In expansion of the declaration of legislative intent and statement of community development objectives contained in Article
I, §§
350-1 and
350-2, respectively, of this chapter, and in furtherance of the goals and policies of the adopted Upper Moreland Township Comprehensive Plan, the Willow Grove Core Area Study and the Montgomery County Plan for Revitalizing Commuter Rail Stations, it is hereby declared to be the intent of this article, with respect to the CC Commercial Core District, to:
A. Encourage the development, redevelopment and revitalization of land
and buildings within the defined core area for a variety of commercial
and office uses, either individually or within the same building,
and for compatible mixed-use developments, incorporating both residential
and nonresidential uses, so that new development can serve to mutually
support and strengthen the existing linkages between the commuter
rail station, its ancillary facilities, and the defined core area.
B. Encourage increased ridership on the existing commuter rail system.
C. Minimize traffic congestion on roads serving the core area, while
promoting energy conservation, by encouraging pedestrian-oriented
transit ridership, structured parking facilities and shared accessways.
D. Increase the comfort and convenience of rail commuters and promote
the choice of transportation modes for travelers to and from the station
and its environs.
E. Provide density and intensity incentives for those development plans
that include design features, facilities and other improvements that
support and enhance the interrelationships among the commuter rail
station, the defined core area and adjacent areas.
F. Finally, it is the intent of the CC District to provide for the evaluation
of all subdivision and development activity proposed to be located
within the defined Commercial Core District to ensure that subsequent
development, if implemented, will to the maximum extent feasible be
compatible with the goal of integrating the commuter rail station
and its supporting facilities into an overall program for the development,
redevelopment and revitalization of the core area in furtherance of
the general welfare of the residents of Upper Moreland Township and
commuters from surrounding communities.
In the Commercial Core District, a building may be erected,
altered or used and a lot may be used or occupied for any of the following
uses or combination of said uses and no other:
A. Rail station and supporting facilities, including taxi stand, bus
shelter and similar uses.
B. Those uses permitted in the C-1 Commercial District, Article
XII, and the O Office District, Article
XV, of this chapter. However, new residential dwellings, in accordance with the requirements of the R-3 Residence and M Multiple Dwelling Districts, shall not be permitted in the CC Commercial Core District.
C. Mixed-use developments, including combinations of any of the permitted uses above, residential uses and any of the conditional uses, either within a single building or in separate buildings on the same site, in accordance with the requirements of §
350-57 of this article.
D. The following institutional uses, only, in accordance with the requirements of the INST Institutional District, Article
XXII of this chapter:
(3) Club or meeting space for community groups.
(4) Day-care center or nursery.
E. Active and passive open space and recreation areas, plazas, arcades,
pedestrianways and other public spaces.
F. Parking and loading facilities, including above-grade, structured
parking for the use of patrons, residents and employees.
G. The following uses, when authorized as a conditional use by the Board
of Commissioners of Upper Moreland Township:
(1) Hotel or motel, provided that every room shall include a bathroom, each room and bath shall have a total minimum usable floor area of not less than 200 square feet, the minimum tract size shall be not less than one acre, and all other development requirements shall be in accordance with §
350-57 of this article.
(2) Gasoline service station, auto repair shop, and fast-food restaurant,
only when such uses are proposed as part of a mixed-use development.
(3) Any use of the same general character as those uses specified in Subsection
G(1) and
(2) of this section that would support the overall intent of this article.
H. Accessory uses located on the same lot with and customarily incidental
to the permitted and conditional uses specified in this section.
I. Antenna or cellular tower as a special exception in accordance with the provisions of §
350-185 of this chapter.
The following general development prerequisites must be met
by any applicant desiring to develop land within the Commercial Core
District.
A. Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract. It shall be agreed that the tract will be developed under single direction in accordance with an approved plan. Development of the tract shall commence in earnest in accordance with the development agreement required in Subsection
D herein. Transfer of ownership, except by mortgage, prior to or during construction shall result in a meeting between the new owners and the Board of Commissioners to reaffirm the development agreement.
B. Sewer and water facilities. The tract of land shall be served by
public sewer and centralized water facilities deemed acceptable by
the Board of Commissioners upon recommendation of the Township Engineer.
C. Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of each area of the entire tract, which plan or plans shall comply with §§
350-58 and
350-59 of this article, as well as all pertinent requirements of the Upper Moreland Township Land Development and Subdivision Regulations, and other applicable ordinances.
D. Development agreement. The development of a tract carried out in
either a single phase or in stages shall be executed in accordance
with a development agreement. The owner, developer and Township shall
enter into said agreement embodying all details regarding compliance
with this article and the Land Development and Subdivision Regulations
to assure the binding nature thereof to the overall tract and its
development, which agreement shall be recorded with the final development
plan.
E. Development justification statement. Any request for development of land within the Commercial Core District shall be accompanied by a written statement in accordance with the requirements of §
350-59 of this article.
