Control 70,000.00 0.00 70,000.00 0.00 Subtotal E $135,630.00 $9,130.00 $128,130.00 $7,500.00

SUBTOTAL (A - E) $483,470.00 $13,630.00 $472,970.00 $10,500.00 Engineering & Contingencies 48,350.00 1,360.00 47,300.00 1,050.00 TOTAL $531,820.00 $14,990.00 $520,270.00 $11,550.00 Plus 10% 53,180.00 1,499.00 52,024.00 1,156.00 110% Cost of Improvements per Section 509 of the Municipal Code $585,000.00 $16,489.00 $572,295.00 $12,706.00 Release of Retainage 0.00 (5,000.00) 5,000.00 Total $16,489.00 $567,295.00 $17,706.00

4 LOWM 254.28 April 2, 2021

Release to Developer $16,489.00

Balance of Funds in Escrow Account $17,706.00

We recommend a release of escrow in the amount of $16,489.00. As there is currently a balance of $34,195.00, following this release of $16,489.00, the balance remaining in the account will be $17,706.00.

Two Declarations of Completion are attached and must be signed and dated by the Township Manager following authorization of the Board of Commissioners.

Please advise if we may be of further assistance in this matter.

Very truly yours,

Kevin J. Bowers, P.E. PENNONI ASSOCIATES Township Engineer

cc: Robert E. Duncan, Assistant Township Manager 15 Kings Grant Associates, LP, 125 East Elm Street, Suite 400, Conshohocken, PA 19428

TOWNSHIP TOWNSHIP ENGINEER

OF 75 E. Lancaster Avenue Ardmore, PA 19003 2376 LOWER MERION Telephone: (610) 645-6200 www.lowermerion.org MONTGOMERY COUNTY

LOWM 254.76 April 5, 2021

Christopher Leswing, Director of Building and Planning Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003

Re: Bryn Mawr Presbyterian Church Escrow Release No. 1

Dear Mr. Leswing:

We have received a request for release to escrow for the above referenced permit. Based on our field investigations and discussions with township staff, we recommend release as follows:

Amount This Total Amount to Item Total Amount Release Released Remain A. Site Preparation 1. Paving Removal/Clearing $2,000.00 $2,000.00 $2,000.00 $0.00 2. Demolition/Dust Control 8,000.00 8,000.00 8,000.00 0.00 Subtotal A $10,000.00 $10,000.00 $10,000.00 $0.00

B. Erosion & Sediment Control 3. Construction Entrance $1,100.00 $1,100.00 $1,100.00 $0.00 4. Tree Protection Fence 500.00 500.00 500.00 0.00 5. Compost Sock 4,000.00 2,000.00 2,000.00 2,000.00 6. Inlet Protection 1,400.00 700.00 700.00 700.00 7. Final Stabilization & Grading 4,000.00 2,000.00 2,000.00 2,000.00 Subtotal B $11,000.00 $6,300.00 $6,300.00 4,700.00

C. Site Construction 8. Granite Curb $2,000.00 $2,000.00 $2,000.00 $0.00 9. Concrete Apron 3,000.00 3,000.00 3,000.00 0.00 10. Porous Paving 44,000.00 44,000.00 44,000.00 0.00 11. Concrete Curb 2,000.00 2,000.00 2,000.00 0.00 12. Roadway Restoration 2,000.00 0.00 0.00 2,000.00 Subtotal C $53,000.00 $51,000.00 $51,000.00 $2,000.00

6 LOWM 254.76 April 5, 2021

Amount This Total Amount to Item Total Amount Release Released Remain

D. Stormwater Management 13. 8” HDPE $10,000.00 $10,000.00 $10,000.00 $0.00 14. Junction Box 2,000.00 2,000.00 2,000.00 0.00 15. System No. 1 15,000.00 15,000.00 15,000.00 0.00 16. System No. 2 15,000.00 15,000.00 15,000.00 0.00 17. Level Spreader 1,000.00 1,000.00 1,000.00 0.00 18. Connect to Existing Inlet/Repair 750.00 750.00 750.00 0.00 Subtotal D $43,750.00 $43,750.00 $43,750.00 $0.00

E. Miscellaneous 19. Road Control Monuments $3,600.00 $0.00 $0.00 $3,600.00 20. Lighting 70,000.00 0.00 0.00 70,000.00 21. Traffic Control Signs 1,500.0 0.00 0.00 1,500.00 22. Pavement Marking 1,500.00 0.00 0.00 1,500.00 23. As Built Plan 2,000.00 0.00 0.00 2,000.00 Subtotal E $78,600.00 $0.00 $0.00 $78,600.00

F. Landscaping 24. Evergreen Shrubs $29,000.00 $5,000.000 $5,000.00 $24,000.00 Subtotal F $29,000.00 $5,000.00 $5,000.00 $24,000.00

SUBTOTAL (A - F) $225,350.00 $116,050.00 $116,050.00 $109,300.00 Engineering & Contingencies 22,535.00 11,605.00 11,605.00 10,930.00 TOTAL $247,885.00 $127,655.00 $127,655.00 $120,230.00 Plus 10% 24,790.00 12,766.00 12,766.00 12,024.00 110% Cost of Improvements per Section 509 of the Municipal Code $272,675.00 $140,421.00 $140,421.00 $132,254.00 Retainage (14,042.00) (14,042.00) 14,042.00 Total $126,379.00 $126,379.00 $146,296.00

We recommend a release of escrow in the amount of $126,379.00. As there is currently a balance of $272,675.00, following this release of $126,379, the balance remaining in the account will be $146,296.00.

7 LOWM 254.76 April 5, 2021

Two Declarations of Completion are attached and must be signed and dated by the Township Manager following authorization of the Board of Commissioners.

Please advise if we may be of further assistance in this matter.

Very truly yours,

Kevin J. Bowers, P.E. PENNONI ASSOCIATES Township Engineer

cc: Robert E. Duncan, Assistant Township Manager Bryn Mawr Presbyterian Church

TOWNSHIP TOWNSHIP ENGINEER

OF 75 E. Lancaster Avenue Ardmore, PA 19003 2376 LOWER MERION Telephone: (610) 645-6200 www.lowermerion.org MONTGOMERY COUNTY

LOWM 248.33 April 5, 2021

Christopher Leswing, Director of Building and Planning Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003

Re: 601, 609, 615 and 620 Righters Ferry Road Escrow Release No. 1

Dear Mr. Leswing:

We have received a request for release to escrow for the above referenced permit. Based on our field investigations and discussions with township staff, we recommend release as follows:

Amount This Total Amount to Item Total Amount Release Released Remain A. Site Preparation 1. Clearing & Grubbing $2,000.00 $2,000.00 $2,000.00 $0.00 2. Building Demolition/Dust Control 10,000.00 10,000.00 10,000.00 0.00 3. Utility Removal/Seal 5,000.00 5,000.00 5,000.00 0.00 4. Pavement/Curb Removal 10,000.00 10,000.00 10,000.00 0.00 Subtotal A $27,000.00 $27,000.00 $27,000.00 $0.00

B. Erosion & Sediment Control 5. Construction Entrance $1,100.00 $1,100.00 $1,100.00 $0.00 6. Silt Fence 7,600.00 7,600.00 7,600.00 0.00 7. Inlet Protection 4,000.00 4,000.00 4,000.00 0.00 8. Final Stabilization & Grading 10,000.00 10,000.00 10,000.00 0.00 Subtotal B $22,700.00 $22,700.00 $22,700.00 $0.00

C. Stormwater Management 9. 8" HDPE Pipe $10,000.00 $10,000.00 $10,000.00 $0.00 10. 18” CAP 71,000.00 71,000.00 71,000.00 0.00 11. Type C Inlets 20,000.00 20,000.00 20,000.00 0.00 12. Type M Inlets 14,000.00 14,000.00 14,000.00 0.00 13. Manholes 3,000.00 3,000.00 3,000.00 0.00 14. Raingarden 20,000.00 0.00 0.00 20,000.00 15. Vegetated Swale 10,000.00 0.00 0.00 10,000.00 16. Connection to Existing Storm Sewer 2,000.00 2,000.00 2,000.00 0.00 Subtotal C $150,000.00 $120,000.00 $120,000.00 $30,000.00

9 LOWM 248.33 April 5, 2021

Amount This Total Amount to Item Total Amount Release Released Remain

D. Miscellaneous 17. Concrete Curb $113,400.00 $113,400.00 $113,400.00 $0.00 18. Crosswalk 18,000.00 18,000.00 18,000.00 0.00 19. Bollards 2,200.00 2,200.00 2,200.00 0.00 20. Bike Rack 7,500.00 7,500.00 7,500.00 0.00 21. Walking Path/Trail 195,000.00 160,000.00 160,000.00 35,000.00 22. Fire Hydrant 5,000.00 5,000.00 5,000.00 0.00 23. Traffic Control Signs/Wayfinding Signs 2,500.00 2,500.00 2,500.00 0.00 24. Pavement Marking 2,500.00 2,500.00 2,500.00 0.00 25. Maintenance/Protection of Traffic 5,000.00 5,000.00 5,000.00 0.00 26. As-Built Plan 2,500.00 0.00 0.00 2,500.00 Subtotal D $353,600.00 $316,100.00 $316,100.00 $37,500.00

E. Landscaping 27. Deciduous Trees $113,750.00 $0.00 $0.00 $113,750.00 28. Evergreen Trees 18,900.00 0.00 0.00 18,900.00 29. Deciduous Shrubs 15,360.00 0.00 0.00 15,360.00 30. Evergreen Shrubs 15,360.00 0.00 0.00 15,360.00 31. Site Lighting 135,000.00 0.00 0.00 135,000.00 Subtotal E $298,370.00 $0.00 $0.00 $298,370.00

SUBTOTAL (A - E) $851,670.00 $485,800.00 $485,800.00 $365,870.00 Engineering & Contingencies 85,167.00 48,580.00 48,580.00 36,587.00 TOTAL $936,837.00 $534,380.00 $534,380.00 $402,457.00 Plus 10% 93,684.00 53,438.00 53,438.00 40,246.00 110% Cost of Improvements per Section 509 of the Municipal Code $1,030,521.00 $587,818.00 $587,818.00 $442,703.00 Retainage (58,782.00) (58,782.00) 58,782.00 Total $529,036.00 $529,036.00 $501,485.00

Release to Developer $529,036.00

Balance of Funds in Escrow Account $501,485.00

We recommend a release of escrow in the amount of $529,036.00. As there is currently a balance of $1,030,521.00, following this release of $529,036.00, the balance remaining in the account will be $501,485.00.

10 LOWM 248.33 April 5, 2021

Two Declarations of Completion are attached and must be signed and dated by the Township Manager following authorization of the Board of Commissioners.

Please advise if we may be of further assistance in this matter.

Very truly yours,

Kevin J. Bowers, P.E. PENNONI ASSOCIATES Township Engineer

cc: Robert E. Duncan, Assistant Township Manager Bridgehead, LP

11 AGENDA ITEM INFORMATION

ITEM: WAIVER OF TOWNSHIP CODE REGULATING OPEN CONTAINERS DURING RESTAURANT WEEK FOR AN EVENT HOSTED BY ARDMORE INITIATIVE ON MAY 8 AND MAY 15, 2021

Consider for recommendation to the Board of Commissioners approval of a waiver of Township Code § 111- 4.2 as requested by Ardmore Initiative to permit patrons to possess open containers with alcoholic beverages in public rights-of-way within a regulated area on May 8, 2021 and May 15, 2021 between the hours of 5:00 p.m. and 8:00 p.m. subject to providing the insurance certificate documenting adequate coverage as required by the Township and compliance with COVID safety regulations. PUBLIC COMMENT ATTACHMENTS: Description Type Issue Briefing Issue Briefing

12 TOWNSHIP OF LOWER MERION Building & Planning Committee

Issue Briefing

Topic: Waiver of Township Code §111-4.2 for an Ardmore Initiative Event

Prepared By: Eric Persson, Economic Development Specialist

Date: April 9, 2021

I. Action to Be Considered by The Board:

Waive Township Code § 111-4.2 as requested by applicant Ardmore Initiative to permit patrons to possess open containers with alcoholic beverages in public rights-of-way within a regulated area on May 8, 2021 and May 15, 2021 between the hours of 5:00PM and 8:00PM.

II. Why This Issue Requires Board Consideration:

A provision in the First-Class Township Code allows for a market on Township property or rights-of-way. This provision allows the Board of Commissioners to permit this event by providing and establishing regulations for the area. This event requires a waiver of Township Code § 111-4.2 to serve and consume alcohol in a public right-of-way and to possess open containers in a public place for this day and event.

Code § 111-4.2 states: No person shall drink an alcoholic beverage, nor shall any person, firm, corporation or other organization possess an open container containing an alcoholic beverage, whether inside or outside of a motor vehicle or any part thereof, on or in any public place within the Township of Lower Merion.

III. Current Policy or Practice (If Applicable):

Current policy prohibits the consumption of alcohol in open containers in a public place. This policy also requires approval from the Board of Commissioners to serve and consume alcohol in public right-of-way. This code provision has been waived for this and similar special events in Ardmore and other commercial districts in the Township.

IV. Other Relevant Background Information:

The proposed events are to be held on the Saturdays of May 8 and May 15, 2021 with no rain dates scheduled. This controlled area is proposed to be a centralized meeting area to encourage persons to purchase take-out meals from local restaurants during the specified times and then enjoy al fresco seating and music in and around Schauffele Plaza. In

addition to the purchased meals, Ardmore Initiative would like to allow patrons to bring alcoholic beverages into the seating area if the beverages were purchased at local restaurants and are in closed containers until seated in the controlled area.

The initial set-up of each event will start at 4:00PM and clean-up will end by 9:00PM. The event will operate from approximately 5:00PM to 8:00PM. The sponsor will contact nearby businesses to notify them of the event and lot restrictions. Each establishment will maintain their respective requirements to prevent the sale of alcoholic beverages or use by those underage. Ardmore Initiative will provide their own event liability insurance and monitor the area with volunteers certified under the Responsible Alcohol Management Program (RAMP) as established by the PLCB. Regarding transporting closed containers from restaurants to the controlled seating area; the Police Department will honor the conditions of the waiver including walking from a restaurant to the seating area with a plastic cup if approved by the Board of Commissioners.

The event sponsors propose to enforce social distancing requirements within the controlled area within the Plaza area and a portion of the Municipal lot (see map). Tables will be at least six feet apart and attendees will be required to wear masks until seated. Masks will be available if needed and hand sanitizer will be available at every table.

Tables must be reserved in advance, with no more than six persons per table. The reservations will be scheduled as two (2) 1.5 hours seatings each Saturday, and tables will be sanitized between the two seatings on each Saturday.

The live music will be sponsored by Ardmore Music Hall. Nearby parking will be available in the lower portions of the Municipal lot and at the Cricket Avenue Municipal Parking Garage.

V. Impact on Township Finances:

The event sponsors will purchase the use of the metered spaces in the northern portion of Schauffele Plaza Municipal Lot 6.

VI. Staff Recommendation:

Staff recommends that the alcohol waiver be approved as requested subject to the Ardmore Initiative providing the required insurance certificate documenting adequate coverage as required by the Township and compliance with COVID safety regulations.

15 AGENDA ITEM INFORMATION

ITEM: AUTHORIZATION TO ADVERTISE A PROPOSED ORDINANCE - CHAPTER 92, HOUSING - PROPERTY MAINTENANCE - ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE 2018

Consider for recommendation to the Board of Commissioners authorizing the Township Secretary to advertise notice of intent to adopt an Ordinance to amend the Code of the Township of Lower Merion, Chapter 92 thereof, entitled Housing - Property Maintenance, to provide for the adoption of the International Property Maintenance Code 2018, including Appendix A, “Boarding Standards”, providing regulations for the maintaining of property, demolition of structures, inspection of structures, light, ventilation and space requirements for structures, periodic maintenance of billboards, providing penalties for the violation of the Code, providing for the inspection and licensing of residential rental units, and providing for the regulation and permitting of certain dumpsters. PUBLIC COMMENT ATTACHMENTS: Description Type Issue Briefing - 2018 Maintenance Code Issue Briefing Draft Ordinance - 2018 Maintenance Code Ordinance

16 TOWNSHIP OF LOWER MERION Building & Planning Committee

Issue Briefing

Topic: International Property Maintenance Code Update

Prepared by: Robert Duncan, Assistant Manager

Date: March 3, 2021

I. Action To Be Considered By The Board:

Authorization to advertise an Ordinance to amend the Code of the Township of Lower Merion, Chapter 92 thereof, entitled Housing - Property Maintenance, to provide for the adoption of the International Property Maintenance Code 2018, including Appendix A, “Boarding Standards”, providing regulations for the maintaining of property, demolition of structures, inspection of structures, light, ventilation and space requirements for structures, periodic maintenance of billboards, providing penalties for the violation of the Code, providing for the inspection and licensing of residential rental units, and providing for the regulation and permitting of certain dumpsters..

II. Why This Issue Requires Board Consideration:

An ordinance to amend the Township Code is subject to the approval of the Board of Commissioners.

III. Current Policy Or Practice (If Applicable):

N/A

IV. Other Relevant Background Information:

Staff has worked with the Township Solicitor to prepare an ordinance to adopt the 2018 International Property Maintenance Code (PMC). The Township’s current PMC is the 2009 International PMC.

As in the past we have also included amendments to deal with local requirements. The more substantial local amendments include a requirement for all rental units and rooming houses to obtain an annual license to operate in the Township. There are also a couple new local amendments being added in this draft ordinance as summarized below.

A new section 302.12 is added regulating abandoned work sites requiring fencing and the removal of any construction debris from the worksite.

A new section 310 is being added establishing a required inspection program for all off premises billboard signs.

Section 504.4 requiring sewer/utility vents, cleanouts and covers to be capped and properly secured.

Section 504.5 requiring hose bids to have a vacuum breaker installed when other plumbing work requiring a permit is being performed on the building.

Section 504.6 requiring sinks to have strainers installed.

Section 504.7 requiring backflow preventers to be installed if a sewer backup has occurred from the Township’s Sanitary Sewer system into the building.

V. Impact on Township Finances:

There will be no impact on Township finances.

VI. Staff Recommendation

Staff recommends the Board of Commissioners authorize the advertisement of this ordinance.

AN ORDINANCE

NO. ______

AN ORDINANCE To Amend The Code Of The Township Of Lower Merion, Chapter 92 Thereof, Entitled Housing - Property Maintenance, To Provide For The Adoption Of The International Property Maintenance Code 2018, Including Appendix A, “Boarding Standards”, Providing Regulations For The Maintaining Of Property, Demolition Of Structures, Inspection Of Structures, Light, Ventilation And Space Requirements For Structures, Periodic Maintenance of Billboards, Providing Penalties For The Violation Of The Code, Providing For The Inspection And Licensing Of Residential Rental Units, And Providing For The Regulation And Permitting Of Certain Dumpsters.

The Board of Commissions of the Township of Lower Merion hereby ENACTS and ORDAINS:

Section 1. The Code of the Township of Lower Merion, Chapter 92 thereof, entitled Housing - Property Maintenance, §92.1, shall be amended to provide as follows:

§ 92-1. Adoption of Standards.

A certain document, three (3) copies of which have been and are presently maintained on file in the office of the Secretary of the Township of Lower Merion, being marked and designated as "International Property Maintenance Code 2018" be and is adopted as the Property Maintenance Code of the Township of Lower Merion, creating a code of property maintenance regulations for the protection of public health, safety, and welfare as herein provided; and each and all of the regulations of the International Property Maintenance Code 2018, including Appendix “A” Boarding Standards, except as provided in §92-2 are hereby referred to, adopted and made a part hereof as if fully set out in this Chapter, with the additions, insertions, deletions, and changes, if any, outlined in §92-2.

Section 2. The Code of the Township of Lower Merion, Chapter 92, entitled Housing - Property Maintenance, §92-2, shall be deleted and replaced in its entirety to provide as follows:

§ 92-2. Insertions, additions and revisions.

A. In Section 101.1, insert "Township of Lower Merion".

B. In Section 103.5, insert “Fees and costs shall be paid to the township as set forth in the Township Schedule of Fees, as adopted and amended from time to time by the Board of Commissioners.”

C. Section 104.2 shall provide as follows:

104.2 Inspections: In order to perform his duties in safeguarding the health and safety of occupants of dwellings and of the general public, the Code Official or his duly authorized representative is hereby authorized and directed to investigate complaints alleging violations of this Code; and further it is deemed to be in the public interest for the Code Office, or his duly authorized representative, to conduct inspections, surveys, or examinations of areas when undue lapse of time has expired since the last official inspection of any such area of when the general condition of that area or the types of properties located within the area warrants inspection to determine the condition of dwellings, dwelling units, buildings, structures, apartments, apartment houses, and premises located within the Township of Lower Merion for those purposes of identifying, correcting, preventing, abating, and arresting the development of conditions which are hazardous to the public health and safety. The Code Official, or his duly authorized representative, is hereby authorized to conduct investigations, inspections, surveys and examinations to determine compliance with the provisions of the Code during all reasonable hours after presenting proper identification to the owner, agent, or tenant in charge thereof and after obtaining consent from the person in charge.

