Consider for recommendation to the Board of Commissioners approval of a Preliminary Subdivision Plan. The Plan, prepared by Yohn Engineering, LLC, dated August 23, 2019, last revised October 18, 2019 shows the subdivision of the existing property into two lots. Lot 1 contains 28,805 sq. ft./ 0.7 acres and includes the construction of a new single family detached dwelling with a 3,594 sq. ft. footprint, a driveway extending from the existing driveway serving 112 Bryn Mawr Avenue and a stormwater management system. Lot 2 contains 10,154 sq. ft./.2 acres and includes the preservation of the existing dwelling, removal of a portion of the existing driveway and construction of a paved parking area.

The application requires the following relief which was recommended for approval by the Planning Commission: 

A.  Subdivision & Land Development Code Section 135-35, to create an irregular lot.

Expiration Date: 11/30/2019....................................................................................Zoning: R4/HROD

Applicant: Meir Badush

Property Owner: Meir Badush

Applicant's Representative: Shaun D. Ward, Esquire, Shaun D. Ward & Associates

On Monday, November 11, 2019 the Planning Commission recommended approval subject to the following conditions of approval: 

Township Engineer’s Review:

1.      The Township Engineer’s review letter dated October 31, 2019 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.

Zoning:

2.      The breakdown of impervious surface for the common driveway allocated to each lot shall be shown on the Final Plan.

3.      The impervious surface for the common driveway on Lots 1 and 2 shall either be allocated evenly amongst the lots served or shall be allocated in a recorded covenant. A draft covenant shall be submitted with the Final Plan and shall be subject to the review and approval of the Township Solicitor.

Architectural Elevations/Site Design:

4.      The applicant shall relocate the proposed house on Lot 1 to align with the prevailing setback along Bryn Mawr Avenue. The applicant shall also consider including a front porch facing Bryn Mawr Avenue. 

5.      Architectural elevations and renderings of all sides of the proposed dwelling shall be submitted with the Second Stage Plan, including the proposed materials. The proposed building shall be constructed substantially as shown on the architectural elevations prepared by Jack Burns Architecture dated August 23, 2019, with the exception of any de minimis changes, including those mutually agreed to with staff.

6.      Second Stage Plan approval shall be obtained from the Planning Commission and Board of Commissioners for the proposed improvements on Lot 1. Architectural elevations of the proposed improvements, including a list of materials, shall be submitted with the Second Stage Plan application.

7.      The four existing entry piers shall be preserved.

8.      The mean grade calculation of the structure shall be labeled for Lot 1. The architectural plans shall be coordinated with and shall comply with the grading proposed with this application.

Landscape Plan/Streetscape:

9.      Four additional shade/street trees shall be provided. All shade/street trees shall be native deciduous canopy trees.

10.   The applicant shall consider planting the full length of the southern property line adjoining 111 Union Avenue.

11.   The applicant shall consider providing additional plant material at the two corners of the property along Bryn Mawr Avenue.

12.   If the existing privet hedge is to remain, it shall be maintained so as to not encroach into the sidewalk.

13.   All bamboo and noxious weeds shall be removed from the property. If the bamboo is migrating onto the property from an adjoining property, a barrier shall be installed to prevent the bamboo from further encroachment and to prevent migration and regrowth of the bamboo.

14.   A more detailed chart demonstrating compliance with the Natural Features Code Section 101-9.A shall be added to the landscape plan and shall include the required and provided number of all plant material.

15.   All required trees and shrubs shall meet the minimum size requirements in Natural Features Code Section 101-9.A.2.

16.   The applicant shall provide native or non-invasive adapted plant species on the landscape plan.

17.   All existing trees to remain shall be devined.

18.   Landscape material 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.

19.   A revised landscape plan complying with Natural Features Code Section 101-9, Zoning Code Section 155-167.7 and conditions herein shall be prepared and sealed by a Registered Landscape Architect and submitted with the Final Plan.

Stormwater Management:

20.   The applicant shall investigate the possibility of acquiring an easement to connect the outflow pipe from the proposed stormwater system on Lot 1 into the existing storm sewer system in Birch Avenue. If an easement cannot be obtained across 105 Birch Avenue, then the stormwater system shall be revised to include additional peak rate of runoff control including that the ten (10) year post development condition shall be controlled to the pre-development two (2) year peak rate.

21.   The level spreader location shall be field adjusted to maintain existing drainage patterns and conditions. 

Construction Details:

22.   An as-built plan shall be submitted for Lot 2.

23.   The applicant shall conduct regular street cleaning of all roadways adjacent to active portions of the construction site. Staff shall have the right to order street cleaning more often if there is evidence of construction related debris in the roadway during the project.

24.   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:

25.   The location of all transformers and utility boxes shall be shown on the Final Plan. Additional utility improvements resulting in material changes to 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 Plan Items/Conditions of Approval:

26.   New legal descriptions, including metes and bounds, shall be submitted with the Final Plan for each new lot line and/or property boundary.

27.   New deeds shall be recorded for all lots after the Final Plan has been recorded. The following restriction, to be verified by the Building and Planning Department, shall be placed in the deed for Lot 1: The continued operation and maintenance of the stormwater management facilities are the responsibility of the property owner.

28.   A metes and bounds description shall be provided for the access easement on Lot 1 for the benefit of Lot 2. The easement language shall be subject to the approval of the Township Solicitor prior to recording the Final Plan.

29.   An indemnification agreement shall be established for the existing pillars in the right of way of Bryn Mawr Avenue.

30.   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.

31.   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.

32.   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.

33.   New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting on the property. The address numbers shall be a minimum of four (4) inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm).

34.   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.

35.   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.

36.   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.

37.   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.