F. Rezonings. Any application to rezone land to the CC Commercial Core District shall be accompanied by a written statement in accordance with the requirements of §
350-59 of this article and by a site plan which generally describes the proposed use of each area of the entire tract.
In addition to the information to be shown on plans submitted
in accordance with the Upper Moreland Land Development and Subdivision
Regulations, the following information shall be shown by all applicants
desiring to develop land within the Commercial Core District:
A. The location and size of the site.
B. The proposed density (dwelling units per acre) and/or intensity (gross
floor area and gross leasable area) of the proposed development.
C. The total amount of proposed public space, including a breakdown
of open space and paved public space, if any. The manner of ownership
and maintenance of any such public space shall also be set forth,
including a copy of the covenant to be incorporated in the individual
deeds, if applicable.
D. The height and placement of proposed buildings or building groups
and their relationship to existing structures on the same and adjacent
tracts.
E. The number of proposed off-street parking and loading spaces for
each use or group of uses.
F. A written statement from the appropriate authority(ies) establishing
the availability of public sewer and water systems to serve the proposed
development.
G. Plans, maps and/or renderings showing the relationship of the proposed
development to its immediate surroundings and to the commuter rail
station.
H. The text of pertinent covenants, easements and existing restrictions
or those to be imposed upon the land or buildings, including provisions
for public utilities and public access.
I. For plans involving staged development exceeding two years, a schedule
showing the proposed time and manner of completion of all phases of
construction.
An applicant proposing to rezone, develop or subdivide a parcel or parcels of land or convert an existing building or use in accordance with the requirements of this article shall comply with §§
350-56 and
350-58 of this article and shall also provide a narrative description of the proposed action(s) as well as pertinent supplementary materials to the Township Manager. The narrative description shall set forth:
A. The relationship of the proposed action to the declaration of legislative
intent of this article.
B. The applicant's request for development incentive(s) (if any), as
well as the qualifying criteria that will be met in order to justify
the requested development incentive(s).
C. A general description of the proposed building(s) and use(s), when
pertinent, as well as the proposed off-street parking and loading
and vehicular and pedestrian access systems and their relationship
to the commuter rail station and its ancillary facilities.
D. When pertinent, appropriate legal documents setting forth any agreement
for shared parking and loading facilities and vehicular and pedestrian
accessways.
E. A written request and description of any proposed modifications from
the standards of this article being sought by the applicant.
F. A general description of the alternatives considered by the applicant
prior to selecting the proposed course(s) of action and request(s)
for modifications, if any.
The plans and documents required in §
350-59 of this article shall be reviewed in accordance with the following process:
A. Township and County Planning Commissions review. The plans and documents required in §
350-59 of this article shall first be reviewed by the Township Planning Agency. Its review shall be submitted to the Board of Commissioners not later than 45 days after the applicant has filed an intention with the Township Manager to develop, convert or subdivide land or a building within the Commercial Core District.
(1) If the proposed action involves a subdivision, land development or
conditional use, as defined in Act 247, the Pennsylvania Municipalities
Planning Code, a copy of the submitted materials shall be submitted to
the Montgomery County Planning Commission for its advisory review.
(2) If the proposed action does not fall under any of the actions specified in Subsection
A(1) above, the Board of Commissioners may request the Montgomery County Planning Commission to undertake an informal, advisory review of the submitted materials.
(3) For either Subsection
A(1) or
(2) above, the Board of Commissioners may also request review and comment from the Planning Division of the Southeastern Pennsylvania Transportation Authority (SEPTA).
(4) In any case, the Board of Commissioners shall not act upon the applicant's
proposal until the expiration of 45 days or the receipt of the Township
and (where applicable) County Planning Commission reviews, whichever
occurs first.
B. Township Engineer review. Simultaneously with the review of the Township
and County Planning Commissions, the Board of Commissioners shall
request the review of the Township Engineer on the submitted materials.
This review shall also be completed not later than 45 days after the
applicant's submission of plans with the Township Manager.
C. Board of Commissioners' review and action. The Board of Commissioners
shall review the recommendations of the reviewing parties and shall
act upon the applicant's proposal within 90 days (unless said time
period is extended by agreement with the applicant) from the date
of the applicant's submission of plans with the Township Manager.
(1) In the case of a conditional use, the Board of Commissioners shall
conduct a public hearing, pursuant to public notice, on the applicant's
proposal. The initial decision on the proposed conditional use shall
be made not later than 30 days following the last public hearing on
the proposed action.
(2) In rendering a negative decision against any proposed action within
the Commercial Core District, the Board of Commissioners shall clearly
set forth the reasons for its decision and any ameliorative steps
that the applicant could take to address the problems raised by the
present submission.
In addition to the incentives for various actions specified in this article, the Board of Commissioners may approve minor modifications to the site development regulations of this article if, in its opinion and with the concurring advice of the Township Engineer and Township Planning Agency, the proposed modifications will result in furthering the declaration of legislative intent of this article. Any such modifications shall be requested in writing by the applicant in accordance with the requirements of §
350-59 of this article.