D. Section 104.3 shall provide as follows:

104.3 Right of Entry: In the event said Code Official, or his duly authorized representative, is unable to obtain consent of the owner, agent, or tenant in charge, to investigate, inspect, examine or survey the dwelling, dwelling units, buildings, structures, apartments, apartment houses or premises, he shall obtain a warrant to inspect from the District Justice to conduct such investigation, inspection, examination, or survey by making application to the District Justice stating by affidavit that he has been refused entry and that he has reason to believe based upon complaint that a violation of this Code exists, or that pursuant to the authority under Section 104.2 hereof, he is conducting an inspection, examination or survey at this time because of a lapse of time since the last official inspection, examination or survey or because of the condition of the area in which the particular property to be inspected, examined or surveyed; provided, that nothing in this section shall be constructed to prevent the entry of the Code official, or his duly authorized representatives, at any time when an actual emergency exists which may involve potential danger to life or severe property damage.

E. Section 106.1 shall provide as follows:

106.1 Unlawful Acts: It shall be unlawful for any person, firm or corporation to maintain any property or to erect, construct, alter, extend, repair, remove, demolish, use, permit the use of, occupy, or permit the occupancy of any structure or equipment regulated by this Code, or cause the same to be done, contrary to or in conflict with or in violation of any of the provisions of this Code.

F. Section 106.2 shall provide as follows:

106.2 Notice of Violation: Whenever the Code Official observes an apparent or actual violation or has reasonable grounds to believe there is a violation of a provision of this Code or other codes or ordinances under the code official's

jurisdiction, the code official shall prepare a written notice of violation. This notice may be by citation or may be a notice describing the condition deemed unsafe and specifying time limits for the required repairs or improvements to be made to render the building, structure or premises safe and secure. The citation or the written notice of violation of this code shall be served upon the owner, a duly authorized agent or upon the occupant or other person responsible for the conditions under violation. Such notice of violation shall be served in any of the following manners: by delivering a copy of same to such person or persons by ordinary mail to the last known post office address, by delivering it in person or by delivering it to and leaving it in the possession of any person in charge of the premises, or by affixing a copy thereof, in a conspicuous place at the entrance door or avenue of access; and such procedure shall be deemed the equivalent of personal notice.

G. Section 106.3 shall provide as follows:

106.3 Prosecution: In case any notice of violation is not promptly complied with, the Code Official shall proceed against the violator by citation or by instituting an appropriate action or proceeding at law to exact the penalty provided in Section 106.4. The Code Official may also request the Township Solicitor to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:

1. to restrain, correct or remove the violation or refrain from any further execution of work;

2. to restrain or correct the erection, installation, or alteration of such structure;

3. to require the removal of work in violation; or

4. to prevent the occupation or use of the structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this Code, or in violation of a plan or specifications under which an approval, permit or certificate was issued.

H. Section 106.4 shall provide as follows:

106.4 Penalty for Violation: Any person who shall violate a provision of this Code or who shall fail to comply with any of the requirements thereof or who shall maintain property or use, erect, construct, alter, or repair a building or structure in violation of an approved plan or of a directive of the Code official or of a permit or certificate issued under the provisions of this Code shall be guilty of a summary offense upon issuance of a citation and be liable upon conviction to a fine or penalty for each such offense not exceeding One Thousand Dollars ($1,000.00) which sum can likewise be collected by suit brought in the name of the Township of Lower Merion before any magisterial district judge or recovered as such debts of a like amount are now by law recoverable. All fines and penalties collected for the violation of this code shall be paid over to the Township treasury. Each day that a violation continues shall be deemed a separate offense.

I. Sections PM 107.1, 107.2 and PM 107.3 shall be deleted in their entirety.

J. Section 108.2 shall be amended to provide as follows:

108.2 Closing of Vacant Structures, Removal of Debris: If the structure or part thereof is vacant and unfit for human habitation, occupancy or use and is not in danger of structural collapse, or if debris is strewn about the premises, the Code Official shall be permitted to post a placard of condemnation on the premises and order the structure closed and/or the debris removed so it will not be an attractive nuisance to youngsters. The Boarding Standards can be found in Appendix A. Upon failure of the owner to close up the premises and/or remove the debris within the time specified in the order, the Code Official shall cause the structure to be closed and/or the debris removed through any available public agency, or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located or the debris found and shall be a lien upon such real estate.

K. Section 110.5 shall be inserted to provide as follows:

110.5 Removal of Structures: Whenever the owner of a property fails to comply with a demolition order within the time period prescribed, the Code Official shall request the legal representative of the jurisdiction to institute an action at law or in equity against the property owner to obtain an order authorizing the Code Official to raze and remove such structure or contract for the razing and removal of such structure at the expense of the owner of the property. At the completion of such razing and removal, the jurisdiction's legal representative shall place a lien in the amount of the Township's costs against the property and may institute any proceedings in law or in equity to provide for the collection of the Township's costs.

L. Section 111 Means of Appeal, shall be deleted in its entirety and replaced with the following:

111.1 Appeals: An appeal from any decision of the Director of Building Regulations may be taken to the Building and Planning Committee of the Board of Commissioners. Such appeal shall be made in writing within ten (10) days after such decision has been made. The appeal shall be verified by an affidavit and shall be filed with the Township Secretary. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. A prompt decision of such appeal shall be made by the Building and Planning Committee. In making a decision, the Building and Planning Committee may vary or modify any provision of this code where there are practical difficulties in the way of executing the strict letter of the law so that the spirit of the law shall be observed, public safety secured, and substantial justice done. Such variation or modification shall be the minimum necessary in order to grant relief. Every action of the Building and Planning Committee on such appeals shall be resolution, copies of which shall be certified to the Director of Building Regulations and the appellant.

M. A new Section 113.0 Licensing, shall be added to provide as follows:

SECTION 113.0 Licensing

113.1 License Required: No person, firm or corporation shall operate any residential rental unit or rooming house unless that person, firm or corporation holds a current operating license issued by the Department of Building Regulations and Permits for the specific residential rental unit or rooming house named therein. Such license shall be valid until December 31st in the year in which it is issued, unless revoked, and shall be renewed for successive periods of one (1) year. Licenses are not transferable.

113.2 Application: Applications for licenses to operate residential rental units or rooming houses and for renewal thereof shall be on forms provided by the Department of Building Regulations and Permits. Such forms shall set forth the owner's name and address, the number of residential rental units or rooming units, the name of the person, firm or corporation located in the township responsible for the care and maintenance of the building and any other information which the Department of Building Regulations and Permits may require.

113.3 Revocation: A license may be revoked for any violation of the Property Maintenance Code or any other regulation of the Township of Lower Merion relating to the use and occupancy of improved real estate.

113.4 Residency Requirement: A license will not be issued or renewed to a person, firm or corporation who does not either reside in the Township of Lower Merion or have an office in the township, unless that person, firm or corporation designates, in writing, an agent in the township for the receipt of any notice of violation.

113.5 Residential Rental Unit: Each application for a license to operate a residential rental unit shall be accompanied by a fee set forth in the then current fee schedule which shall have been adopted by resolution or ordinance of the Board of Commissioners.

113.6 Rooming House Fee: Each application for a license to operate a rooming house shall be accompanied by a fee set forth on the then current fee schedule which shall have been adopted by resolution or ordinance of the Board of Commissioners.

113.7 Occupant Registration: The owner or agent of any residential rental unit located in the Township of Lower Merion shall submit to the Department of Building Regulations and Permits a list of the names of all occupants eighteen (18) years of age and older residing in each rental unit. Said list shall be submitted within sixty (60) days from the effective date of this chapter and shall be updated annually thereafter or if there is any change in occupancy.

113.8 Maintenance of Common Areas; Emergency Access: In every multiple- family apartment house, the owner shall be responsible or shall engage a person or persons who shall be capable of and responsible for the repair and maintenance of

the common areas of the dwelling and responding to service requests and emergency needs, including entry into units where an emergency appears to exist. Such person or persons shall be situated close enough to the dwelling as to be able to, and shall, service tenant and emergency calls with reasonable dispatch, provided that in the event of such multiple dwellings or combination of apartment houses on the same parcel containing forty-five (45) or more units, such person or persons shall be situated on the premises. The owner shall conspicuously post in the common areas of the dwelling and advise the tenants individually of the names, addresses and telephone numbers of such person or persons.

113.9 Addressing: All dwelling units shall have a number or letter designation placed on the main entrance door to each unit.

N. In Section 202.0 General Definitions, the definitions of hotel, multi-family apartment house, one-family dwelling, two-family dwelling, family, residential rental unit and rooming house shall be amended to provide as follows:

FAMILY: Any number of individuals living and cooking together as a single housekeeping unit, but not more than three (3) unrelated individuals. The term unrelated individual shall be as defined in the definition of Family in Chapter 155 of the code of the Township of Lower Merion.

HOTEL: A building comprised of a group of ten (10) or more lodging units that provide temporary residential accommodation for tourism and business purposes, typically with .space and services for dining, meeting, and recreation.

MULTI-FAMILY APARTMENT HOUSE: A building designated for and occupied exclusively as a residence for three (3) or more families living independently of one another.

ONE-FAMILY DWELLING: A building containing one (1) dwelling unit.

RESIDENTIAL RENTAL UNIT: Any dwelling unit, including one-family dwelling units, let for occupancy.

ROOMING HOUSE: A dwelling, not a one-family dwelling or two-family dwelling, apartment house or hotel, providing lodging without meals and having lodging accommodations for less than ten (10) guests, or as otherwise defined Chapter 155 of the Code of the Township of Lower Merion.

TWO-FAMILY DWELLING: A building containing two (2) dwelling units.

O. Section 302.4 shall be amended by inserting a height limit for weeds or plant growth of ten (10) inches.

P. New Sections 302.10 Outdoor Storage in Residential Areas and 302.11 Tree Maintenance shall be added to provide as follows:

302.10 Outdoor Storage in Residential Areas: Not more than one (1) boat, house trailer, pop-up trailer, camper top motor home, unregistered and/or uninspected motor vehicle, or other similar device for the transportation of persons on highways or water, or the accommodation of persons for temporary living purposes shall be parked or otherwise stored out-of-doors on any residentially zoned or used property. Vehicles/equipment regulated under this section shall be parked on a gravel or paved surface.

302.11 Tree Maintenance: Dead or defective trees, or dead branches on trees, in a location outside of a right of way that create a risk of injury or damage to persons or to improved property (hazard trees) shall be removed.

Q. A new Section 302.12 Abandoned Worksites, shall be added to provide as follows:

302.12 Abandoned Worksites: Any active construction site which ceases operations, for whatever reason, for a period exceeding 180 days shall be considered abandoned. When that occures, a temporary construction fence shall be placed around the worksite, all construction materials shall be removed from the public view, all trash and debris shall be removed from the site and all erosion control barriers shall be installed and maintained until construction resumes.

R. In Section 304.14, insert the dates “April 1st to October 31st”

S. Section 305.3 shall be amended to add the following language:

“All shower walls and enclosures shall have non-absorbent surfaces.”

T. A new Section 308.2.3 Dumpsters, shall be added to provide as follows:

308.2.3 Dumpsters: Dumpsters may not be stored unenclosed on residential or non-residential property and may not be placed unless a permit therefore has been issued by the Township upon payment of a fee. Exceptions: (a) those permitted pursuant to Chapter 82 of the Lower Merion Township Code; and (b) those utilized for the removal of debris and rubbish in conjunction with an active construction or renovation project, provided they are removed within five days following completion of the project. Garbage, as defined in this code, may not be placed in an open, or uncovered, dumpster.

U. A new Section 310 Periodic Maintenance of Billboards shall be added to provide as follows:

Section 310 Periodic Inspection of Billboards

310.1 Definitions: The following definitions shall apply to this Section PM-310:

BILLBOARD: Any off premises freestanding sign with a mean height above grade in excess of 19’ to the top of the sign and a sign face in excess of 60 square feet.

PROFESSIONAL: A Commonwealth of Pennsylvania licensed Professional Engineer experienced in the practice of structural engineering.

SAFE: A condition of a billboard, structure, or building wall or any appurtenance thereto that is neither in Unsafe condition nor Safe with a Repair and Maintenance Program.

SAFE WITH A REPAIR AND MAINTENANCE PROGRAM: A condition of a Billboard or any part thereof that the Professional does not consider Unsafe at the time of inspection but requires repairs or maintenance within a time period designated by the Professional in order to prevent its deterioration into an Unsafe condition.

UNSAFE CONDITION: A condition of a Billboard or part thereof that is dangerous to persons or property and requires prompt remedial action.

310.2 Inspections Required: The owner of each Billboard shall be responsible for retaining a Professional to conduct annual inspections, and to prepare and file a report on such inspection as required by this Section.

1. For existing Billboards, the first inspection must be performed by December 31st, 2021. For all other Billboards, the first inspection shall be conducted, and the required report shall be filed with the Lower Merion Building and Planning Department, within two years after the certificate of occupancy was issued. 2. Following the Initial Inspection, a Billboard shall be re-inspected, and the required report shall be filed every two years based on the original schedule.

310.3 Inspection Procedures:

1. Before inspecting a Billboard, the retained Professional shall review previous reports, inspections, and evidence of repairs made in the past year, including confirmation that all areas determined to require remediation in the previous year have been addressed.

2. The inspection shall be conducted by or under the supervision of the Professional and performed to the best of his/her knowledge and belief. The Professional shall determine the extent of the inspection required, based upon the known history of the Billboard, the nature of the materials used, and the conditions observed. The Professional shall determine methods employed in the inspection but need not be physically present at the location where the inspection is made provided adequate photos or video recordings are submitted to the design professional to document the conditions and prepare the required inspection report.

3. The methods used to inspect a Billboard shall permit a physical, hands-on inspection of the structure. The Professional may use other methods of inspection as deemed appropriate.

4. The Professional shall employ the appropriate professional standard of care to detect distressed conditions such as corrosion, delaminating, separating, splitting or fracturing of material or components as well as movement or displacement indicative of unsound materials or loss of structural support. If a distressed condition is identified, the Professional shall order any other inspections and/or tests that may be required to determine the significance and probable cause of the observed distress.

5. During the course of the inspection, photographs shall be taken and/or sketches made to properly document the location of all conditions observed that are either Unsafe or Safe with a Repair and Maintenance Program.

6. Upon discovery of any Unsafe condition the Professional shall immediately notify the owner of the structure by electronic mail; and shall, within 12 hours of discovery, notify the code official in writing and by electronic mail.

310.4 Report Requirements:

1. The Professional shall submit to the owner of the Billboard a written report as to the result of each inspection, certifying that the inspection was performed and completed in accordance with this Code, and detailing all conditions not classified as Safe. The Professional shall also submit a summary of the written report to the code official in a form determined by the code official. The code official may by regulation impose a processing fee, not to exceed one hundred dollars ($100), that must be paid upon submission of the summary of the written report. If the report identifies an Unsafe condition, then the Professional, within 24 hours of completion of the report, shall file the full report with the code official in writing and in an electronic format determined by the code official. The owner or its agent shall retain all written reports submitted pursuant to this Section and keep them readily available for inspection by the code official.

2. The report shall include, on the front page, the name and license number of the Professional and shall be signed, sealed and dated by the Professional in accordance with the professional registration laws of the Commonwealth of Pennsylvania, and shall include:

(a) The address and the location from the nearest intersection.

(b) The name, mailing address, and telephone number of the owner of the Billboard and of the owner's agent or person in charge, possession or control of the Billboard, if any.

(d) A brief history of any repairs, if available.

(e) The date of the start and completion of the inspection, a detailed description of the procedures used in making the inspection, and the extent and location of all physical inspections performed.

(f) A report of all conditions including but not limited to significant deterioration and movement observed. The report shall classify each such condition as Safe, Unsafe, or Safe with a Repair and Maintenance Program.

(g) If repairs are required, the probable causes of the reported conditions.

(h) The status of the maintenance.

(i) For any conditions listed in the previously filed report (if any), whether such conditions have been repaired and/or maintained as recommended in that report.

(j) Recommendations for repairs or maintenance, if appropriate, including the recommended time frame for the repairs or maintenance to be performed.

(k) The classification of the Billboard according to the following scheme:

(i) "Unsafe," if there is at least one unsafe condition.

(ii) "Safe with a Repair and Maintenance Program," if there is a condition that is "Safe with Repair and Maintenance Program" and there are no Unsafe conditions.

(iii) "Safe", in all cases other than a or b.

(l) Photographs and/or sketches documenting the locations of any conditions that are either Unsafe or Safe with a Repair and Maintenance Program.

(m) A statement by the Professional indicating which repairs and/or maintenance require the obtaining of work permits prior to their commencement.

(n) A statement signed by the owner or agent of the building, acknowledging receipt of a copy of the report and acknowledging all required repairs and/or maintenance (if any) and the recommended time frame for performing such repairs and/or maintenance.

(o) The Professional's certification that the physical inspection was performed in accordance with applicable rules and regulations and within the appropriate professional standard of care.

(p) The Professional's seal and signature.

(q) Such other matters as the code official may by regulation require.

3. If the initial report is amended, the Professional shall submit an amended report within thirty (30) days of the initial submission. The amended report shall clearly indicate any change from the initial report and all reasons for such changes.

310.5 Unsafe Conditions:

1. Within twenty-four (24) hours of being notified of an Unsafe condition by a Professional, the owner of a Billboard shall take any actions necessary to protect public safety, such as closing sidewalks, providing fences, and/or safety netting. Such actions shall be considered as an effort to remedy an emergency situation and appropriate permit applications shall be submitted within the next three (3) days to the code official.

2. Within ten (10) days of the receipt or filing of a report identifying an Unsafe condition, the owner of a Billboard shall commence work to correct the condition and work shall continue without interruption until the Unsafe condition has been corrected, unless there has been an unforeseen delay (e.g. weather, labor strike). Within two weeks after the Unsafe condition has been corrected, the Professional shall reinspect the Billboard and file with the code official a detailed amended report stating the condition of the Billboard.

3. If the condition of the billboard represents an immediate hazard and the potential for an imminent collapse, the owner and the Township shall be notified immediately and any safeguards to protect the area shall be started immediately.

310.6 Conditions That Are Safe With a Repair and Maintenance Program: The owner of the Billboard is responsible for ensuring that the conditions described in the report as "Safe with a Repair and Maintenance Program" are repaired and the actions identified by the Professional are completed within the time frame designated by the Professional or by such time necessary to prevent a condition from becoming an Unsafe condition, whichever is sooner

310.7 Extensions:

1. The code official may grant an extension of time of up to ninety (90) days to begin the repairs required to remove an Unsafe condition or to repair a Safe with Repair and Maintenance Program condition, after receipt and review of an initial extension application submitted by the Professional which includes:

(a) Proof that the premises have been made safe.

(b) A copy of the contract indicating the scope of work necessary to remedy the Unsafe condition(s).

(c) The Professional's estimate of the length of time required for repairs, and a notarized affidavit by the owner of the Billboard or its agent that work will be completed within such time.

2. A further extension of time will be considered by the code official only upon receipt and review of a further extension application which details that one of the following is met:

(a) The work has been substantially completed, but there has been an unforeseen delay (e.g. weather, labor strike).

(b) Unforeseen circumstances.

V. New sections 504.4, Sewer/utility vents, cleanouts and covers, 504.5 Hose Bibs, 504.6 Sink strainers and 504.7 Backflow Preventors shall be added to provide as follows:

504.4 Sewer/utility vents, cleanouts and covers: All sewer/utility vents and cleanouts shall be capped and properly secured.

504.5 Hose bibs: All hose bibs shall have a vacuum breaker installed in accordance with the Uniform Construction Codes adopted by Lower Merion Township when plumbing work is being performed in the building that requires a plumbing permit.

504.6 Sink strainers: All sinks shall have a strainer installed in accordance with the Uniform Construction Codes adopted by Lower Merion Township.

504.7 Backflow Preventers: After a flooding condition caused by a backup from the Township’s sanitary sewer system, a backwater valve shall be installed in the building drain, branch of the building drain or horizontal branch serving any plumbing fixture whose flood level rim is below the elevation of the next upstream manhole cover in the public sewer servicing the building.

W. Section 602.3 shall be amended to provide as follows:

602.3 Heat: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat so as to maintain a temperature of not less than sixty-eight degrees Fahrenheit 68°F(20°C) in all habitable rooms, bathrooms and toilet rooms. All heat shall be supplied exclusively by a central-type heating system or systems and shall not be augmented by any portable-type heaters or cooking devices. The temperature shall be measured at a point three (3) feet above the floor and three (3) feet from any exterior wall

Exception: When the exterior temperature falls below zero degrees Fahrenheit (0°F)(-17.78°C)and the heating system is operating at its full capacity, a minimum room temperature of sixty-three degrees Fahrenheit (63°F.)(17.22°C) shall be maintained at all times.

X. Section 602.4 shall be amended to provide as follows:

602.4 Other Structures: Every owner of any structure who rents, leases or lets the structure or any part thereof on terms, either expressed or implied, to furnish heat to the occupant thereof shall supply sufficient heat so as to maintain a room temperature of not less than sixty-five degrees Fahrenheit (65°F.)(18.33°C) during all working hours. All heat shall be supplied exclusively by a central-type heating system or systems and shall not be augmented by any portable type heaters. The temperature shall be measured at a point of three (3) feet above the floor and three (3) feet from any exterior wall.

Exceptions:

(1) Processing, storage and operation areas that require cooling or special temperature conditions.

(2) Areas in which persons are primarily engaged in vigorous physical activities.

Y. Section 605.2 shall be amended to provide as follows:

605.2 Receptacles: Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. All bathroom receptacle outlets shall have ground fault circuit interrupter protection

Z. A new section 605.4 Light Switches shall be added to provide as follows:

605.4 Light Switches: Light switches are required at the top and bottom of stairs in one and two family dwellings that operate at least one light fixture that is capable of lighting the entire stairway.

AA. Appendix “A”, Boarding Standards, sections A101.1, General, and A102.3, Boarding fasteners, shall be amended to provide as follows:

A101.1 General: All windows and doors shall be board in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure.

Exception: The painting of boards shall only be required when said boards are to remain in place for more than sixty (60) days.

A102.3 Boarding fasteners. Boarding fasteners shall be minimum 3/8 – inch (9.5 mm) diameter carriage bolts of such a length as required to penetrate the assembly and as required to adequately attach the washers and nuts. Washers and nuts shall comply with the International Building Code. The use of boarding fasteners, as described, shall not be required when boarding structures for less than sixty (60) days unless signs of break-in or illegal entry become evident.

Section 3. The Code of the Township of Lower Merion, Chapter A-167, entitled Fees, as such fees relate to Chapter 92, shall be amended to add the following fee:

Chapter 92, Housing-Property Maintenance

* * * * * * *

Dumpster permit fee $25.00

Section 4. Nothing in this Ordinance or in Chapter 92 of the Code of the Township of Lower Merion, as hereby amended, shall be construed to affect any suit or proceeding in any Court, any rights acquired or liability incurred, any permit issued, or any cause or causes of action existing under the said Chapter 92 prior to the adoption of this amendment.

Section 5. The provisions of this Ordinance are severable, and if any section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts, or provisions of this Ordinance. It is hereby declared to be the intent of the Board that this Ordinance would have been adopted as if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein.

Section 6. This Ordinance shall take effect and be in force from and after its approval as required by law.

Approved by the Board this day of , 2021.

BOARD OF COMMISSIONERS OF THE TOWNSHIP OF LOWER MERION

______Daniel S. Bernheim, President Attest:

______Jody L. Kelley, Secretary

32 AGENDA ITEM INFORMATION

ITEM: AUTHORIZATION TO ADVERTISE A PROPOSED ORDINANCE - CHAPTER A180, HISTORIC RESOURCE INVENTORY - 533 Maison Place, Bryn Mawr

Consider for recommendation to the Board of Commissioners authorizing the Township Secretary to advertise a Public Hearing and notice of intent to adopt an Ordinance, to amend the Code of the Township of Lower Merion, Chapter A180, Historic Resource Inventory, to add 533 Maison Place to the Historic Resource Inventory as a Class II Resource.

On March 4, 2021, the Historical Commission recommended the designation of the property as a Class II Resource, citing criteria 1 and 2. PUBLIC COMMENT ADDITIONAL INFORMATION:

ATTACHMENTS: Description Type Issue Briefing Issue Briefing Draft Ordinance Ordinance Slides Backup Material

TOWNSHIP OF LOWER MERION

Building & Planning Committee

Issue Briefing

Topic: Historic Resource Inventory Amendment

Prepared By: Greg Prichard, Historic Preservation Planner

Date: April 9, 2021

I. Action To Be Considered By The Board:

Authorize the Township Secretary to advertise a Public Hearing and notice of intent to adopt an Ordinance, to amend the Code of the Township of Lower Merion, Chapter A180, Historic Resource Inventory, to add 533 Maison Place to the Historic Resource Inventory as a Class II Resource.

II. Why This Issue Requires Board Consideration:

Historic Resource Inventory amendments must be reviewed and approved by the Board of Commissioners.

III. Current Policy Or Practice (If Applicable):

N/A

IV. Other Relevant Background Information: On March 4, 2021, the Historical Commission reviewed an application to add this property to the Historic Resource Inventory as a Class II resource, using the designation criteria adopted by the Board of Commissioners on July 18, 2018. The code requires a property to meet at least two criteria to be eligible for a Class II designation. The Commission voted to recommend the designation citing criteria 1 and 2, which meets the threshold for Class II designation. Those criteria are as follows:

1. Has significant character, interest or value as part of the development, heritage or cultural characteristics of the Township, county, region, commonwealth or nation or is associated with the life of a person significant in the past;

2. Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of neighborhood, community or Township.

The Commission noted that while the entire property will be designated as the Class II Historic Resource, the garage/carriage house structure at the rear of the property will be the only Contributing Element. When Maison Place was constructed on the footprint of two large estates ca. 1969, all structures on those properties were demolished except for this outbuilding, which is a two-story structure that has retained many of its original features. It is believed to date from ca. 1907.

The Commission recognized the loss of some of the historic context of the property, but also recognized and balanced that with the frequent loss of secondary structures in the Township, with this one being a prime example of a very large and detailed carriage house or barn from the early 20th century.

V. Impact on Township Finances:

There is no impact on Township finances.

VI. Staff Recommendation:

Staff recommends that the Board of Commissioners amend the HRI and designate the property at 533 Maison Place as a Class II resource.

AN ORDINANCE

No.

AN ORDINANCE, To Amend the Code of the Township of Lower Merion, Chapter A180, Historic Resource Inventory, To Add 533 Maison Place To The Historic Resource Inventory as a Class II Resource.

The Board of Commissioners of the Township of Lower Merion hereby ordains:

Section 1. The Code of the Township of Lower Merion, Chapter A180, Historic Resource Inventory, shall be amended to add the following:

ID Number Address Class

BM180 533 Maison Place Class 2

Section 2. Nothing in this Ordinance or in Chapter A180 of the Code of the Township of Lower Merion, as hereby amended, shall be construed to affect any suit or proceedings in any Court, any rights acquired or liability incurred, any permit issued, or any cause or causes of action existing under the said Chapter A180 prior to the adoption of this amendment.

Section 3. The provisions of this Ordinance are severable, and if any section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such decision of this court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the intent of the Board that this ordinance would have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein.

Section 4. This Ordinance shall take effect and be in force from and after its approval as required by law.

Approved by the Board this day of , 2021.

BOARD OF COMMISSIONERS OF THE TOWNSHIP OF LOWER MERION

______Daniel S. Bernheim, President ATTEST:

______Jody L. Kelley, Township Secretary

1 36 533 Maison Place, Bryn Mawr

Proposed Ordinance for Historic Resource 37Inventory Aerial view looking west

Arrow pointing to Contributing Structure38 Detail of 1908 atlas showing “Hillcrest” and “Lyddon,” the two estates combined to form Maison Place (outlined in red). Blue arrow points to the barn now at 533 Maison Place.

39 1969 Subdivision Plan for 533 Maison Place40 Former Barn: The only contributing element on41 the property Historic Resource Designation Criteria

2. Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of neighborhood, community or Township;

42 AGENDA ITEM INFORMATION

ITEM: APPROVAL OF CERTIFICATES OF APPROPRIATENESS

Consider for recommendation to the Board of Commissioners approval of the following certificates of appropriateness as recommended by the Historical Architectural Review Board at their meeting held on April 6, 2021: a) 324 Righters Mill Road, Gladwyne Historic District, 21-03 - to install solar panels on one roof slope of a non-historic garage, in compliance with Secretary of the Interior’s Standard 9. b) 322 Righters Mill Road, Gladwyne Historic District, 21-04 - to install a wood split-rail and wire fence along the driveway, in compliance with Secretary of the Interior’s Standard 9. c) 65 Cricket Avenue Suite 102, Ardmore Commercial Historic District, 21-05 - to install a halo-lit channel letter sign on the façade of the Cricket Flats building, in compliance with Secretary of the Interior’s Standard 9. d) 65 Cricket Avenue Suite 103, Ardmore Commercial Historic District, 21-06 - to install a halo-lit channel letter sign on the façade of the Cricket Flats building, in compliance with Secretary of the Interior’s Standard 9. e) 19 West Lancaster Avenue, Ardmore Commercial Historic District, 21-07 - to install new signage on the rear elevation, a blade sign on the alleyway façade, and new pin-mounted lettering on top of a new substrate attached to the existing front facade materials, in compliance with Secretary of the Interior’s Standards 9 and 10, with a subcommittee to review any material differences in the design necessitated by the construction. f) 953 Youngsford Road, Old Guard House, Gladwyne Historic District, 21-08 - to widen the main entrance doorway for wheelchair access, including replacement of the door with a door of similar design, in compliance with Secretary of the Interior’s Standards 9 and 10. g) 7 East Lancaster Avenue, Ardmore Commercial Historic District, 21-09 – to install a total of six (6) panel- style antennas in three separate sectors (north, east and west elevations), attached to the existing parapet extending 7’-3” above the building rooftop, and other mechanical elements elsewhere on the roof, in compliance with Secretary of the Interior’s Standards 9 and 10 and subject to the removal of any abandoned equipment on the roof and the submission of a structural report to assess whether the equipment can be moved closer to the center of the roof. h) 578 Barrett Avenue, Haverford Station Historic District, 21-10 - to remove a brick retaining wall in the front yard and install a new driveway, in compliance with Secretary of the Interior’s Standard 10, with the end of the remaining section of the retaining wall to be refaced with finish brick. PUBLIC COMMENT ATTACHMENTS:

43 Description Type Slides Backup Material

44 324 Righters Mill Road, Gladwyne

21-03 HARB 45 Recommendation:

Approval to install solar panels on one roof slope of a non-historic garage, in compliance with Secretary of the Interior’s Standard 9.

46 Proposed Location of Solar Panels47 322 Righters Mill Road, Gladwyne

21-04 HARB 48 Recommendation:

Approval to install a wood split-rail and wire fence along the driveway, in compliance with Secretary of the Interior’s Standard 9.

49 Proposed Location and Material of Fencing50 65 Cricket Avenue, Ardmore

21-05, 21-06 HARB 51 Recommendation:

Suite 102 – HARB 21-05: Approval to install a halo-lit channel letter sign on the façade of the Cricket Flats building, in compliance with Secretary of the Interior’s Standard 9.

Suite 103 – HARB 21-06: Approval to install a halo-lit channel letter sign on the façade of the Cricket Flats building, in compliance with Secretary of the Interior’s Standard 9.

52 Proposed Sign for Suite 102 (21-05)53 Proposed Sign for Suite 103 (21-06)54 Both signs would consist of halo-lit metal letters of the

same type as the existing “Cricket Flats”55 sign 19 West Lancaster Avenue, Ardmore

21-07 HARB 56 Recommendation:

Approval to install new signage on the front and rear, a blade sign on the alleyway façade, and new façade materials including Boral composite paneling over the storefront area including a portion of the main storefront window, in compliance with Secretary of the Interior’s Standards 9 and 10, with a subcommittee to review any material differences in the design necessitated by the construction.

57 Front elevation showing front and alleyway signage and

new substrate behind pin-mounted lettering58 Rear elevation showing rear and alleyway59 signage 953 Youngsford Road, Gladwyne

21-08 HARB 60 Recommendation:

Approval to widen the main entrance doorway for wheelchair access, including replacement of the door with a door of similar design, in compliance with Secretary of the Interior’s Standards 9 and 10.

61 Present conditions of entrance and foyer62 Studies for wheelchair maneuverability. Portions of wall shown in red are to be removed63 Proposed widened door to match original64 7 East Lancaster Avenue, Ardmore

21-09 HARB 65 Recommendation:

Approval to install a total of six (6) panel-style antennas in three separate sectors (north, east and west elevations), attached to the existing parapet extending 7’-3” above the building rooftop, and other mechanical elements elsewhere on the roof, subject to the removal of any abandoned equipment on the roof and the submission of a structural report to assess whether the equipment can be moved closer to the center of the roof.

66 Proposed roof plan – new elements67 darker West elevation – new elements darker68 Existing view from west

Photo simulation of view from west

69 Existing view from north

Photo simulation of view from north

70 Existing view from east

Photo simulation of view from east

71 578 Barrett Avenue, Haverford

21-10 HARB 72 Recommendation:

Approval to remove a brick retaining wall in the front yard and install a new driveway, in compliance with Secretary of the Interior’s Standard 10, with the end of the remaining section of the retaining wall to be refaced with finish brick.

73 Site plan showing location of proposed driveway

74 Condition of existing brick retaining75 wall AGENDA ITEM INFORMATION

ITEM: APPROVAL OF HISTORICAL COMMISSION APPLICATIONS

Consider for recommendation to the Board of Commissioners approval of the following applications as recommended by the Historical Commission at their meeting held on March 22, 2021: a) 1415 Lane’s End, Villanova, Class 1, 2021-R-5 - to install new wood and glass garage and entrance door products, subject to review and approval of the entrance doors by a subcommittee of the Historic Commission. b) 83 West Levering Mill Road, Bala Cynwyd, Class 2, 2021-R-9 - to construct landscape features including a low stone wall around two sides of the resource and other paved outdoor spaces, in compliance with Secretary of the Interior’s Standards 9 and 10. PUBLIC COMMENT ATTACHMENTS: Description Type Slides Backup Material

76 1415 Lanes End, Villanova

Class I Historical Commission77 Recommendation:

Approval to amend previously presented garage and entrance door products, with a subcommittee to review requested alternative entrance doors.

78 Proposed Garage Door

Wood and glass with solid bottom panel

79 83 West Levering Mill Road, Bala Cynwyd

Class 2 Historical Commission80 Recommendation:

Approval to construct landscape features including a low stone wall around two sides of the resource and other paved outdoor spaces, in compliance with Secretary of the Interior’s Standards 9 and 10.

81 Existing conditions: areas to be removed shown in red

Proposed new walls and hardscaping

82 Example of similar wall and handrail materials

83 AGENDA ITEM INFORMATION

ITEM: CONDITIONAL USE PLAN - 250 Haverford Road, Penn Wynne Elementary School, Wynnewood, Ward 14, LD# 3864C

Consider for recommendation to the Board of Commissioners approval of a Conditional Use application. The applicant seeks Conditional Use pursuant to Zoning Code Section 155-95.1 to hold 23 parking spaces in reserve in a new parking lot between the school and Haverford Road with access onto Haverford Road.

Expiration Date – 4/30/2021……...... Zoning – R4/R5/HROD

Applicant: Robert Copeland, Superintendent, Lower Merion School District Applicant's Representative: Fred Fromhold, Esquire, Fromhold Jaffe and Adams Property Owner: Lower Merion School District

The Hearing Officer's recommendation is attached. PUBLIC COMMENT ATTACHMENTS: Description Type Hearing Officer Recommendation Backup Material

Before the Conditional Use Hearing Officer Lower Merion Township, Montgomery County Pennsylvania

Application 3864C

RECOMMENDATIONS FOR PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

This conditional use application seeks approval to hold twenty three (23) required

parking spaces in reserve, pursuant to Zoning Code §155-95.1, in connection with a land

development plan at Penn Wynne Elementary School located at 250 Haverford Road,

Lower Merion Township. A Conditional Use Hearing was conducted on March 10, 2021

and the following recommendations are made pursuant to Code §155-141.2.A.5.

FINDINGS OF FACT

1. The applicant is Lower Merion School District (“LMSD”) c/o, attorney

Jamie Jun, Esq. (“Applicant”).

2. LMSD is the owner of real property known as 250 Haverford Road,

Lower Merion Township (“Property”).

3. The Property is located in both the R-4 and R-5 residence districts and consists of 7.7 acres with frontage on Haverford Road, Suffolk Lane, Trent Road and

Drayton Lane.

4. The Property is improved with a two-story structure used as an elementary school, Penn Wynne Elementary School (“PWES”). The footprint of the structure is

62,189 square feet. The school building was initially constructed in 1932, with additions in 1949 and 2001, and is a Class II historic resource. There are two parking areas, temporary classrooms, a playground and a grass field also located on the Property.

5. In 2016, the Applicant installed temporary classrooms on the Property and received conditional use approval to hold ten (10) parking spaces in reserve. (CU 3771C.)

6. In 2020, the Applicant filed a land development application seeking to construct 4,400 sq. ft. of hard surface play area and conducted a parking analysis study which discovered it had not accounted for some increases in enrollment between 1999-

2016, requiring fifty (50) parking spaces. LMSD applied for a waiver of some required parking spaces from the Zoning Hearing Board.

7. On January 14, 2021, the Zoning Hearing Board granted a waiver for 17 of the 50 required parking spaces at PWES. (ZHB appeal 4504).

8. This conditional use application concerns LMSD’s request to pave ten

(10) parking spaces and hold 23 parking spaces in reserve. LMSD filed a conditional use application on February 21, 2020, (Ex. T-1,) which is subject to Lower Merion

Township’s old zoning code which was in effect until Feb 25, 2020.

9. The Lower Merion Planning Commission reviewed the conditional use application and recommended approval subject to conditions on March 1, 2021, (Ex. T-

3). The Applicant’s tentative sketch plan was also reviewed by the Planning Commission on the same date and received approval subject to conditions, (L.D. 3864).

10. The Conditional Use Hearing Officer conducted a public hearing on

March 10, 2021

11. Jillian Dierks, Planner in the Lower Merion Township Building and

Planning Department, testified and offered twelve (12) documents into the record:

T-1 Conditional Use application, dated February 21, 2020. T-2 Tentative Sketch Land Development & Conditional Use Plan dated February 21, 2020, last revised February 12, 2021.

T-3 Montgomery County Planning Commission Review, dated May 29, 2020. T-5 Zoning Hearing Board Decision, Appeal No. 4504, dated January 14, 2021. T-6 Penn Wynne Elementary School Parking Study, prepared by F. Tavani and Associates, Inc., dated October 20, 2020. T-7 Historic Resource Impact Study prepared by Gilbert Architects Inc. dated February 21, 2020, last revised February 12, 2021. T-8 February 22, 2021 Historical Commission Meeting Minutes. T-9 Township Engineer’s review dated February 22, 2021. T-10 Staff memo from Carissa Hazelton to the Planning Commission dated February 26, 2021. T-11 March 1, 2021 Planning Commission Meeting Minutes. T-12 Proof of Publication.

12. The Applicant offered nine (9) exhibits in support of its Application:

A – 1 Aerial Photo of Property A – 2 Existing Features – Aerial Exhibit Plan A – 3 Modified Conditional Use Plan – Haverford Road Parking A – 4 Parking Analysis A – 5 Parking Study dated October 20, 2020 A – 6 Code Compliance Analysis A – 7 CV – J. Lill, PE A – 8 CV – J. Maziarz, PE A – 9 CV – F. Tavani, P.E., PTOE

13. Applicant’s Attorney, Jamie Jun, testified that LMSD seeks conditional use approval to hold 23 of the 37 required parking spaces1 in reserve because they are not

needed at this time. LMSD will install 10 parking spaces in connection with its current

land development application.

14. James Lill testified on behalf of LMSD. He has been Director of

Operations for LMSD since 2018. He described proposed improvements shown on the

Modified Conditional Use Plan: ten additional parking spaces; existing concrete

walkways will be converted to porous asphalt; a walkway will be constructed of pervious

surface to provide students a solid walkway from an existing exterior doorway to the

1 50 parking spaces are required but 17 were waived by the Zoning Hearing Board in Appeal 4504. 3

existing playground; 4,400 sq ft of hard surface play area will be installed when the existing temporary classes are removed after the new middle school opens and PWES’s enrollment and program needs are reduced; and finally a road connecting to Haverford

Road and 23 parking spaces in reserve shown in yellow on the Plan. (Ex. A-3).

15. Lill testified he is familiar with the parking analysis by Frank Tavani and his staff helped compile the data. Since 1999, PWES has had increases in student enrollment (625 to 825) and faculty and staff (62 to104) which require an additional 50 parking spaces. The ZHB waived 17 parking spaces in its recent decision. The remaining

23 spaces are not necessary because gradual increases in enrollment faculty and staff have already been accommodated and any additional future needs will be met by the ten new parking spaces to be installed. Benefits of not installing 23 parking spaces are preserving the existing green space on the Property and the streetscape on Haverford

Road, as well as saving the cost of installation. Holding parking spaces in reserve is beneficial because they are not necessary and will preserve green space, and will not adversely affect the public health, safety or welfare. LMSD will submit the required covenant subject to school board approval. Discussions with the Penn Wynne Civic

Association led to LMSD increasing the reserve spaces to 23 and designing the reserve lot along Haverford Road. LMSD does not intend to continue its lease for parking space at Presentation BVM church because it is not being used and PWES will have ten new parking spaces on site. .

16. Jeremy Maziarz, PE, PLS employed by Chester Valley Engineers testified in support of the Application. He is a registered civil engineer in Pennsylvania and president of Chester Valley Engineers. He is familiar with the property and prepared the

Existing Features – Aerial Exhibit Plan (Ex A-2); and the Modified Conditional Use Plan

(Ex A-3). Maziarz testified about existing conditions at PWES, including an open lawn area and two existing parking areas with a total of 58 spaces. Impervious coverage currently is 47.22 % and will increase to 49.51% if ten parking spaces are installed. The proposed conditions are 23 parking spaces in reserve along the eastern property line adjacent to Haverford Road. Stormwater management for the 23 reserve spaces will not be installed at this time because there is no economic or practical benefit to currently installing such facilities. The site already has sufficient stormwater management for the existing site improvements and there would be unnecessary disturbance to the existing green space.

17. Maziarz testified there will be no adverse impact to proper internal circulation, parking, buffering and other elements of proper land planning if parking spaces are held in reserve. Likewise, there will be no adverse effects to public health safety or welfare, due to changes in drainage, air quality, noise levels or natural features of the land. To the contrary, Maziarz testified, reserve parking will allow for preservation of existing green space and reduction of impervious surface that would otherwise be installed. Lastly, there will be no adverse impact on logical, efficient and economical extension of public services if 23 parking spaces are held in reserve.

18. Frank Tavani PE, PTOE testified in support of the Application as the traffic engineer who prepared the Parking Analysis (Exhibit A-4) and Parking Study

(Exhibit A-5). He has been licensed in Pennsylvania as a professional engineer since

1999 and is the principal of F. Tavani and Associates, Inc. He conducted the Parking

Study of PWES on October 20, 2020. The site presently hosts 825 students and 96 faculty

and staff. An increase of eight faculty and staff will raise their numbers to 104. All ten

parking spaces can be attributable to these eight faculty and staff members with some

additional spaces available for the public, thus 23 parking spaces should be held in

reserve.

19. Tavani performed a study of the site in 2016 and found sufficient current

parking for the school and public, as well as any future growth. At least 36 parking

spaces are available in the parking supply system even during times of peak demand

(early morning and early evening). The 23 parking spaces to be held in reserve are not necessary to be installed because there is an abundance of parking presently available.

Most of the increase in faculty and staff over the past twenty years has already been accommodated. The proposed ten parking spaces can accommodate eight new faculty and staff members. Peak traffic generated by the number students, faculty and staff can be accommodated in a safe and efficient manner. Internal circulation and parking are properly designed. He further testified that holding 23 additional parking spaces in reserve will not materially adversely affect the public health, safety or welfare. The covid pandemic has changed parking demand over the last year, but peak parking demand is created by faculty and staff and they can be accommodated with this plan.

20. Paul Liebeskind, a resident of 1430 Remington Road, testified he is a neighbor to PWES and president of the Penn Wynne Civic Association which supports the current application. The Civic has had productive conversations with LMSD and arrived at the current plan which satisfies community goals of preserving field space, addresses current parking needs with ten new parking spaces along Drayton Road and planning for future parking needs with 23 parking spaces held in reserve. Opening of the

new middle school will change PWES parking needs. He is very comfortable with the

current application as the best way to anticipate future needs without building

unnecessary parking. The Civic’s support for this application is subject to the conditions

of approval recommended by the Planning Commission. He would like to see a future

traffic study after fifth grade is relocated to new middle school to create a new baseline.

21. Sharon Weinstein, a resident of 305 Haverford Road, testified she is a

neighbor of PWES with a master’s degree in transportation engineering and she is on the board of the Civic Association. The Civic and the community are willing to wait until the new middle school opens to establish whether there will be adequate parking at PWES

under the new conditions. She is not suggesting there is adequate parking for the current

population with ten additional parking spots, however, with 150 kids soon to leave

PWES, she prefers to wait and see the new parking demands. Weinstein does not want to

give the impression that she agrees parking on Remington Road should count as PWES

parking supply. There are approximately 100 faculty and staff and only 58 on-site

parking spaces. She recommends waiting until new middle school opens and then

evaluating the parking situation

APPLICABLE ORDINANCES

22. Specific criteria for conditional use approval to hold parking spaces in

reserve are found in Code §155-95-1, stated in pertinent part as follows:

Reserve Parking A. Expansion of Use. Where a use regulated by §155-95 is being expanded and the Board determines that the additional number of spaces required by this expansion are not currently needed, it may authorize the applicant to hold in reserve the number of spaces that the Board determines are not currently required to meet the needs of the uses to which the property will

be put.

B. New or changed use. (Not applicable)

C. The applicant must document that the full number of required spaces can be paved without violating any applicable provisions of this chapter. When constructed the reserve parking must meet all applicable provisions of this chapter as of the date the construction permit is sought.

D. The applicant shall install stormwater management facilities, as required by the Township, for the total required number of parking spaces, including those held in reserve, unless the applicant demonstrated to the Board’s satisfaction that the economic and practical benefit of currently installing such facilities for the reserve parking spaces is not significant when compared to the destruction that would be caused to natural features on the site.

E. The applicant must agree in a recorded covenant, approved by the township Solicitor, to install the reserve spaces at any future time if and when the Zoning Officer determines that the reserve parking spaces are needed to accommodate the use of the property. The applicant may appeal such order to the Zoning Hearing Board.

F. Regardless of the number of spaces actually developed, a parking area to accommodate the aggregate number of parking spaces required shall be fully designed, and the area held as reserve parking shall be clearly designated on the plan. The reserve parking area shall be considered in calculating the impervious surface ratio. The parking reserve area shall be planted with vegetative cover and integrated into the site’s land development plan. Such area shall be required to be developed as designed if and when the Zoning Officer determines the need.

23. The Applicants must also comply with general requirements for conditional uses found in Code §155-141.2, excerpted in pertinent part as follows:

Conditional Use Procedure and Standards (…) B. The Board of Commissioners may grant approval of the listed conditional use under any district, provided that the following standards and criteria are complied with by the applicant for the conditional use. The burden of proving compliance with such standards shall be on the applicant.

1. The applicant shall establish by credible evidence that the use or other subject of consideration for approval complies with the community

development objectives as stated in Article I of this chapter and the declaration of legislative intent that may appear at the beginning of the applicable district under which approval is sought.

2. The applicant shall establish by credible evidence compliance with conditions for the grant of conditional uses enumerated in that section which gives the applicant the right to seek a conditional use.

3. The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval shall preserve the character of the neighborhood.

4. The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of approval shall be accommodated in a safe and efficient manner or improvements made in order to effect the same.

5. The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval is properly designed with regard to internal circulation, parking, buffering and all other elements of proper land planning.

6. The applicant shall provide sufficient plans studies or other data to demonstrate compliance with the regulations for the permitted use or such regulations as may be the subject of consideration for a conditional use approval.

7. The Board of Commissioners shall impose such conditions as are advisable to ensure compliance with the purpose and intent of this chapter which may include without limitation planting and buffers, harmonious design of buildings, protection of watercourses, environmental amenities, and the elimination of noxious, offensive or hazardous elements.

C. Standards of proof.

1. An applicant for a conditional use shall have the burden of establishing both:

a. That his application for a conditional use falls within the provision of this chapter which accords to the applicant the right to seek a conditional use; and

b. That allowance of the conditional use will not be contrary to the public interest.

2. In determining whether the allowance of a conditional use is contrary to the public interest, the Board shall consider whether the application, if granted, will:

a. Adversely affect the public health safety and welfare due to changes in traffic conditions, drainage, air quality, noise levels, natural features of the land, neighborhood property values and neighborhood aesthetic characteristics.

(…)

e. Otherwise adversely affect the public health, safety, morals or welfare.

3. In all cases the applicant’s burden of proof shall include the burden of persuading the Board by credible evidence that the applicant has satisfied the criteria set forth in Subsection C(1)(a) of this subsection. In any case where the Board requests that the applicant produce evidence relating to the criteria set forth in Subsection C(2) of this subsection or where any other party opposing the application shall claim that an allowance of the application will have any of the effects listed in Subsection C(2) of this subsection, the applicant’s burden of proof shall include the burden of persuading the Board by credible evidence that the allowance of a conditional use will not be contrary to the public interest with respect to the criteria so placed in issue.

CONCLUSIONS OF LAW

Compliance with Reserve Parking Criteria under Code §155-95-1

27. The Applicant has complied with Code §155-95-1(A) through the testimony

of James Lill, expert testimony of Jeremy Maziarz and Frank Tavani and documentary

evidence adequately demonstrating that 23 required parking spaces are not needed to

meet the current needs of uses at PWES.

28. The Applicant is not required to comply with Code §155-95-1(B) because a new or changed use is not proposed.

29. The Applicant has complied with Code §155-95-1(C) through testimony of

James Lill, expert testimony of Jeremy Maziarz and the Modified Conditional Use Plan

which depicts the proposed location of 23 parking spaces should they be required to be constructed. (Exhibit A-3). It also depicts the stormwater management facility that will be installed should the reserve parking spaces be required to be constructed. The Modified

Conditional Use Plan shows that the reserve parking spaces can be constructed in compliance with all applicable provisions of Chapter 155.

30. The Applicant has complied with Code §155-95-1(D) by adequately demonstrating that additional stormwater management facilities for the 23 reserve parking spaces depicted on the Modified Conditional Use Plan are not necessary at this

time because new on-site parking is currently not needed and would unnecessarily disturb

existing green space.

31. The Applicant has complied with Code §155-95-1(E) through testimony of

James Lill agreeing that a covenant in a form acceptable to the Township Solicitor will be

recorded, subject to the school board’s approval, to install the reserve parking spaces at

any future time if the Zoning Officer determines that the reserve parking spaces are

needed to accommodate PWES’s use of the property.

32. The Applicant has complied with Code §155-95-1(F) through the testimony of

Jeremy Maziarz and the Modified Conditional Use Plan showing the reserve parking area

has been included in impervious surface calculations and is currently covered with

vegetation. (Exhibit A-3). No changes are proposed to the reserve parking area, which is

and will remain green space, until such time as the Zoning Officer determines the reserve

parking spaces shall be installed.

Compliance with General Conditional Use Procedures of §155-141

37. Testimony at the conditional use hearing and documentary evidence

admitted into the record meet the burden of proof imposed by Code §155-141.2 (B)(1),

specifically, the Applicants have demonstrated with credible evidence that holding the

required parking spaces in reserve complies with community development standards

stated in Article I. Some of the stated objectives are to promote, protect and facilitate

coordinated and practical community development and provision of adequate vehicle

parking, adequate schools and public grounds. Permitting LMSD to hold 23 parking

spaces in reserve will allow it to coordinate development of PWES with development of

the new middle school. Adequate vehicular parking is provided on-site and in the surrounding neighborhood. LMSD seeks to provide parking adequate facilities while not

unnecessarily impacting existing green space or the streetscape or incur unnecessary

expenses. The Applicant has shown there will be no adverse effect on the health, safety,

morals or general welfare of the public; to the contrary, holding 23 parking spaces in

reserve will preserve the existing fields and green space.

38. The Applicant has demonstrated, pursuant to Code §155-141.2 (B)(2), that

LMSD will comply with the requirements specified in Code §155-95-1.

39. The Applicants have demonstrated that the proposed improvements shall

preserve the character of the neighborhood pursuant to Code 155-141.2(B)(3). This

burden of proof was met through the Applicant’s expert testimony and exhibits.

Moreover, two members of the Penn Wynne Civic Association testified they support the

application with conditions of approval.

40. The Applicant has demonstrated through the testimony of Jeremy Maziarz

and Frank Tavani that the proposed improvements shall be serviced by existing public

service systems pursuant to Code 155-141.2(B)(4). (Ex. A-4 & 5).

41. The Applicants have demonstrated that the proposed improvements comply with internal circulation, parking, buffering and all other elements of proper land development planning pursuant to Code 155-141.2(B)(5). Expert testimony by Frank

Tavani described proper internal circulation and parking. (See Exhibit A-5). Expert

testimony by Jeremy Maziarz demonstrated where additional stormwater management

would be installed if required, however it is not necessary at present. (See Exhibit A-3)

42. The Applicants have submitted sufficient plans, studies and other data

showing compliance with regulations to the Planning Commission, Township Staff and the Hearing Officer pursuant to Code §155-141.2(B)(6), specifically Exhibits A-1 to 9.

The Applicants have submitted a Modified Conditional Use Plan prepared by Chester

Valley Engineers and Parking Study prepared by F. Tavani and Associates, Inc., as well

as presentations to the Planning Commission and Conditional Use Hearing Officer.

43. The Applicants have agreed to comply with any condition which may be

imposed by the Board of Commissioners and accepted by LMSD’s Board of Directors in compliance with Code §155-141.2(B)(7).

DISCUSSION

44. Although PWES’s increasing numbers of students, faculty and staff over

the past twenty years requires fifty additional parking spaces, the Applicant has

demonstrated most parking needs have already been accommodated. The Zoning Hearing

Board recently waived 17 of the required parking spaces in its decision of Appeal 4504.

Sufficient parking for increases in faculty and staff will be provided by installing an

additional ten parking spaces, according to credible evidence. As a result, it is

recommended to allow 23 required parking spaces to be held in reserve.

45. Lower Merion School District’s new middle school will reduce student

enrollment at PWES by approximately 150 students in the near future. Holding 23

parking spaces in reserve will preserve existing green space and streetscape until new

parking needs can be evaluated after student enrollment at PWES decreases. Moreover, it

will prevent unnecessary expenditures for parking and storm water management.

Credible expert testimony offered by the Applicant has demonstrated that holding 23

parking spaces in reserve will not materially or adversely affect traffic, circulation or

levels of service of adjacent intersections. The Applicant has also shown there will be no

adverse impact on the public health, safety, morals and general welfare by holding 23

parking spaces in reserve. The Penn Wynne Civic Association supports LMSD’s conditional use application, but requests a new traffic study after the middle school opens to establish a new baseline of parking needs.

46. For the reasons set forth above, the following Order is recommended to the Board of Commissioners.

ORDER

AND NOW on this ____ day of April 2021, the application of Lower Merion

School District for conditional use approval to hold 23 parking spaces required for its

expansion of use as reserve parking without paving the spaces and hold stormwater

management facilities in reserve at 250 Haverford Road, pursuant to §155-95-1 of the

Zoning Code of the Township of Lower Merion is granted, subject to the following

conditions:

1. The applicant shall agree in a recorded covenant, to be approved by the Township Solicitor, to install the reserve parking spaces at any future time if and when the Zoning Officer determines that the reserve parking spaces are needed to accommodate the use of the property. 2. The applicant shall investigate shifting the location of the proposed reserved parking area north towards the intersection of Suffolk Lane and Haverford Road to minimize the impact of the proposed surface parking area on the Class 2 Historic Resource and preserve the viewshed and stairway to the original entrance of the building. 3. The applicant shall investigate consolidating the 10 reserve spaces with the proposed 23 reserve parking spaces and incorporating a loop along Haverford Road. 4. The applicant shall provide a post development traffic impact and parking assessment within 90 days of the commencement of the first full semester in which 5th graders are relocated to the new middle school or when such assessment is requested by the Township. The report should also be accompanied by a summary of the then current enrollment data and staffing levels at Penn Wynne Elementary School. 5. While parking is held in reserve, an additional traffic impact and parking assessment will be conducted when student enrollment/faculty increases by 10% over the number of faculty and staff provided in the post development assessment. 6. If the traffic impact and parking assessment do not support maintaining the parking in reserve, or if the traffic study is not supplied by the school district within six months of the increase, the reserve parking will be installed. 7. At such time as the reserved parking may be required, the applicant shall submit a formal plan for the review and approval of the Director of Building & Planning to consider any changes to the natural features or site conditions that may have occurred.

This grant of Conditional Use approval is based on the documents and plans submitted in support of the application, all of which are specifically incorporated herein by reference thereto.

By: ______Pamela M. Loughman, Esq. Conditional Use Hearing Officer Township of Lower Merion

99 AGENDA ITEM INFORMATION

ITEM: TENTATIVE SKETCH PLAN - 250 Haverford Road, Penn Wynne Elementary School, Wynnewood, Ward 14, LD# 3864

Consider for recommendation to the Board of Commissioners approval of a Tentative Sketch Plan. The Plan dated February 21, 2020, last revised February 12, 2021 prepared by Chester Valley Engineers, Inc., shows the removal of the temporary modular classrooms, construction of a 4,400 sq. ft. hard surface play area, and construction of porous pathways. Conditional Use approval is required for 23 parking spaces held in reserve along Haverford Road.

Expiration Date – 4/30/2021……...... Zoning – R4/R5/HROD

Applicant: Robert Copeland, Superintendent, Lower Merion School District Applicant's Representative: Fred Fromhold, Esquire, Fromhold Jaffe and Adams Property Owner: Lower Merion School District

On Monday, March 1, 2021, the Planning Commission recommended approval subject to the following conditions which shall be complied with on the Preliminary Plan.

Township Engineer’s Review:

1. The Township Engineer’s review letter dated February 22, 2021 shall be incorporated by reference into these conditions of approval to the extent the same is not inconsistent with these conditions of approval or any relief or modifications granted.

Impervious Surface:

2. In the event porous pathways are removed and replaced with impervious surfaces, the area of the coverage of the removed porous pathways shall not be deemed existing impervious coverage for purposes of impervious coverage calculations on the site. A note shall be included in the zoning chart on the Final Plan. The ratio of impervious coverage on this site shall be limited to 49.51 percent (137,411 sq. ft.) in accordance with the relief granted to the Lower Merion School District per Zoning Hearing Board Appeal No. 3620 dated April 29, 1999.

3. The applicant shall investigate shifting the location of the proposed reserved parking area north towards the intersection of Suffolk Lane and Haverford Road to minimize the impact of the proposed surface parking area on the Class 2 Historic Resource and preserve the viewshed and stairway to the original entrance of the building.

4. The applicant shall investigate consolidating the 10 reserve spaces with the proposed 23 reserve parking spaces and incorporating a loop along Haverford Road.

Landscape Plan:

100 5. A landscape plan complying with the applicable sections of the Natural Features Code, Subdivision & Land Development Code Section 135-30 and conditions herein shall be prepared and sealed by a Registered Landscape Architect and submitted with the Preliminary Plan.

6. The applicant shall include one deciduous replacement tree with a caliper of 2-2 ½ inches for each tree removed that is over six inches DBH. The replacement trees shall be provided on a Landscape Plan and approved by the Township.

7 . The Landscape Plan shall demonstrate that upon relocation of the shed and removal of the modular classrooms, the land should be restored using sod or re-seeding, whichever method shall be best suited to allow the earliest use of the field.

8. A Landscape Plan must be approved by the Building & Planning Department and the Township Arborist.

Stormwater Management & Erosion Control:

9. The stormwater recharge required by zoning must be demonstrated to be provided on site considering this application.

10. The applicant shall investigate incorporating stormwater best management practices into the proposed parking area, including but not limited to curb cuts within the required parking islands and swales along the required buffer area.

11. Erosion control measures shall be provided with the Preliminary Plans. The proposed construction access location shall be indicated. Details that conform to Township Standards shall be shown. Certification attesting to the completeness shall be provided on the Erosion Control Plan.

Traffic:

12. The applicant shall provide a post development traffic impact and parking assessment within 90 days of the commencement of the first full semester in which 5th graders are relocated to the new middle school or when such assessment is requested by the Township. The report should also be accompanied by a summary of the then current enrollment data and staffing levels at Penn Wynne Elementary School.

13. While parking is held in reserve, an additional traffic impact and parking assessment will be conducted when student enrollment/faculty increases by 10% over the number of faculty and staff provided in the post development assessment.

14. If the traffic impact and parking assessment do not support maintaining the parking in reserve, or if the traffic study is not supplied by the school district within six months of the increase, the reserve parking will be installed.

15. At such time as the reserved parking may be required, staff recommends that the applicant submit a formal plan for the review and approval of the Director of Building & Planning to consider any changes to the natural features or site conditions that may have occurred.

16. The applicant shall consider implementing the following actions to reduce vehicle trips: · Join the Greater Valley Forge Transportation Management Association (GVFTMA) which advocates increased mass transit service in the area and helps organizations develop Transportation Demand Management plans; and · Join the Edenred commuter benefit program (formerly the Delaware Valley Regional Planning Commission’s RideECO program), which can be offered as an employer-paid benefit, through a pre-tax

101 payroll deduction.

Plan Requirements:

17. Stop bar/signage shall be indicated on the plan at intersecting interior drive aisles. Pavement marking arrows shall be added for clarity. Stop bars, stop signs, and centerline pavement markings shall be provided as required or as directed so as to provide a more orderly movement of vehicles. A pavement marking and signage plan shall be submitted with the Preliminary Plans.

18. The available sight distance and clear sight triangles for the new drive on Haverford Avenue must be provided. The distance must be demonstrated to meet the desirable sight distance requirements as specified by PennDOT. The Traffic Safety Unit of the Lower Merion Police Department must also approve the final drive configuration. These items shall be fully evaluated with the Preliminary Plans.

19. The Preliminary Plan shall include the location of bicycle racks and the number of spaces provided.

20. A full reveal and depressed concrete curb detail shall be provided with the Preliminary Plans. Depressed curb shall be clearly shown and labeled at all driveway/roadway connections. The length of depressed curb for the new driveways and any curb to be raised to full reveal shall be dimensioned on the plan.

21. Concrete apron shall be shown at all driveway/roadway connections. Sidewalk shall be shown to cross all driveways at grade. Details of the concrete apron and sidewalk shall be provided. Details must conform to Township Standards. These shall be submitted with the Preliminary Plans.

22. The Preliminary Plan shall include the location of existing crosswalks within 50 feet of the property.

23. The location of all proposed utility services shall be provided. This must be indicated on the Preliminary Plan.

24. All fill material and topsoil stockpile location shall be provided.

25. The construction access and lay-down areas shall clearly be shown. The area shall be included in the disturbed area limits.

26. A note shall be added to the plan indicating that the Township Engineer shall be notified 48 hours prior to the installation of the seepage bed and prior to the start of earthmoving activities.

27. “No Parking by Order of the Fire Marshall” signs shall be provided where directed by the Chief Fire Officer.

2 8 . Adequate maneuverability for cars and delivery/service vehicles that will access the parking lots on Haverford Avenue and Drayton Lane shall be documented. The radii at all road and driveway access/egress must be adequate. This shall be fully evaluated with the Preliminary Plans.

29. A Pennsylvania Department of Transportation (PennDOT) Highway Occupancy Permit (HOP) will be required for this development.

Standard Conditions of Approval:

30. A lighting plan shall be submitted with the Preliminary Plan. The location, luminaire type, wattage, pole height and illumination patterns shall be indicated. The lighting shall be designed to reduce the off-site transmission of light, to shield the source of illumination and to prevent glare on adjacent properties.

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31. The lighting plan shall be designed to comply with the 2009 IECC or the 2007 ASHRAE Standard 90.1.

32. Curb and sidewalk shall be noted to be repaired or replaced as directed by the Township.

33. The Preliminary Plan shall be submitted with any changes highlighted. A letter shall also be provided with the Preliminary Plan indicating how each requested revision in the conditions of approval has been addressed.

3 4 . The Preliminary Plan, complying with all applicable conditions of approval, shall be filed with the Department of Building and Planning within twelve (12) months from the date of the Tentative Sketch Plan approval by the Board of Commissioners.

35. Approval of this Tentative Sketch Plan does not ensure that the developer or the owner can ultimately develop the property as shown on the plan. The proposed development’s compliance with various Township ordinances, including but not limited to the Natural Features Conservation Code shall not be determined until the applicant submits a Preliminary Plan for Township approval.

36. As required by Township Code, the owner shall make payment of fees and expenses of the Township’s professional consultants who perform services on behalf of the Township with respect to these plans and the work contemplated thereunder and will establish and maintain with the Township those escrows for the payment of such fees. Owner agrees that any statement from the Township for such fees which remain unpaid for a period of 30 days may be recorded against the property as a municipal lien.

37. As required by Township Code, the owner shall make payment of the Township Engineer’s inspection fees within 30 days of presentation. A penalty of 1.5% per month will be due for late payments from the date of presentation. If any shares are not paid within 60 days of presentation, the Township may elect to suspend any outstanding permits until all pending charges are settled.

38. The property owner(s) shall comply with all applicable federal, state, county, local and Lower Merion Township ordinances and laws regardless of specific mention herein. PUBLIC COMMENT ATTACHMENTS: Description Type Issues Briefing Backup Material Township Engineer's Review Backup Material County Review Backup Material Zoning Hearing Board Decision Backup Material

103 4.

February 26, 2021

TO: Planning Commission Members

FROM: Carissa Hazelton, Planner, Department of Building & Planning

SUBJECT: TENTATIVE SKETCH PLAN & CONDITIONAL USE – 250 Haverford Road, Penn Wynne Elementary School, Wynnewood, LD# 3864 & 3864C, Ward 14.

This application was submitted under the zoning in place prior to February 26, 2020 and is not subject to the new zoning code requirements.

Proposal The applicant, Fred Fromhold, Esq., on behalf of the Lower Merion School District, is seeking Tentative Sketch Plan approval for improvements to the Penn Wynne Elementary School (PWES) grounds to be completed in two stages as follows:

Stage 1: Construction work tentatively scheduled for Summer 2021. • Construction of 10 parking spaces currently held in reserve expanding the existing parking lot along Drayton Lane and construction of an associated seepage bed; and • Construction of porous asphalt pathway from a side entrance to the existing play area. Stage 2: Begins when the new middle school sufficiently reduces enrollment and academic programs at PWES. Removal of modular classrooms and construction of hard surface play area tentatively planned for Summer 2022 or Summer 2023. • Removal of the 4,400 s.q. modular classrooms; • Construction of a 4,400 sq. ft. hard surface play area on the west side of the school building; • Construction of porous asphalt paths.

The applicant seeks Conditional Use approval pursuant to Zoning Code Section 155-95.1 to hold 23 parking spaces in reserve in a new parking lot between the school and Haverford Road with access onto Haverford Road. The Conditional Use hearing in front of the Township’s Hearing Officer is scheduled for March 10, 2021 at 3:00 p.m. via Zoom. Total parking to be provided is 68 surface parking spaces, plus 23 reserve parking spaces.

The proposal is illustrated on the accompanying set of plans that includes two (2) sheets, prepared by Chester Valley Engineers, Inc., dated February 21, 2020, last revised February 12, 2021. A Historic Resource Impact Study prepared by Gilbert Architects, Inc., dated February 21, 2020, last revised February 12, 2021 was also submitted for this project.

ZONING DISTRICT EXISTING LAND USE PROPOSED IMPROVEMENT Split Zoned Residence R4/R5 Public Elementary School 4,400 sq. ft. hard surface play area Historic Resource Overlay District and 23 parking spaces in reserve

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Property Description The property contains 6.4-acres and is split-zoned between the R4 and R5 residential districts. The property is bounded by Haverford Road, Suffolk Lane, Trent Road and Drayton Lane. Single-family detached houses border the entire property. The site is improved with a two-story elementary school with a 62,189 square foot footprint which is also a Class 2 historic resource.

The property also contains temporary classroom trailers, parking areas, a playground and grass field. Access driveways are located on Suffolk and Drayton Lanes. The Drayton Lane driveways provide access to the bus loop. The Suffolk Lane driveways serve as the parent drop-off/pick-up.

Project Background The LMSD has indicated that the modular classrooms will no longer be needed when the new middle school sufficiently reduces enrollment and academic programs at PWES. In August 2019, Lower Merion School District (LMSD) filed a land development application (#3844) to remove the modular classrooms and construct a hard surface play area. During the review it was determined that 50 additional parking spaces were required due to an increase in Penn Wynne Elementary School’s enrollment, faculty and staff since 1999. The applicant withdrew that application and submitted new plans for the proposed improvements in February 2020, prior to the adoption of the new Zoning Code. This application results in the removal of the modular classrooms, resolves the parking deficiency, and also protects the LMSD’s development rights related to impervious surface under the old Zoning Code.

This project requires the following approvals: • Zoning Hearing Board Approval: Waive 17 parking spaces pursuant to Zoning Code Section 155-95.AA.4. This approval was granted conditioned upon the approval of the conditional use request to hold 23 parking spaces in reserve (Appeal #4504). • Tentative Sketch Plan Approval: Required for any non-residential development pursuant to Subdivision and Land Development Code 135-7.A. • Conditional Use Approval: Hold 23 parking spaces in reserve pursuant to Zoning Code Section 155-95.1. • Preliminary Land Development Approval: Required for any land development pursuant to Subdivision and Land Development Code 135-10. This follows Tentative Sketch Plan Approval. • Final Plan Approval: Required for any land development. This follows Preliminary Land Development Approval.

Tentative Meeting Schedule: • March 1: Planning Commission review of Tentative Sketch & Conditional Use • March 10: Conditional Use Hearing • April 14: Building & Planning Committee review of Tentative Sketch & Conditional Use • April 21: Board of Commissioners review of Tentative Sketch & Conditional Use

105 Zoning The property 6.4-acre property is split zoned R4/R5. Public School Uses are also subject to the regulations contained in Zoning Code Section 155-11.E. In 1999 the applicant was granted a special exception (Appeal No. 3620) to extend the regulations of the R5 zoning district 100 ft into the R4 zoning district, per Zoning Code Section 155-8. A special exception and variance was also granted to reduce the number of required parking spaces and to install temporary classroom trailers.

(2) R5 Zoning Requirements Required Existing Proposed 277,519 sq. ft. sq. 277,519 sq. ft. sq. Minimum Net Lot Area 5,000 sq. ft. 6.4 acres 6.4 acres 49.51% 47.22% 49.51% Maximum Impervious Surface(1) 137,411 sq. ft. 131,050 sq. ft. 137,393 sq. ft. Parking (155-95.AA)

1 space per staff member or volunteer

68 Spaces 91 Spaces 1 space per 25 students (visitor parking) 91 Spaces(3) (58 Spaces (68 Spaces Largest place of public assembly: Plus 10 Reserved) Plus 23 Reserved) 1 space per five seats, or 50 sq. ft. of floor area where seating is not installed (1)Per Zoning Code Section 155-11.E for Public Schools and per 155-141.5.D which permits public schools to exceed the maximum impervious surface permitted in the underlying zoning district by 5% on lots less than 40 acres. (2) Includes improvements associated with the temporary classrooms, including the ten parking spaces previously held in reserve (#3771C).

(3) In 1999, the LMSD received Zoning Hearing Board Approval to provide 58 parking spaces. Due to a gradual increase of 200 students and 42 faculty members, an additional 50 parking spaces are required. 108 parking spaces are required less the 17 parking spaces waived by the Zoning Hearing Board (Appeal #4504) for a total of 91 required spaces.

Consistency with the Comprehensive Plan This property is identified as Public Land on the Future Land Use Map of the 2016 Lower Merion Township Comprehensive Plan. In addition, this property is shown as a Suburban Residential Area in the Future Land Use Plan of the Montgomery County Comprehensive Plan, Montco 2040: A Shared Vision. Primary uses in the Suburban Residential Areas include institutional uses.

Conditional Use A conditional use application is required when an applicant proposes a use that is permitted by conditional use within a particular zoning district. Conditional uses are usually reserved for land uses that necessitate more control, additional safeguards, or greater flexibility. This is typically accomplished by imposing conditions of approval. The difference between a special exception and a conditional use is that special exceptions are decided by the Zoning Hearing Board, while conditional uses are decided by the Board of Commissioners.

The Pennsylvania Municipalities Planning Code states:

Zoning ordinances may contain provisions for conditional uses to be allowed or denied by the governing body after recommendations by the planning agency and hearing, pursuant to express standards and criteria set forth in the zoning ordinance. Notice of hearings on conditional uses shall be provided in accordance with section 908(1), and notice of the decision shall be provided in accordance with section 908(10). In allowing a conditional use, the governing body may attach such reasonable conditions and safeguards, other than those related to off-site transportation or road improvements, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this act and the zoning ordinance.

106 Zoning Code Section 155-141.2 regulates the conditional use procedure. It requires that the applicant have the initial burden of persuasion that the application complies with the specific code requirements.

C. Standards of proof. (1) An applicant for a conditional use shall have the burden of establishing both: (a) That his application falls within the provision of this chapter which accords to the applicant the right to seek a conditional use; and (b) That allowance of the conditional use will not be contrary to the public interest. (2) In determining whether the allowance of a conditional use is contrary to the public interest, the Board shall consider whether the application, if granted, will: (a) Adversely affect the public health, safety and welfare due to changes in traffic conditions, drainage, air quality, noise levels, natural features of the land, neighborhood property values and neighborhood aesthetic characteristics. (b) Be in accordance with the Lower Merion Township Comprehensive Plan. (c) Provide the required parking required under Article XX or as otherwise provided for in other applicable provisions of this chapter. (d) Adversely affect the logical, efficient and economical extension or provision of public services and facilities such as public water, sewers, refuse collection, police and fire protection and public schools. (e) Otherwise adversely affect the public health, safety, morals or welfare.

As stated above, the applicant is seeking Conditional Use approval to hold 23 parking space in reserve pursuant to Zoning Code Section 155-95.1.

Tentative Sketch Plan Requirements The purpose of a Tentative Sketch Plan is to determine appropriate locations for buildings, driveways and parking lots and how such improvements can least impact a site’s natural and historic features. It has become practice in the Township to use the Tentative Sketch Plan phase to flesh out other plan issues and give applicants a program to address at the Preliminary Plan phase.

Additional Reviews • Historical Commission (HC): The HC reviewed the impact of the proposed improvements on the Class 2 Historic Resouce at their meeting on February 22, 2021. The Commission made the two following motions relating to the Stage 1 and 2 modifications and the Reserve Parking Conditional Use: o The Commission recommended approval of the modifications to the Stage 1 parking area, including the slight increase of asphalt for the dumpster, with the recommended mitigation measures of a vegetative screen or screen wall to block the view of the dumpster and mitigate its impact on the adjacent historic resource viewshed. The Commission recommends approval of the revisions to the Stage 2 paved play area and walkway on the Trent Road side of the building, noting that it would have no impact on the historic resource. o The Commission recommended against approval of the Conditional Use request for the 23 reserve parking spaces along Haverford Road due to the substantial impact on the historic resource including a reconfiguration of the front entrance which would see the loss of the original stairs and alteration of the viewshed in front of the building. Further, the Commission sees no explanation as to why the existing plan cannot be shifted north toward Suffolk Lane to further distance the curb cut and entrance away from the intersection of Haverford and Suffolk and place the parking spaces in front of the addition to the building instead of the original historic resource, which would substantially lessen the impact of the spaces should they be needed at a future date. Further, the Commission would hope that the applicant would return with further investigation showing the possibility of creating that alternate plan to lessen the impact on the resource, or to provide an additional configuration along Haverford Road that would satisfy both the community’s and the Commission’s concerns. Further, the Commission hears the representative of the Penn Wynne Civic Association and understand the energy and time placed in negotiating the location of the reserve 4

107 parking spaces, and that it be kept off of the green space at the corner of Trent and Suffolk. However, the Commission believes that there could be possibilities to contain the parking along Haverford Road in a way that would not impact the green space and also lessen the impact on the historic resource. • Montgomery County Planning Commission (MCPC) Review: (Attached) The MCPC review of the Tentative Sketch Plan included recommendations about coordinating with PennDOT regarding the location of the proposed driveway onto Haverford Road and submitting additional information about the removal of trees, potential traffic impacts and and proposed landscaping with future versions of the plan. • Township Engineer’s Review: (Attached) the Township Engineer’s review comments dated February 22, 2021 included but were not limited to stormwater and traffic. • Environmental Advisory Council (EAC): The EAC reviewed the plans at their February 23, 2021 meeting. The EAC discussed the proposed stormwater management systems and maintenance of the proposed pourous asphalt.

Site Opportunities Staff has identified the following elements for the applicant to consider as the plan evolves.

1. Location of Reserved Parking Ideally, the Reserve Parking shown along Haverford Road is never needed to be constructed. In the unlikely event that the reserve parking is intalled, staff agrees with the Historical Commission’s assessment that the location of the proposed reserved parking area between the school’s front façade and Haverford Road should be adjusted north towards the intersection of Suffolk Lane and Haverford Road to minimize the impact of the proposed surface parking area on the Class 2 Historic Resource and preserve the viewshed and stairway to the original entrance of the building. Efficiencies may also be achieved by connecting the new parking lot to the existing parking lot via a driveway along Suffolk Lane instead of creating a new curb cut on Haverford Road.

2. Porous Pathways The plan involves the replacement of existing concrete sidewalks with porous, asphalt paths and the construction of new porous asphalt paths. The porous pathways are not included for the purposes of the impervious surface calculations in accordance with Zoning Code Section 155-4, which states that pathways six feet or less in width that porous paving and which are not intended for automobile use shall not be considered as impervious surface. It is noted that under the new Zoning Code such pathways are not excluded from the impervious surface calculations. In the event porous pathways are removed in the future and replaced with impervious surfaces, the area of the removed porous pathways would not be deemed existing impervious coverage for purposes of impervious coverage calculations on the site. The ratio of impervious coverage on this site shall be limited to 49.51 percent (137,411 sq ft) in accordance with the relief granted to the Lower Merion School District per Zoning Hearing Board Appeal No. 3620 dated April 29, 1999.

Staff notes that the proposed 975 sq. ft. porous asphalt path between the reserved parking area and Haverford Road appears to serve a limited purpose and recommends the removal of the porous path in this location. Motorists will most likely exit their vehicles and walk directly into the building through the parking lot instead of walking around the perimeter of the parking area.

The proposed 10-space parking area along Drayton Lane lacks pathways. An existing sidewalk located along the northerly edge of the existing parking lot stops abruptly where the new parking lot begins. Staff recommends continuing the sidewalk along northerly edge of the expanded lot.

3. Relocated Dumpster Pad and Retaining Wall The dumpster pad and retaining wall will be relocated located closer to Haverford Road. The height, details, and materials of the proposed retaining wall shall be provided with Preliminary Land Development Plan. The applicant should consider relocating the dumpster to a location that is less prominent. The dumpster should be visually screened 5

108 with a combination of fencing and evergreen plant materials to mitigate the view from the adjacent residential properties and from Haverford Road.

4. Landscaping/Impact on Existing Trees The plans show the removal of the modular classrooms and the relocation of the existing storage shed during stage two. Upon relocation of the shed and removal of the modular classrooms, the land under the structures should be restored using sod or re-seeding, whichever method shall be best suited to allow the earliest use of the field.

Staff notes that the proposed improvements will result in the loss of mature deciduous trees onsite. A landscape plan will be required with the Preliminary Land Development Plan. Staff concurs with the Montgomery County Planning Commission and recommends that the applicant replace the trees onsite.

5. Stormwater Management Staff recommends that the applicant investigate incorporating stormwater best management practices into the proposed parking area, including but not limited to curb cuts within the required parking islands and swales along the required buffer area.

6. Parking & Traffic A traffic impact assessment will be provided with the Preliminary Land Development Plan, which will include an assessment of the proposed parking. However, this assessment will be completed prior to the opening of the new middle school which is anticipated to alleviate a lot of the pressure at the Penn Wynne Elementary School due to student enrollment growth.

Staff recommends including a condition that the applicant provide a post development traffic impact and parking assessment within 90 days of the commencement of the first full semester in which 5th graders are relocated to the new middle school or when requested by the Township. The report should also be accompanied by a summary of the current enrollment data and staffing levels.

At such time as the reserved parking may be required, staff recommends that the applicant submit a formal plan for the review and approval of the Director of Building & Planning to consider any changes to the natural features or site conditions that may have occurred following any approvals.

Staff notes that the LMSD has worked with immediate neighbors, the Township, and the Montgomery County Planning Commission to make great strides in improving pedestrian connectivity to the school in recent years. Improving pedestrian and bicycle access will reduce demand for single-occupancy vehicles and may help reduce parking demand. As a condition of prior land development approval a working group was formed to enhance pedestrian safety in the vicinity of the school. The working group was comprised of Township and School District representatives, parents and community members. In 2019, the Penn Wynne Elementary School participated in the Safe Routes to School Program and undertook a Walkability Audit with the Montgomery County Planning Commission. Several of the key recommendations from these efforts have already been implemented, including: • Construction of a new sidewalk along Trent Road from Drayton Lane to Suffolk Lane and from Suffolk Lane to Remington Road completing the connection to Wynnewood Valley Park; • Installation of new ADA ramps and crosswalks at the Trent Road/Suffolk Lane intersection; • Installation of school zone signs on Suffolk Lane and Drayton Lane; • Installation of flashing lights on Trent Road; • Lead pedestrian phase signal at Haverford and Remington Roads; and • The drop-off queuing on Suffolk Lane was modified and improved.

109 Staff recommends that all existing crosswalks on the property and within 50 feet of the property be shown on the plans. Staff also recommends that the location of bicycle racks and the number of spaces be provided on the plan.

Action The Planning Commission must take the following actions with respect to this application: A. A recommendation on the requested conditional use. B. A recommendation on the proposed tentative sketch plan.

110 APPLICABLE ZONING CODE SECTIONS:

§155-95 AA. Educational uses, including student residence halls, day care and nursery schools. [Added 6-17-1998 by Ord. No. 3491; amended 7-19-2000 by Ord. No. 3578] (1) Number of spaces required. (a) One and one-half spaces per two students/participants of driving age; (b) One space per faculty/staff member or volunteer; (c) One visitor space per 25 students/participants; and (d) One space per five seats, or 50 square feet of floor area where seating is not installed, for the largest place of public assembly on the site, except that parking for assembly places to be used no more than six times a year may be accommodated on unpaved areas, if their availability can be demonstrated.

(2) (Reserved)45 45.Editor's Note: Former Subsection AA(2), regarding parking spaces remaining unpaved, was repealed 9-18-2002 by Ord. No. 3653.

(3) The expansion of any use regulated by this subsection shall be required to meet these parking standards only for the additional students/participants or additional place of assembly.

(4) The Zoning Hearing Board may waive up to 50% of the required parking spaces if the applicant can demonstrate that such spaces are not necessary for the proposed use.

§155-95.1. Reserve parking. [Added 9-18-2002 by Ord. No. 3653] The parking space requirements of §155-95 above may be held as "reserve parking" without actually paving the spaces, when authorized as a special exception. If land development approval is required for the proposed improvements, including the additional parking spaces, authorization shall be by conditional use approval from the Board of Commissioners, rather than by special exception. The grant of authorization by either Board shall be subject to the following:

A. Expansion of use. Where a use regulated by § 155-95 is being expanded and the Board determines that the additional number of parking spaces required by this expansion are not currently needed, it may authorize the applicant to hold in reserve the number of spaces that the Board determines are not currently required to meet the needs of the uses to which the property will be put.

B. New or changed use. Where a new use regulated by § 155-95 is created or there is a change of use on the property, and the Board determines that the number of parking spaces required are not currently needed, it may authorize the applicant to hold in reserve up to 50% of the total number of spaces required.

C. The applicant must document that the full number of required parking spaces can be paved without violating any applicable provisions of this chapter. When constructed, the reserve parking must meet all applicable provisions of this chapter as of the date the construction permit is sought.

D. The applicant shall install stormwater management facilities, as required by the Township, for the total required number of parking spaces, including those held in reserve, unless the applicant demonstrates to the Board's satisfaction that the economic and practical benefit of currently installing such facilities for the reserve parking spaces is not significant when compared to the destruction that would be caused to natural features on the site.

E. The applicant must agree in a recorded covenant, approved by the Township Solicitor, to install the reserve parking spaces at any future time if and when the Zoning Officer determines that the reserve parking spaces are needed to accommodate the use of the property. The applicant may appeal such order to the Zoning Hearing Board.

F. Regardless of the number of spaces actually developed, a parking area to accommodate the aggregate number of parking spaces required shall be fully designed, and the area held as reserve parking shall be clearly designated on the plan. The reserve parking area shall be considered in calculating the impervious surface ratio. The parking reserve area shall be planted with vegetative cover and integrated into the site's land development plan. Such area shall be required to be developed as designed if and when the Zoning Officer determines the need.

§ 155-141.2. Conditional use application procedure and standards. B. The Board of Commissioners may grant approval of a listed conditional use under any district, provided that the following standards and criteria are complied with by the applicant for the conditional use. The burden of proving compliance with such standards and criteria shall be on the applicant.

111 (1) The applicant shall establish by credible evidence that the use or other subject of consideration for approval complies with the community development objectives as stated in Article I of this chapter and the declaration of legislative intent that may appear at the beginning of the applicable district under which approval is sought.

(2) The applicant shall establish by credible evidence compliance with conditions for the grant of conditional uses enumerated in that section which gives the applicant the right to seek a conditional use.

(3) The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval shall preserve the character of the neighborhood.

(4) The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the approval shall be accommodated in a safe and efficient manner or improvements made in order to effect the same.

(5) The applicant shall establish by credible evidence that the proposed use or other subject of consideration for approval is properly designed with regard to internal circulation, parking, buffering and all other elements of proper land planning.

(6) The applicant shall provide sufficient plans, studies or other data to demonstrate compliance with the regulations for the permitted use or other such regulations, as may be the subject of consideration for a conditional use approval.

(7) The Board of Commissioners shall impose such conditions as are advisable to ensure compliance with the purpose and intent of this chapter, which may include, without limitation, planting and buffers, harmonious design of buildings, protection of watercourses, environmental amenities and the elimination of noxious, offensive or hazardous elements.

C. Standards of proof. [Added 3-15-2000 by Ord. No. 3560]

(1) An applicant for a conditional use shall have the burden of establishing both: (a) That his application falls within the provision of this chapter which accords to the applicant the right to seek a conditional use; and (b) That allowance of the conditional use will not be contrary to the public interest.

(2) In determining whether the allowance of a conditional use is contrary to the public interest, the Board shall consider whether the application, if granted, will: (a) Adversely affect the public health, safety and welfare due to changes in traffic conditions, drainage, air quality, noise levels, natural features of the land, neighborhood property values and neighborhood aesthetic characteristics. (b) Be in accordance with the Lower Merion Township Comprehensive Plan. (c) Provide the required parking required under Article XX or as otherwise provided for in other applicable provisions of this chapter. (d) Adversely affect the logical, efficient and economical extension or provision of public services and facilities such as public water, sewers, refuse collection, police and fire protection and public schools. (e) Otherwise adversely affect the public health, safety, morals or welfare.

(3) In all cases, the applicant's burden of proof shall include the burden of persuading the Board by credible evidence that the applicant has satisfied the criteria set forth in Subsection C(1)(a) of this subsection. In any case where the Board requests that the applicant produce evidence relating to the criteria set forth in Subsection C(2) of this subsection or where any other party opposing the application shall claim that an allowance of the application will have any of the effects listed in Subsection C(2) of this subsection, the applicant's burden of proof shall include the burden of persuading the Board by credible evidence that allowance of a conditional use will not be contrary to the public interest with respect to the criteria so placed in issue.

112

TOWNSHIP TOWNSHIP ENGINEER OF 75 E. Lancaster Avenue Ardmore, PA 19003 2376 LOWER MERION Telephone: (610) 645-6200 www.lowermerion.org MONTGOMERY COUNTY

LOWM 248.66 February 22, 2021

Christopher Leswing, Director of Building and Planning Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003

Re: 250 Haverford Ave – Penn Wynne Elementary School Tentative Sketch Plan Review

Dear Mr. Leswing:

In accordance with your request for the referenced submission, we have reviewed a set of three (3) plans dated 02-21-20, last revised 02-12-21, prepared by Chester Valley Engineers, Inc. We offer the following comments for your consideration:

A. MAJOR ENGINEERING ISSUES

 Stormwater—Any development project that creates more than 1500 square feet of new impervious surface must provide stormwater management controls in accordance with Township code. Runoff volume and peak rate controls are required to be implemented with this current development in order to offset the additional runoff that will flow onto downgrade properties from the proposed parking lots and stage 2 paved area. The location of the temporary and the permanent stormwater facilities required to meet the code must be shown on the Tentative Sketch Plans including the proposed drainage direction from the outflow of the facilities. The requested stormwater facilities must also demonstrate to be capable of recharging the minimum infiltration volume (Rev) and be able to drain in the code required ninety-six (96) hours for the water quality recharge volume and twenty-four (24) hours for the rate control volume. Infiltrometer tests must be performed in the vicinity of the stormwater facility and at the required depth and must be submitted for review in order to demonstrate that code requirements have been met. If soil conditions do not permit the required operation system, waivers will be required.

 Traffic— A transportation impact study shall be submitted with the Preliminary Plans. At a minimum, the study shall evaluate the trip generation, distribution of traffic, and levels of service for select intersections. A Pavement Marking and Signage Plan will be required to be submitted to clarify the stop bars, stop signs, and centerline pavement markings requested to be shown in order to provide the required vehicular controls necessary for orderly movement of traffic. Additional maneuverability diagrams shall be required to be submitted. This shall be evaluated with the Preliminary Plans.

With resolution of the preceding major engineering issues and the other items in this letter adequately addressed, we recommend that the Tentative Sketch be approved. 113 LOWM 248.66 Page 2 February 22, 2021

B. ORDINANCE REQUIREMENTS

1. Section 101-6A(1)—All woody vegetation to be retained within twenty-five (25’) feet of a building site or disturbed area (including any staging area or construction access) shall be protected from equipment damage by fencing placed at the driplines. A detail shall be added to the plans of the fence which complies with township standards. If the tree protection fence is not shown at the driplines of all trees to remain, the Township Arborist must approve the location.

2. Section 101-6A(5)—No impervious cover shall be permitted within the driplines of trees to remain without approval from the Township Arborist. The Township Arborist must approve the location and extent of the hardscape material if the impacted trees are scheduled to remain.

3. Section 101-6A(6)—Grade changes around the driplines of impacted trees to be retained shall be minimized. Treatment of the trees prior to construction to protect the root system shall be performed. The Township Arborist must approve the procedure. Those retained trees impacted by construction shall be clearly marked on the plan.

4. Section 101-6B(2)—If trenches for the required storm facilities are proposed within the driplines of trees, all disturbed roots must be cut as cleanly as possible. The trench must be backfilled as quickly as possible, avoiding compaction. Tree limbs must be cut back in proportion to the root area loss. This shall be marked on the plan and made a condition of permit issuance.

5. Section 121-4A(1), Section 135-16B(15)—During construction stormwater management controls have not been addressed in the submission. An area indicating where this will be placed must be shown on the Tentative Sketch plans.

6. Section 121-4A(1b)2—As the property is located within the Darby-Cobbs Creek Act 167 Drainage Area Release Rate District, the 2-year post development peak rate of runoff shall be controlled to the 1-year pre-development peak rate of runoff. The 5-year frequency storm must be controlled to the lesser of the 2-year pre-development rate of the percentage of the pre-development rate as listed in Appendix B for the particular sub-watershed district. For the 10- and 25-year frequency storms, the post-development rate shall be controlled to the percentage of the respective pre- development rate. The 50- and 100-year storms shall be controlled to the peak discharges which occurred prior to development in the respective storm frequencies. Meadow ground cover condition shall be used as the pre-development condition in this analysis. This shall be fully evaluated with the Preliminary Plan submission.

7. Section 121-4B(2a)1—At a minimum, the increased volume of stormwater generated by the proposed development for the 25-year storm shall be recharged. Meadow cover condition must be used as the base line for determining the volume. Calculations documenting this shall be submitted with the Preliminary Plans.

8. Section 121-4B(2d)2—In addition to the recharge requirement for the 25-year storm, the calculations must demonstrate that the infiltration volume (Rev) requirements have been met for

114 LOWM 248.66 Page 3 February 22, 2021

all impervious surfaces shown on the site. This shall be evaluated with the Preliminary Plan submission.

9. Section 121-4B(2d)3—Field tests such as double ring infiltrometer or hydraulic conductivity tests shall be performed at the level of the soil infiltration in order to demonstrate adequate design parameters. Complete test reports must be submitted. The location of each test must be indicated on the plan. This shall be evaluated with the Preliminary Plan submission.

10. Section 121-4B(2d)4—A minimum depth of 24 inches between the bottom of the proposed seepage bed and the limiting zone must be demonstrated. Soil tests shall be submitted as required to demonstrate compliance.

11. Section 121-4B(2d)5—The seepage bed must be demonstrated to empty the Rev volume within four (4) days. Calculations demonstrating this must be submitted with the Preliminary Plans. If the minimum Rev volume cannot be recharged, a waiver to this code must be obtained.

12. Section 121-4B(2d)6—The water quality volume (WQv) must be calculated and demonstrated to be sufficient for the design. This shall be evaluated with the Preliminary Plan submission.

13. Section 121-4E(2c)—The seepage bed(s) shall be designed to empty the total design storm volume needed for peak rate control in 24 hours or less. Calculations verifying this shall be submitted with the Preliminary Plans.

14. Section 121-4B(4)—Any regulated activity which would create 1500 SF of additional impervious surface must comply with the stormwater management provisions of the code for runoff rate and volume control. A Runoff and Erosion Control Permit will be required to be obtained for this application.

15. Section 121-4E(1b), Section 135-16B(14)—Discharge from the required stormwater basin shall be converted from a concentrated flow to a sheet flow. Overflow from the basins shall be piped to a level spreader, bubble-up spreader, or connected to the closed storm system. The proposed drainage patterns have not been clearly identified.

16. Section 121-4E(4)—A description of how the permanent stormwater control facility will be operated and maintained shall be submitted by the design engineer. The frequency of inspection shall be listed on the plan. The contact information for the party responsible for the operation and maintenance of the facility shall be listed. The plan shall be presented in recordable form as a covenant running with the land and must be approved by the Township Solicitor prior to recording the Final Plan.

17. Section 121-4E(2f)—All seepage beds must contain a sediment trap accessible for maintenance. Details shall be submitted with the Preliminary Plans.

18. Section 121-4E(2d)—The minimum separation between the seepage bed and the proposed structure shall be dimensioned on the plan. The seepage bed must be located 10 feet from any

115 LOWM 248.66 Page 4 February 22, 2021

basement wall. Adequate separation between the system and footings shall be provided. The recommended setback for seepage beds is also 10 feet from the property line.

19. Section 121-6C—The limits of disturbance shall be clearly delineated on the plan. The amount of square feet of earth disturbance shall be listed. This shall be fully evaluated with the Preliminary Plans.

20. Section 121-6D—Drainage area maps for the during construction analysis, the permanent facility analysis, and for qualification of the existing storm sewer system shall be provided with calculations. These shall be submitted with the Preliminary Plans.

21. Section 121-6J— A sequence of construction activities shall be submitted. Notification of the Township Engineer shall be listed in the sequence following installation of protective barriers and prior to earth disturbance. Notification of the Township Engineer for inspection shall be listed prior to installation of the seepage bed and piping. This shall be fully evaluated with the Preliminary Plan.

22. Section 121-15—The runoff crossing to the adjacent properties during the construction phase of the project shall be managed so that the water quality/quantity impact is minimized to the adjacent properties. Diversion berms, stoned construction staging areas, and inlets/piping shall be noted to be provided as required or as directed by the Township to ensure acceptable conditions during the construction phase. This shall be fully evaluated during the Preliminary Plan review.

23. Section 135-41.1(A)—Adequate water supply must be documented for the subdivision. A letter from Aqua Pennsylvania must be submitted certifying adequate supply for the additional demand. This shall be submitted with the Preliminary Plan.

24. Section 135-16B(14), 121-4E(1b), 121-15—All proposed drainage patterns have not been clearly indicated on the tentative sketch plans. All areas to have runoff collected and conveyed to a storm facility and those to be left uncontrolled shall be clearly identified. Discharge from the stormwater basin shall be converted from concentrated flow to sheet flow conditions. The overflow shall be piped to a level spreader, bubble-up spreader, or if determined to be feasible, conveyed to an existing storm sewer system. Details must be fully evaluated with the Preliminary Plan.

25. Section 135-16B(15)—Areas set aside for during construction stormwater management have not been clearly provided. Areas must be designated during the various phases of construction to provide the required rate controls.

26. Section 135-27L(1) —The grade of the proposed non-residential driveway shall not exceed 7%. A centerline profile shall be provided with the Preliminary Plan.

27. Section 135-19B(8)—A transportation impact study shall be submitted with the Preliminary Plans. The study shall evaluate the trip generation and distribution of traffic. At a minimum, the site driveway and surrounding signalized intersections and key un-signalized intersections shall be

116 LOWM 248.66 Page 5 February 22, 2021

evaluated for Level of Service. The Township Engineer shall be contacted to determine the scope and assumptions to be used in the study.

28. Section 135-40—A Planning Module or Exemption must be approved by the City of Philadelphia and the DEP prior to recording the Final Plan.

29. Section 155-8.5B—The feasibility for shared access to the adjacent property shall be investigated. This shall be evaluated with the Preliminary Plan.

B. ENGINEERING COMMENTS

1. Erosion control measures shall be provided with the Preliminary Plans. The proposed construction access location shall be indicated. Details that conform to Township Standards shall be shown. Certification attesting to the completeness shall be provided on the Erosion Control Plan.

2. Stop bar/signage shall be indicated on the plan at intersecting interior drive aisles. Pavement marking arrows shall be added for clarity. Stop bars, stop signs, and centerline pavement markings shall be provided as required or as directed so as to provide a more orderly movement of vehicles. A pavement marking and signage plan shall be submitted with the Preliminary Plans.

3. The available sight distance and clear sight triangles for the new drive on Haverford Avenue must be provided. The distance must be demonstrated to meet the desirable sight distance requirements as specified by PennDOT. The Traffic Safety Unit of the Lower Merion Police Department must also approve the final drive configuration. These items shall be fully evaluated with the Preliminary Plans.

4. The number of parking spaces required for the development must be approved by the Zoning Officer.

5. A Lighting Plan shall be submitted with the Preliminary Plan. The Director of Building and Planning must approve the lighting plan.

6. A full reveal and depressed concrete curb detail shall be provided with the Preliminary Plans. Depressed curb shall be clearly shown and labeled at all driveway/roadway connections. The length of depressed curb for the new driveways and any curb to be raised to full reveal shall be dimensioned on the plan.

7. The location of all proposed utility services shall be provided. This must be indicated on the Preliminary Plan.

8. A fill material and topsoil stockpile location shall be provided.

9. The construction access and lay-down areas shall clearly be shown. The area shall be included in the disturbed area limits.

117 LOWM 248.66 Page 6 February 22, 2021

10. A note shall be added to the plan indicating that the Township Engineer shall be notified 48 hours prior to the installation of the seepage bed and prior to the start of earthmoving activities.

11. A Planting Plan must be approved by the Planning Department and the Township Arborist.

12. Sidewalk and curb shall be noted on the plan to be repaired/replaced at the direction of the Township.

13. Concrete apron shall be shown at all driveway/roadway connections. Sidewalk shall be shown to cross all driveways at grade. Details of the concrete apron and sidewalk shall be provided. Details must conform to Township Standards. These shall be submitted with the Preliminary Plans.

14. “No Parking by Order of the Fire Marshall” signs shall be provided where directed by the Chief Fire Officer.

15. Adequate maneuverability for cars and delivery/service vehicles that will access the parking lots on Haverford Avenue and Drayton Lane shall be documented. The radii at all road and driveway access/egress must be adequate. This shall be fully evaluated with the Preliminary Plans.

16. A Pennsylvania Department of Transportation (PennDOT) Highway Occupancy Permit (HOP) will be required for this development. The Township must be involved with any meetings and copied on any correspondence pertaining to the PennDOT HOP.

17. A copy of the revised plan shall be submitted with any changes highlighted. A letter shall also be provided with the revised plan indicating how each requested revision has been addressed in the re-submission.

Please advise if we may be of further assistance in this matter.

Very truly yours,

Joseph A. Mastronardo, P.E. PENNONI ASSOCIATES Township Engineer

Cc: Robert E. Duncan, Assistant Township Manager Chester Valley Engineers, Inc. Lower Merion School District

\\pennoni.com\data\Accounts\LOWMM\LOWM034866 - Penn Wyne Elementary School\COMMUNICATION\SENT\248.66 dtd 02-22-21 Penn Wynne Elementary Tentative Sketch Review.docx

118 MONTGOMERY COUNTY MONTGOMERY COUNTY BOARD OF COMMISSIONERS PLANNING COMMISSION MONTGOMERY COUNTY COURTHOUSE • PO BOX 311 VALERIE A. ARKOOSH, MD, MPH, CHAIR NORRISTOWN, PA 19404-0311 KENNETH E. LAWRENCE, JR., VICE CHAIR 610-278-3722 JOSEPH C. GALE, COMMISSIONER FAX: 610-278-3941• TDD: 610-631-1211 WWW.MONTCOPA.ORG John S. Cover, AICP INTERIM EXECUTIVE DIRECTOR

May 29, 2020

SUBJECT: MCPC #19-0203-002; 19-0203-003; 19-0203-004 – Penn Wynne Elementary School

TO: Christopher Leswing, Director of Building & Planning Township of Lower Merion

FROM: Marley Bice, AICP, Principal Planner II 610-278-3740 – [email protected]

We have reviewed three tentative sketch plans for the above-referenced site as you requested on March 4, 2020 and March 9, 2020. We forward this memo as a report of our review. A previous version of a tentative sketch plan for this site was reviewed in a letter dated October 18, 2019.

BACKGROUND

The applicant, Lower Merion School District, proposes to improve the Penn Wynne Elementary School site and has submitted three alternative sketch plans. The property is located in the township’s R4 and R5 Residence zoning districts. The three tentative sketch plans being reviewed in this memo are as follows:

1) “Plan 1” – MCPC #19-0203-002 – the property would be improved in two stages: a. Stage 1: construction of a new surface parking lot with 30 parking spaces and an expanded surface parking lot with 55 parking spaces off of Suffolk Lane; construction of a 10 parking space expansion of the existing parking lot off of Drayton Lane and associated seepage bed which was previously held in reserve; construction of porous asphalt pathways; and construction of a concrete apron on the north side of the school building. b. Stage 2: removal of the modular classrooms and construction of a 4,400 square foot paved area and associated stormwater management area on the west side of the school building.

This plan would result in a total of 109 parking spaces and would modify the locations of the driveways along Suffolk Lane.

2) “Plan 2” – MCPC #19-0203-003 – the property would be improved in two stages: a. Stage 1: construction of a 10 parking space expansion of the existing parking lot off of Drayton Lane and associated seepage bed which was previously held in reserve; construction of a 5,600 square foot paved area for play courts and associated stormwater management area on the west side of the school building; and construction of porous asphalt pathways. b. Stage 2: removal of the modular classrooms and construction of a 567 square foot paved area on the west side of the school building;

This plan also includes the construction of a 19 space expansion of an existing surface parking lot off of Suffolk Lane, however this parking area is shown to be held in reserve, and it is not indicated which

119 Mr. Christopher Leswing - 2- May 29, 2020 May 29, 2020 Director of Building & Planning

stage the reserve parking would be constructed in. This plan would require a waiver to reduce the required parking for the proposed expansion of the use by 50% and conditional use approval to hold parking spaces in reserve. This plan would result in a total of 68 parking spaces, with an additional 15 (net) parking spaces held in reserve.

3) “Plan 3” – MCPC #19-0203-004 – the property would be improved in two stages: a. Stage 1: construction of a 10 parking space expansion of the existing parking lot off of Drayton Lane and associated seepage bed which was previously held in reserve; construction of a 2,527 square foot paved area and associated stormwater management area on the west side of the school building; and construction of porous asphalt pathways. b. Stage 2: removal of the modular classrooms and construction of a 4,400 square foot paved area on the west side of the school building.

This plan also includes the construction of a 15-space surface parking lot with a new driveway curb cut off of Haverford Road, which is a State Road. However, this parking area is shown to be held in reserve, and it is not indicated which stage the reserve parking would be constructed in. This plan would require a waiver to reduce the required parking for the proposed expansion of the use by 50% and conditional use approval to hold parking spaces in reserve. Total parking to be constructed is 68 parking spaces, with an additional 15 parking spaces held in reserve.

COMPREHENSIVE PLAN COMPLIANCE

This property is identified as Public Land in the Land Use Element of the 2016 Lower Merion Township Comprehensive Plan. In addition, this property is shown as a Suburban Residential Area in the Future Land Use Plan of the Montgomery County Comprehensive Plan, Montco 2040: A Shared Vision. Primary uses in the Suburban Residential Areas include institutional uses.

RECOMMENDATION

We recognize that the applicant is exploring several different site layouts and options for providing additional parking on the Penn Wynne Elementary School site. We have reviewed the three alternative tentative sketch plans submitted and prefer “Plan 2” – MCPC #19-0203-003 for several reasons. We feel that “Plan 2” provides the amount of parking that the applicant has indicated is sufficient for their current needs with the least amount of new impervious coverage created on the site. “Plan 2” also allows for the greatest amount of green space along Trent Road and the existing paved play areas on the Suffolk Lane side of the building to be preserved, which is of importance to the neighborhood and the students who enjoy using the green space and play areas. In terms of site access and circulation, “Plan 2” also maintains the current driveway locations so that any new parking would have less of an impact on vehicular circulation in the surrounding neighborhood. In addition, we offer the following general review comments:

REVIEW COMMENTS

 Relationship to Other Lower Merion School District Projects: It is our understanding that the Lower Merion School District is planning to construct a new middle school, which may result in a restructuring of how many students and grades are served at the Penn Wynne Elementary School, which may also change the parking demand on-site. Therefore, we encourage the applicant to coordinate their short- and long-term plans for the Penn Wynne Elementary School so that parking that may not be needed in the long-term is not constructed if it would have a negative impact on the green space play areas on the site or neighborhood character.

120 Mr. Christopher Leswing - 3- May 29, 2020 May 29, 2020 Director of Building & Planning

 Vehicular Circulation: “Plan 3” (MCPC #19-0203-004) shows a reserve parking area with a new driveway off of Haverford Road, which is a State Road. If this is the applicant’s preferred plan, we encourage the applicant to coordinate with PennDOT prior to future plan submissions to determine the best driveway location and whether any traffic controls may be needed at the new driveway location.

In addition, future versions of the plans for the site should include a description of any anticipated changes to the school bus circulation patterns in order to assess any potential traffic impacts on the surrounding residential streets.

 Pedestrian Circulation: “Plan 1” (MCPC #19-0203-002) would relocate the western driveway on Suffolk Lane further west. We suggest that future versions of the plans show the sidewalk along Suffolk Lane extending across the old driveway opening, restoration of the curb, and continuation of the landscaping area between the sidewalk and the expanded parking area. In addition, pedestrian crosswalks at all existing and proposed driveway openings should be clearly marked.

 Landscape Design: As part of the construction of the proposed improvements, the removal of existing trees on-site will be required. In general, as part of future submissions, we encourage the applicant to demonstrate how the trees proposed to be removed could be replaced by planting additional trees on- site.

In addition, it appears that the proposed construction of a porous asphalt path on the south side of the expanded parking area off of Drayton Lane would also require the removal of several large trees which currently serve as a vegetative buffer between the homes on Drayton Lane and the school building and expanded parking area. We encourage the applicant to explore whether a pedestrian connection on the south side of this parking area could be achieved by constructing pathways that connect the parking lot to the existing sidewalk along Drayton Lane. This could help reduce the number of existing trees impacted by the proposed construction.

c: Lower Merion School District, Applicant Fred Fromhold, Esq., Applicant’s Representative Chester Valley Engineers, Inc., Applicant’s Engineer Gilbert P. High, Jr., Esq., Twp. Solicitor Ernie B. McNeely, Twp. Manager Edward P. Pluciennik, P.E., Twp. Engineer Jillian Puleo-Dierks, Twp. Planner Holly Colello, Twp. Planning Technician Greg Prichard, Twp. Historic Preservation Planner

Attachment A: Reduced Copy of Applicant’s Proposed Site Plan (“Plan 1”) Attachment B: Reduced Copy of Applicant’s Proposed Site Plan (“Plan 2”) Attachment C: Reduced Copy of Applicant’s Proposed Site Plan (“Plan 3”) Attachment D: Aerial Image of Site

121 BEFORE THE ZONING HEARING BOARD OF LOWER MERION TOWNSHIP, MONTGOMERY COUNTY PENNSYLVANIA

______

APPEAL NO. 4504 ______

IN THE MATTER OF: : Applicant - Appellant : Lower Merion School District : 250 Haverford Road : Wynnewood, PA 19096

MEMORANDUM, FINDINGS, OPINION & ORDER

Lower Merion School District (the "Applicant") owns the property bounded by Haverford

Road, Suffolk Lane, Trent Road and Drayton Lane in Wynnewood. The property has a street

address of 250 Haverford Road and the Applicant operates its Penn Wynne Elementary School

("PWES") there, educating students from kindergarten through fifth grade. As more fully

described below, on January 14, 2021, the Board entered an order granting the Applicant a waiver

from having to install 17 of the parking spaces required under the former zoning ordinance.1

Calculating the currently required parking

In 1999, the Applicant was engaged in a District-wide program of physical improvements

to its properties. For the PWES site, this involved a plan for new educational space, play areas,

parking areas, and temporary modular classrooms to be used during construction. In connection

with that plan, the Applicant sought an approval from the Board for, among other things, a waiver

of 50% of the number of parking spaces that the zoning officer had determined were required as a

result of the improvements. The Board granted that request, and reduced the number of new

1 The application was submitted to the Board prior to the adoption of the new Zoning Code on February 26, 2020. The provisions of the former zoning ordinance, therefore, control our decision.

1 122 required spaces from 22 to 11, and further allowed the Applicant to hold four of those 11 spaces

in "reserve," unpaved.2 [N.T. 13-14] Those seven new paved spaces would bring the total number of parking spaces on the property to 54 (with 58 total required). See, Appeal of Lower Merion

School District, No. 3587 (January 28, 1999).

In 2016, the Board of Commissioners ("BOC") granted the Applicant land development

approval to install temporary modular classroom facilities on the property. With the added

classroom space, the Applicant's enrollment and professional staff also increased, triggering a

requirement under the zoning ordinance for 10 additional parking spaces, bringing the total number

of required spaces to 68. Only four of the additional 10 spaces were eventually paved (bringing

the total paved spaces to 58); the rest were added to the "reserve" parking.3 [N.T. 14-15]

Now, in a new land development proceeding that is currently pending before the BOC (still

governed by the former zoning ordinance due to its filing date), the Applicant seeks approval to

construct additional hard surface play areas on the PWES property. In the process of putting

together information relevant to that land development application, the Applicant calculated that

the actual enrollment, staffing and spatial data at PWES required more off-street parking spaces under the zoning ordinance than the Applicant had provided. The ordinance required 108 spaces for the school, but (as indicated above) only 58 paved spaces existed. [N.T. 15, 24-25]

To help remedy that parking shortfall, the Applicant applied to this Board for a waiver under Former Code Section 95 AA(4) of 17 spaces. To account for the remaining 33 spaces, the

Applicant proposes to pave the 10 spaces that it has held in reserve since 2016, and to ask the BOC for permission to hold 23 spaces in reserve. [N.T. 17] The BOC has jurisdiction over the reserve

2 Section 95.1 of the former zoning ordinance allowed a landowner to hold code-required parking spaces in reserve, unpaved, if the landowner could demonstrate that they were not currently needed by the actual demands of the use. The current zoning ordinance contains a similar provision. Code §155-8.3. 3 No application was made to this Board in connection with the 2016 improvements.

2 123 spaces since land development approval is required. Former Code §155-95.1; see now, Code §155-

8.3.

Pursuant to Act 15 of 2020,4 the Board held a hearing on the Applicant's waiver request

on January 14, 2021 using the ZOOM video conferencing website. The Applicant presented the

testimony of its Director of Operations, James Lill, and its expert in traffic planning, Frank Tavani,

P.E. The president of the Penn Wynne Civic Association, Paul Liebeskind, testified in support of

the application. [N.T. 62-67]. A neighboring property owner, Ben Meyer, also testified in support,

expressing specific interest in limiting the property's impervious surface to that depicted on

Applicant's plans. [See Exhibit A-2; N.T. 69-71]. In addition, the Board received an email from

another neighbor of the property, David Park, opposing the waiver on the basis that the property

has already been over-developed.

After the conclusion of the case, and after carefully considering all the testimony and

evidence, the Board entered the aforementioned order granting the waiver, subject to certain

conditions. This opinion constitutes the findings and conclusions in support of that order, which

is attached and incorporated herein.5

Section 95 AA(4) of the former zoning ordinance provides that for educational uses, "[t]he

Zoning Hearing Board may waive up to 50% of the required parking spaces if the applicant can

demonstrate that such spaces are not necessary for the proposed use." Based on Mr. Tavani's

expert report and testimony, the Board finds that the 17 spaces requested to be waived are not

necessary for the use of the property as a K through 5 school operating at the levels proposed by

the Applicant.

4 See, 35 Pa. C.S. §5741(a). 5 The opinion was originally to be issued at the Board's regularly scheduled meeting on February 18, 2021, but a winter storm forced the Board to cancel that meeting. With the Applicant's consent, the Board rescheduled the meeting to February 26.

3 124 Mr. Tavani testified that no additional parking spaces are required by the present actual

parking demands at the school. [See Exhibit A-5; N.T. 38-40]. His opinion in that regard relied

on an observational parking study of the property that his firm conducted in 2016. Although that

study could not be updated for the hearing,6 the Board nevertheless finds credible Mr. Tavani's conclusion that:

"...most of the increases in the number of faculty and staff at this site which has [sic] occurred since 1999 have already occurred and therefore are already reflected in the parking demand observations which were made in 2016. Based on those parking demand observations, the Board of Commissioners granted conditional use approval to hold 10 parking spaces in reserve as additional parking spaces were not needed." [Exhibit A-5, Parking Study, p. 2] The Board finds Mr. Tavani's 2016 observational parking study and his related inferences

to be credible. Most of the growth in students, faculty and staff at PWES, which triggered

additional required parking spaces under the zoning ordinance, occurred prior to 2016. Further,

that growth was accounted for in Mr. Tavani's opinion in 2016 that no additional parking spaces

were required to meet the actual parking demand at the school.

Left for us to determine is the parking required by the ordinance to account for the increases

in students, faculty and staff after 2016, and whether the actual parking demand of the school

warrants waiving the 17 spaces requested by the Applicant.

With regard to the faculty and staff, Mr. Tavani testified that the parking for the eight

additional staff (104 minus 96 in 2016) could be accommodated with the 10 reserved spaces

proposed to be paved. [N.T. 37-38] Moreover, Mr. Tavani observed in his 2016 study that there

were always 36 empty parking spaces on the streets surrounding the school that could

6 The COVID-19 pandemic's impact on in-person instruction at PWES made it impossible for Mr. Tavani to update the study with useful, observable data. [Exhibit A-5, Parking Study, p.1]

4 125 accommodate the added staff. [Exhibit A-5, Parking Study, p. 2] As for the parking required as a result of enrollment growth (from 720 in 2016 to 825), the former code requires one visitor parking space per 25 students not of driving age. Here that means five new spaces (105 additional students divided by 25, rounded up). That number is still far less than the 36 on-street spaces which can be expected to be available. [See Exhibit A-5; N.T. 39-41]

In summary, this Board concludes that the paving of 10 reserved spaces, the presence of ample on-street parking surrounding the property and the desire of all impacted parties to keep the added impervious surface to a minimum warrants the grant of a waiver for 17 new on-site parking spaces.

5 126 127 AGENDA ITEM INFORMATION

ITEM: PRELIMINARY LAND DEVELOPMENT PLAN - 600 N. Ithan Avenue, Harriton High School, Rosemont, Ward 6, LD# 3848

Consider for recommendation to the Board of Commissioners approval of a Preliminary Land Development Plan. The Plan dated January 8, 2021, last revised March 18, 2021, prepared by Chester Valley Engineers, Inc, shows construction of 4,865 sq. ft. classroom addition and construction of 29 surface parking spaces shown in a new west lot which consist of 22 new parking spaces and seven existing parking spaces relocated from elsewhere on the site. The plan also shows the installation of 36,394 sq. ft. of additional concrete pads and installation of stormwater management.

Expiration Date – 4/30/2021……...... Zoning – R1

Applicant: Robert Copeland, Superintendent, Lower Merion School District Applicant's Representative: Fred Fromhold, Esquire, Fromhold Jaffe and Adams Property Owner: Lower Merion School District

On Monday, April 5, 2021, the Planning Commission recommended approval subject to the following conditions which shall be complied with on the Final Plan.

Township Engineers Review:

1. The Township Engineer’s review letter dated March 26, 2021 shall be incorporated by reference into these conditions of approval to the extent the same is not inconsistent with these conditions of approval or any relief or modifications granted.

Conditional Use Approval:

2. The applicant shall comply with the conditional use approval.

Architectural Elevations:

3. The proposed building(s) shall be constructed substantially as shown on the architectural elevations, unattributed and dated January 8, 2021, with the exception of any de minimis changes, including those mutually agreed to with staff.

4. The mean grade of the structure considering the addition shall be calculated and shown on the plan. Documentation showing the calculations shall be provided. The height of the structure shall be verified with the revised grading.

Site Layout:

5. The applicant shall install sidewalks along the full property frontage.

128 6. The western portion of the pathway located adjacent to the West Lot shall be removed.

7. The concrete pad for spectators adjacent to the Lacrosse Field shall be removed if and when the 124-space parking lot is installed.

Landscape Plan:

8. A revised landscape plan complying with Natural Features Code Section 101-9 and conditions herein shall be prepared and sealed by a Registered Landscape Architect and submitted with the Final Plan.

9. Landscape improvements provided for this application shall be perpetually maintained in a healthy and/or sound condition in compliance with Natural Features Code Section 101-11. The applicant shall record a covenant on the property in a form acceptable to the Township Solicitor to guarantee this requirement. A draft covenant shall be submitted with the Final Plan.

10. All plant material required by a previous land development approval and shown to be removed shall be replaced. The applicant shall work with staff on the species and location.

11. At such time as the reserved parking may be required, staff recommends that the applicant submit a formal plan for the review and approval of the Director of Building & Planning to consider any changes to the natural features or site conditions that may have occurred.

12. The applicant shall replace the deciduous trees labeled as Fall Fiesta Sugar Maple and Green Mountain Sugar Maple with substitutes such as but not limited to River Birch, Betula nigra sp.; Swamp White Oak, Quercus bicolor sp., or Zelkova, Zelkova serrata.

13. The applicant shall work with staff to add additional plant material long the rear buffer. The plan shall include an additional two deciduous canopy trees, 13 deciduous shrubs, two evergreen trees and 17 evergreen shrubs. The applicant shall work with Planning Staff on the plant species.

Traffic & Circulation:

14. The traffic study shall be revised to provide more detail and specific queue calculations for the proposed conditions and describe the potential impact to internal site circulation as compared to previously observed conditions. Traffic control signage shall be installed if requested by the Township.

15. The traffic study shall be revised to investigate additional potential mitigation measures to improve operation at the intersection of N. Ithan Avenue and the western school driveway, including additional detail regarding why a separate right-turn lane on the school’s western access driveway would not improve the queue and delay issues identified at the intersection during the morning peak hour. If additional mitigation measures are determined to be infeasible by the Township Engineer, a post-development traffic monitoring program should be developed to evaluate the need for turn restrictions at the western driveway and/or improvements at the adjacent intersection of Old Gulph Road and N. Ithan Avenue.

16. The applicant shall investigate operational changes that can be made to lessen the peak traffic intensity, such as but not limited staggered departure times.

Stormwater Management:

17. All proposed inlets within the project area shall be numbered on the plan for reference.

18. The existing inlets that are proposed to receive the connections of the basin outflows shall be noted to be

129 repaired/replaced as required or as directed by the Township.

19. The storm pipe profiles are to be revised to include existing utilities crossing proposed storm sewer pipes to verify adequate vertical clearance is provided.

20. The infiltration components for proposed facilities located in areas suitable for infiltration are to be expanded to maximize recharge of the increased runoff volume from the site for the twenty-five (25) year storm, where feasible as determined by the Township Engineer.

Construction:

21. The applicant shall submit a parking plan with the Final Plan detailing where construction vehicles will be parked. The plan shall be subject to the approval of the Township prior to the issuance of any permits.

22. All construction-related vehicles shall be parked on site or at a remote site not in the neighborhood. No construction-related vehicles may park on the street. This includes personal vehicles operated by construction workers or vehicles operated for construction workers, material suppliers, product vendors, and all construction trades engaged in the project.

Utilities:

23. The location of all transformers and utility boxes shall be shown on the Final Plan. Additional utility improvements resulting in material changes to the approved plan including but not limited to the loss of required parking, changes to circulation patterns or the alteration of the quantity or location of proposed landscaping shall require an amendment to the approved plan.

Standard Conditions of Approval:

24. All text on the plan set should be clearly legible and adjusted to avoid overlap of multiple items.

25. The applicant shall consider incorporating green technology into the project including but not limited to a green roof, solar panels, geothermal heat and air conditioning and an electric vehicle charging station. The applicant shall also consider having no natural gas connections.

26. The applicant shall install a Knox Box entry system at the exterior of all commercial, institutional and multifamily residential buildings at or near the main entrance to the building and/or at other locations as determined and approved by the Fire Marshal.

27. An outdoor lighting plan, sealed by a responsible design professional that includes illuminance patterns shall be submitted to and approved by the Director of the Building and Planning Department prior to issuance of any permits. The location, luminaire type, wattage, means of control and pole height shall be indicated. Lighting shall be designed to minimize the off-site transmission of light, to shield the source of illumination and to prevent glare on adjacent properties. Exterior luminaires shall be full cut-off unless it can be demonstrated that cut-off luminaires are more appropriate and will result in less off-site light trespass.

28. The lighting plan shall be designed to comply with the IECC or the ANSI/ASHRAE/IES Standard 90.1 that is in effect at the time of the application.

29. If required by a Township Public Safety Agency, all new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communications systems at the exterior of the building.

130 30. Any changes to the approved plans shall require the submission of an as-built plan prior to the issuance of a Certificate of Occupancy. Building and Planning staff can waive this requirement if the changes are determined to be insignificant. 31. A copy of the revised plan shall be submitted with any changes highlighted. A letter shall also be provided with the revised plan indicating how each requested revision has been addressed in the re-submission.

32. The Final Plan, complying with all applicable conditions of approval, shall be filed with the Department of Building and Planning within twelve (12) months from the date of the Preliminary Plan approval by the Board of Commissioners.

33. The owner shall make payment of fees and expenses of the Township’s professional consultants who perform services on behalf of the Township with respect to these plans and the work contemplated thereunder and will establish and maintain with the Township those escrows for the payment of such fees required by Township Code. Owner agrees that any statement from the Township for such fees which remain unpaid for a period of 30 days may be recorded against the property as a municipal lien.

34. The owner shall make payment of the Township Engineer’s inspection fees within 30 days of presentation. A penalty of 1.5% per month will be due for late payments from the date of presentation. If any shares are not paid within 60 days of presentation, the Township may elect to suspend any outstanding permits until all pending charges are settled.

35. The property owner(s) shall comply with all applicable federal, state, county, local and Lower Merion Township ordinances and laws regardless of specific mention herein.

PUBLIC COMMENT ATTACHMENTS: Description Type Issues Briefing Backup Material Township Engineer's Review Backup Material County Review Backup Material

131 2.

March 31, 2021

TO: Planning Commission Members

FROM: Christopher Leswing, Director, Department of Building & Planning Jillian Dierks, Planner, Department of Building & Planning

SUBJECT: PRELIMINARY LAND DEVELOPMENT PLAN – 600 N. Ithan Avenue, Harriton High School, Bryn Mawr, LD# 3848, Ward 6

This application was submitted under the zoning in place on September 2019 and is not subject to the current zoning code requirements.

Proposal The applicant, Robert Copeland, on behalf of the Lower Merion School District, is seeking Preliminary Plan approval for the following:

• Construction of a three-story building addition with a 4,862 sq. ft. footprint, to contain six classrooms and four labs; • Construction of 29 surface parking spaces shown in a new west lot which consist of 22 new parking spaces and seven existing parking spaces relocated from elsewhere on the site; • Installation of 36,394 sq. ft. of additional concrete pads at the northwest corners of the existing building, track area, and tennis court; • Installation of stormwater management areas; and • Construction of a pedestrian bridge over the existing stormwater biofilters in the east parking lot.

The proposal is illustrated on the attached four sheet plan set dated January 8, 2021, last revised March 18, 2021, prepared by Chester Valley Engineers, Inc.

ZONING DISTRICT EXISTING LAND USE PROPOSED IMPROVEMENT R1- Residential Zoning District Public School Construction of a 4,865 sq. ft. classroom addition, a 29-space parking lot, and a reserve parking area.

On January 22, 2020 the Board of Commissioners granted Conditional Use approval to hold 124 required parking spaces in reserve, per Zoning Code Section 155-95.1. The 124 reserve parking spaces are shown in the location of the lacrosse fields.

132 Plan Revisions since Tentative Sketch Plan Review Since the Planning Commissions reviewed the Tentative Sketch proposal in December of 2019, the plan has been revised in the following ways: • A reduction in impervious coverage by 30,164 square feet; • A reduction of 20 parking spaces in the reserve Lacrosse Lot; • 20 previously approved reserve parking spaces are shown to remain along the access drive; • Crosswalks and a pathway surrounding the West Parking Lot were added.

Review Process & Prior Approvals: Tentative Sketch Plan & Conditional Use: The applicant received Tentative Sketch Plan and Conditional Use approval for the proposal on January 22, 2020. • Tentative Sketch Plan Approval o The Tentative Sketch Plan approval included relief from the following code requirements: . Natural Features Code Section 101-5.C.2.a to not minimize site disturbance on slopes exceeding 15%; and . Natural Features Code Section 101.5.C.2.b to disturb slopes exceeding 25%. • Conditional Use Approval. The conditional use approval required the following: o The applicant shall agree in a recorded covenant to install the reserve parking spaces at any future time if and when the Zoning Officer determines that the reserve parking spaces are needed to accommodate the use of the property; and o Additional landscape buffering being installed adjacent to Harriton Farm. Preliminary Plan Meeting Schedule: The tentative schedule for the Preliminary Plan review of the proposal is as follows: → April 5, 2021 Planning Commission Review of the Preliminary Plan

April 14, 2021 Building & Planning Committee Review of the Preliminary Plan

April 21, 2021 Board of Commissioners Review of the Preliminary Plan UPCOMING

Additional information about the Township’s Land Development approval process is illustrated in the Subdivision & Land Development Flowchart. This application is currently in the Stage 4: Public Meetings portion of the process.

Property Description The parcel is approximately 50 acres and contains the existing high school, athletic fields and associated parking areas. The property is bordered to the north, east and west by residential properties. To the south, the site is bordered partially by Beaumont at Bryn Mawr and residential properties.

Zoning The property is located in the R1 Zoning District; however the Public School Use is regulated by Zoning Code Section 155- 11.E. The Following table details the applicable bulk and area requirements for the existing and proposed conditions. There are no proposed changes to lot area, lot width, required setbacks or building height.

R1 Zoning District Existing Proposed 30,000 sq. ft. 2,144,497 sq. ft. Minimum Net Lot Area (sq. ft.) .69 acres 49.23 Acres 9.6% 18.75%* 9.3% Maximum Building Area 205,098 sq. ft. 402,093 sq. ft. 200,236 sq. ft. (+ 4,862 sq. ft.) 2

133 35.2%*** 45%** 30.2% Maximum Impervious Surface 755,756 sq. ft. 965,023 sq. ft. 647,812 sq. ft. (+ 99,244 sq. ft. or 2.3 acres) 639 785**** Required Parking 785 (469 paved (491 paved 170 in reserve) 124 in reserve) *Per Section 155-11.E.1.b the building area of each lot may not exceed the maximum permitted building area in the underlying zoning district by more than 25%. R1 max. is 15% x 1.25 = 18.75% **Per Section 155-11.E.1.c. Public schools in the RAA through R-2 Zoning Districts located on parcels of 20 acres are permitted a maximum of 45% impervious surfaces. ***Incudes the impervious associated with the proposed reserve parking. ***639 (469 paved + 170 reserve) + 146 (22 paved + 124 reserve) = 785 parking spaces.

Applicable Studies and Reports • Lower Merion School District Growth: o LMSD Enrollment Study 2019 Update, prepared by the Montgomery County Planning Commission (MCPC), November 18, 2019 o Planning for Growing Enrollment Documents • Lower Merion Township Comprehensive Plan, 2016: o Community Facilities and Infrastructure Element (Public Schools, pg. 54)

Additional Reviews • Lower Merion Township Engineer (attached)- The Township Engineer’s review has been incorporated into the recommended conditions of approval. • Montgomery County Planning Commission Review (attached)- The County review notes include specific recommendations for tree replacement and species, as well as plan coordination. The County recommendations have been either addressed on the attached plan or have been incorporated into the issues below as well as the recommended conditions of approval. • Lower Merion Environmental Advisory Council (EAC)- The EAC reviewed the proposal at their March 23, 2021 meeting. The EAC made no comment on the proposal.

Site Opportunities Staff has identified the following elements for the applicant to consider and incorporate into the plan.

1. Walkability

The 2006 land development approval for the construction of the current high school building included a condition requiring the school district to “install sidewalks along the entire Ithan Avenue frontage at such time as required by the Township to create a linked pedestrian network in the Township.” The Circulation Element of the Lower Merion Comprehensive Plan states:

“Walkable communities are healthy communities [1]. Walkable suburban communities are generally considered desirable places to live and retain high property values. Sidewalks are considered one of the good things about high-quality places to live. Along residential streets with very low traffic volumes, sidewalks may not be necessary for walkability. However, along residential streets with higher traffic volumes sidewalks are necessary to ensure the safety of pedestrians.”

1 Healthy Community Design Fact Sheet. Centers for Disease Control National Center for Environmental Health. 3

134 In an effort to upgrade pedestrian infrastructure within the community, staff recommends that the required sidewalks be installed along the N. Ithan Avenue frontage and has included this as a condition of approval.

2. Traffic

In his review, the Township Engineer noted that the traffic study indicates that queues on the site could increase 30-50% with the proposed enrollment increase. He recommended that the study provide more detail and specific queue calculations for the proposed conditions and describe the potential impact to internal site circulation as compared to previously observed conditions. A condition of approval has been included requiring traffic control signage to be installed if requested by the Township.

The Township Engineer also requested that the traffic study investigate additional potential mitigation measures to improve operation at the intersection of N. Ithan Avenue and the western school driveway, including additional detail regarding why a separate right-turn lane on the school’s western access driveway would not improve the queue and delay issues identified at the intersection during the morning peak hour. If additional mitigation measures are determined to be infeasible by the Township Engineer, a condition of approval requires that a post-development traffic monitoring program shall be developed to evaluate the need for left turn restrictions for N. Ithan Avenue at the western driveway and/or improvements at the adjacent intersection of Old Gulph Road and N. Ithan Avenue, such as signal timing improvements.

Staff has also included a condition of approval requiring the applicant to investigate operational changes that can be made to lessen the peak traffic intensity, such as staggered departure times.

3. Structured Parking

A condition of the Tentative Sketch Plan approval required the applicant to investigate structured parking to accommodate portions of the reserve parking either above the existing east parking lot or in the location of the existing tennis courts, with the tennis courts to be located above the structure, as has been done recently on the Shipley School campus. With the submission of the Preliminary Plan the applicant indicated that the conditional use approval showed 124 additional parking spaces in reserve in “Lacrosse Lot” and therefore, the Preliminary Plan shows the additional reserve parking spaces in reserve in the “Lacrosse Lot.” This recommendation has not been incorporated as a condition of approval again, however, staff continues to Structured Parking & Tennis Courts at the Shipley School in Bryn Mawr urge the applicant to consider structured parking as a more efficient use of the land and available athletic field space.

4. Impervious Surface

The plan shows the addition of 36,394 sq. ft. (.8 acres) of additional concrete pads at the northwest corners of the existing building, track area, and tennis court. Staff notes that this represents a reduction from what was proposed during the Tentative Sketch Plan review but continues to urge the applicant to consider if all of the impervious area proposed is necessary.

135

The plan also shows the addition of a concrete pad for spectators adjacent to the Lacrosse Field. Staff has included a condition requiring the applicant to remove this improvement if and when the 124-space parking lot is installed.

The plan shows a pathway surrounding the 29-space West Lot. The pathway extends into areas of steep slopes. Given that the West Lot will only be used for staff and public access will be restricted, the pathway will serve a limited purpose. Staff has included a condition requiring the pathway to be removed.

5. Landscape Plan

The landscape plan shows the removal of approximately thirty trees that were installed at the time of the 2006 land development approval. Staff has included a condition of approval requiring the applicant to provide replacement trees and shrubs for all plant material shown to be removed that was previously required as part of a land development approval.

Action

The Planning Commission must take the following actions for this application:

1. Provide a recommendation on the Preliminary Land Development Plan

136

TOWNSHIP TOWNSHIP ENGINEER OF 75 E. Lancaster Avenue Ardmore, PA 19003 2376 LOWER MERION Telephone: (610) 645-6200 www.lowermerion.org MONTGOMERY COUNTY

LOWM 254.97 March 29, 2021

Christopher Leswing, Director of Building and Planning Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003

Re: 600 N Ithan Ave – Harriton High School Preliminary Plan Review

Dear Mr. Leswing:

In accordance with your request for the referenced submission, we have reviewed a set of twenty-four (24) plans dated 01-08-21, last revised 03-19-21, associated post-construction stormwater management report dated 01-08-21, and erosion and sedimentation control plan narrative dated 01-08-21, prepared by Chester Valley Engineers, Inc. We have also reviewed a traffic and parking study dated 01-08-21, prepared by F. Tavani and Associates, Inc. We offer the following comments for your consideration:

A. MAJOR ENGINEERING ISSUES

❖ Stormwater – The provided soil testing indicates limited capacity for infiltration at certain locations within the limits of disturbance. The infiltration components for proposed facilities located in areas suitable for infiltration are to be expanded to maximize recharge of the increased runoff volume from the site for the twenty-five (25) year storm.

❖ Traffic – With the proposed increase in enrollment, the Traffic Impact Study (TIS) indicates an expected increase in traffic of 227 new AM peak vehicular trips and 103 PM peak vehicular trips. The additional traffic will worsen the existing Level of Service (LOS) ‘F’ conditions at the western school driveway to N. Ithan Avenue. The TIS indicates that restricting left turns from exiting the western school driveway would reduce the queuing and delay at the driveway, however, this modification would send all of the school’s exiting traffic from the western driveway through the intersection of Old Gulph Road and N. Ithan Avenue, changing the LOS on the southbound approach of Old Gulph Road from a C (31 seconds of average delay/vehicle) to a D (54 seconds of average delay per vehicle), and the LOS on the westbound approach of N. Ithan Avenue from a C (28 seconds of average delay/vehicle) to a D (53 seconds of average delay per vehicle). Additional mitigation measures for the western school driveway should be investigated.

With the resolution of the above major engineering issue and the remaining comments in this letter incorporated, we recommend that the Preliminary Plan be approved.

137 LOWM 254.97 Page 2 March 29, 2021

B. ORDINANCE REQUIREMENTS

1. Section 101-6A(1)—All woody vegetation to be retained within twenty-five (25’) feet of a building site or disturbed area shall be protected from equipment damage by fencing placed at the driplines. If the tree protection fence is not shown at the driplines of all trees to remain, the Township Arborist must approve the location of the tree protection fence.

3. Section 101-6A(6)—Grade changes around the driplines of trees to be retained shall be minimized. Impacted trees shall be clearly identified on the plan. Treatment of the impacted trees prior to construction to protect the root system shall be performed if/as directed by the Township Arborist. The Township Arborist must also approve the procedure.

4. Section 101-6B(2)—If trenches for utilities and storm facilities are proposed within the driplines of trees, all disturbed roots must be cut as cleanly as possible. The trench must be backfilled as quickly as possible, avoiding compaction. Tree limbs must be cut back in proportion to the root area loss. This shall be noted on the plan and made a condition of permit issuance.

5. Section 121-4A(2), 121-15 – The size, type, and material for all existing and proposed roof drains shall be shown on the plans.

6. Section 121-6D(6)—The stormwater calculations shall include hydrographs for all design storms in conjunction with the other HydroCAD data provided in the post construction stormwater management report and the E&S report.

7. Section 121-6D—Time of concentration analysis worksheets analysis shall be provided for all analyzed, pre, during, and post-development drainage areas.

8. Section 121-6H - The size, location and construction details for the proposed stormwater management facilities are to be provided. The construction details are to be revised for consistency with the design calculations.

9. Section 121-6H –Spot elevations for top of berm for the sediment traps should be provided to be consistent with storage calculations on the E&S plan and detail sheets.

10. Section 121-4B(2a)1—The provided soil testing indicates limited capacity for infiltration at certain locations within the limits of disturbance. The infiltration components for proposed facilities located in areas suitable for infiltration are to be expanded to maximize recharge of the increased runoff volume from the site for the twenty-five (25) year storm.

11. Section 121-4E(2L)—Seepage beds shall not receive runoff until the entire contributory area to the BMP has been stabilized. This shall be made a condition of permit issuance.

138 LOWM 254.97 Page 3 March 29, 2021

12. Section 121-12—A NPDES Permit must be obtained from the Montgomery County Soil Conservation District prior to issuance of any permit.

13. Section 135-19B(8) – The traffic study indicates that queues on the site could increase 30-50% with the proposed enrollment increase. The study should provide more detail and specific queue calculations for the proposed conditions and describe the potential impact to internal site circulation as compared to previously observed conditions.

14. Section 135-19B(8) - The traffic study should investigate additional potential mitigation measures to improve operation at the intersection of N. Ithan Avenue and the western school driveway, including additional detail regarding why a separate right-turn lane on the school’s western access driveway would not improve the queue and delay issues identified at the intersection during the morning peak hour. If additional mitigation measures are determined to be infeasible, a post- development traffic monitoring program should be developed to evaluate the need for turn restrictions at the western driveway and/or improvements at the adjacent intersection of Old Gulph Road and N. Ithan Avenue.

15. Section 135-40—A Planning Module or Exemption must be approved by the City of Philadelphia and DEP prior to recording the Final Plan.

C. ENGINEERING COMMENTS

1. A Lighting Plan must be approved by the Director of Building and Planning prior to recording the Final Plan.

2. The Planting Plan must be approved by the Planning Department and the Township Arborist prior to issuance of the permit/recording the Final Plan.

3. All proposed inlets within the project area shall be numbered on the plan for reference.

4. All text on the plan set should be clearly legible and adjusted to avoid overlap of multiple items.

5. The final number of required parking spaces must be approved by the Zoning Officer.

6. The existing inlets that are proposed to receive the connections of the basin outflows shall be noted to be repaired/replaced as required or as directed by the Township.

7. The storm pipe profiles are to be revised to include existing utilities crossing proposed storm sewer pipes to verify adequate vertical clearance is provided.

8. A copy of the revised plan shall be submitted with any changes highlighted. A letter shall also be provided with the revised plan indicating how each requested revision has been addressed in the re-submission.

139 LOWM 254.97 Page 4 March 29, 2021

Please advise if we may be of further assistance in this matter.

Very truly yours,

Joseph A. Mastronardo, P.E. PENNONI ASSOCIATES Township Engineer

Cc: Robert E. Duncan, Assistant Township Manager Chester Valley Engineers, Inc. Traffic Planning and Design, Inc. Lower Merion School District

140 MONTGOMERY COUNTY MONTGOMERY COUNTY BOARD OF COMMISSIONERS PLANNING COMMISSION MONTGOMERY COUNTY COURTHOUSE • PO BOX 311 VALERIE A. ARKOOSH, MD, MPH, CHAIR NORRISTOWN, PA 19404-0311 KENNETH E. LAWRENCE, JR., VICE CHAIR 610-278-3722 JOSEPH C. GALE, COMMISSIONER FAX: 610-278-3941• TDD: 610-631-1211 WWW.MONTCOPA.ORG

Scott France, AICP EXECUTIVE DIRECTOR

February 10, 2021

Mr. Christopher Leswing, Director of Building & Planning Building & Planning Department Township of Lower Merion 75 East Lancaster Avenue Ardmore, PA 19003

Re: MCPC #19-0291-002 Plan Name: 600 N. Ithan Avenue (1 lot/4,865 sq. ft. institutional on approximately 49.2 acres) Situate: N. Ithan Avenue (N); west of Old Gulph Road Township of Lower Merion

Dear Mr. Leswing:

We have reviewed the above‐referenced tentative sketch plan as you requested on December 2, 2019. We forward this letter as a report of our review.

BACKGROUND

The applicant, Lower Merion School District, proposes to construct a 4,865 square foot classroom addition to the existing high school building. A new 29-space parking lot labeled “West Lot” is proposed on the west side of the western driveway, and a reserve parking lot labeled “Lacrosse Lot” with a total of 124 parking spaces is shown off of the eastern driveway near North Ithan Avenue. Several areas of new pavement are shown, primarily around the western side of the high school building and around the southern end of the track. Additional improvements shown at this time include a new pedestrian walkway through the easternmost parking lot and several underground stormwater management facilities. The property is located in the township’s R1 Residence zoning district.

An earlier plan for this site was reviewed in a letter dated December 19th, 2019. The applicant proposes several improvements and modifications in this preliminary plan application. A few of those modifications include a reduction in impervious coverage by more than 20,000 square feet, a reduction in Lacrosse Lot capacity by 20 parking spaces, and crosswalks were added to West Parking Lot. In addition, elevations and landscape plans were provided as part of this submission.

141 Mr. Christopher Leswing - 2 - February 10, 2021 Director of Building & Planning

RECOMMENDATION

The Montgomery County Planning Commission (MCPC) generally supports the applicant‘s proposal. However, in the course of our review we identified the following issues that we feel should be addressed prior to moving forward with the land development. Our review comments are as follows:

REVIEW COMMENTS

PROPOSED PAVED AREAS

MCPC commends the applicant for reducing impervious coverage significantly. The applicant provided an impervious coverage summary on the site plan sheet (page 5), but the plans are somewhat unclear regarding exact locations of paving, driveways and sidewalks. In addition, the landscape plan and the preliminary site plan do not display the same hatched areas that seem to indicate added impervious areas. MCPC recommends the applicant clarify the exact location of added impervious surfaces, and makes sure that all plans align.

REPLACEMENT TREES

The demolition plans indicate several locations where tree removal will be necessary for the proposed improvements of Lacrosse Lot, West Lot, and the building addition. MCPC recognizes that the landscape plans indicate tree planting in three areas, including the two parking areas and the northwest property line. However, it remains unclear how the new planting will compensate for specific tree removal. MCPC recommends the applicant clarify specific replacement planting, as required by section 135-25 - Removal of trees; compensatory planting of Lower Merion code.

TREE SELECTION

The landscape plan indicates the proposed planting of three Fall Fiesta Sugar Maples and four Green Mountain Sugar Maple trees. MCPC would like to note that these two species are better suited to the northern New England climate than the Mid-Atlantic warmer summers, especially in recent years. In addition, the list includes Ulmus Parvifolia (Chinese Elm), which is an invasive species and therefore not recommended as a mid-story canopy tree. We recommend the applicant consider different species that are a better fit for the site.

CONCLUSION

We wish to reiterate that MCPC generally supports the applicant’s proposal to expand an existing institution; however, we believe that our suggested revisions will better achieve Lower Merion Township’s planning objectives for Harriton High School Improvements.

Please note that the review comments and recommendations contained in this report are advisory to the municipality and final disposition for the approval of any proposal will be made by the municipality.

142 Mr. Christopher Leswing - 3 - February 10, 2021 Director of Building & Planning

Should the governing body approve a final plat of this proposal, the applicant must present the plan to our office for seal and signature prior to recording with the Recorder of Deeds office. A paper copy bearing the municipal seal and signature of approval must be supplied for our files.

Sincerely,

Tamar Nativ, Urban Design Planner II 610-278-3757 – [email protected]

c: Lower Merion School District c/o Robert Copeland, Applicant Fred Fromhold, Esq., Applicant’s Representative Chester Valley Engineers, Inc., Applicant’s Engineer Gilbert P. High, Jr., Esq., Twp. Solicitor Ernie B. McNeely, Twp. Manager Edward P. Pluciennik, P.E., Twp. Engineer Jillian Puleo-Dierks, Twp. Planner Holly Colello, Twp. Planning Technician

Attachment A: Reduced Copy of Applicant’s Proposed Site Plan Attachment B: Aerial Image of Site

143 Mr. Christopher Leswing - Attachment A February 10, 2021 Director of Building & Planning

144 Mr. Christopher Leswing - Attachment B February 10, 2021 Director of Building & Planning

145