It is the specific intent of this article to permit the redevelopment
of the Publicker Site without imposing additional burdens on the road
network, businesses and residents of Linfield Village by assuring
that the Publicker Transportation Improvements will be installed contemporaneously
with the various phases of the redevelopment of the Publicker Site.
A. Definitions applicable to Article
XXXV, Logistics Center/Warehouse Conditional Use Overlay District. The following definitions shall apply in this Article
XXXV, Logistics Center/Warehouse Conditional Use Overlay District:
PUBLICKER SITE
That approximate 190-acre tract of land known as the Publicker
Site situate in Limerick Township and being identified as Tax Parcel
No. 37-00-02785-00-4.
The Logistics Center/Warehouse Conditional Use Overlay District
shall apply to the HI Heavy Industrial Zoning District.
The following uses shall be permitted by a conditional use when
approved in compliance with the procedures, standards, and criteria
contained in this chapter.
C. Any other use permitted in the HI Heavy Industrial District.
In addition to the conditional use requirements set forth in this chapter, specifically §
184-43, an application for conditional use pursuant to the Logistics Center/Warehouse Conditional Use Overlay District shall satisfy the following standards and criteria, as applicable:
A. The proposed use or development must be a permitted use in the Logistics
Center/Warehouse Conditional Use Overlay District.
B. Public central water and sewer facilities shall be provided.
C. The tract must have direct access to an arterial or a collector street.
D. Transportation improvements.
(1)
The redevelopment of the Publicker Site for the uses permitted
by the conditional use provisions of this ordinance shall not be permitted
to occur unless the Township receives adequate assurances that the
Publicker Transportation Improvements will be substantially completed
contemporaneously with the redevelopment of the various phases of
the Publicker Site.
(2)
The applicant's conditional use application shall be accompanied
by a traffic impact study ("TIS") prepared in accordance with the
Pennsylvania Department of Transportation's ("PennDOT") Policies
And Procedures for Transportation Impact Studies Related to Highway
Occupancy Permits. The TIS shall analyze the intersections and roadway
sections agreed to by the applicant's traffic engineer and the
Township's Traffic Engineer prior to the submission of the applicant's
conditional use application.
(a)
The TIS shall schematically depict each of the Publicker Transportation
Improvements ("schematic improvements") to be constructed or installed
in each of the intersections and roadway segments agreed to be improved
by the Township Traffic Engineer and the applicant's Traffic
Engineer. Prior to submission of a conditional use application, the
applicant shall submit the TIS to PennDOT and obtain the consensus
of PennDOT to the schematic improvements within the TIS.
(b)
As a condition of approval of the applicant's conditional
use application, the applicant shall (i) agree that the applicant's
application for approval of its land development plans for the redevelopment
of the Publicker property shall be accompanied by drafts of the applicant's
highway occupancy plans ("HOP") that depict the details of the schematic
improvements, (ii) agree that that the HOP plans shall be reviewed,
finalized, and agreed to by the Township's Traffic Engineer and
the applicant's Traffic Engineer simultaneously with the finalization
and approval of the applicant's land development plans (iii)
a declaration of covenants in form agreed to by the Township and the
applicant guaranteeing the installation of the Publicker Transportation
Improvements shall be recorded simultaneously with the approved final
land development plan or first approved phase plan, as applicable.
(c)
When the applicant desires to commence the construction of each
phase of the redevelopment of the Publicker property and requests
that the final plans for such phase be recorded the applicant shall
post financial security for such phase and for the portion of the
Publicker Transportation Improvements that are required to be constructed
at the same time.
(3)
The Publicker Transportation Improvements may be installed in
phases as phases of the Publicker Site are redeveloped, and the phasing
of specific improvements shall be mutually agreeable to the Township,
applicant, and PennDOT. The approved HOP plans may contain a schedule
for the construction of phases of the Publicker Transportation Improvements
or a formula for determining the scope of the portions of the Publicker
Transportation Improvements that are to be constructed with each phase
of the redevelopment of the Publicker property. If PennDOT requires
changes in the scope of the Publicker Transportation Improvements
as a condition of the issuance of the PennDOT approval it shall be
the applicant's responsibility to obtain the PennDOT HOP and
construct such additional or different transportation improvements
required by PennDOT. Prior to recording of any land development plans
for a particular phase, a PennDOT highway occupancy permit shall be
issued for the required improvements of that phase.
(4)
As a condition to the recording of each land development plan
that depicts the construction of a building or buildings on the Publicker
Site, the applicant shall post financial security in the form acceptable
to the Township Solicitor and Traffic Engineer to secure to the Township
that the portion or portions of the Publicker Transportation Improvements
required to mitigate the impact of the construction of the building
or buildings in the Publicker Site that is depicted in each such land
development plan will be substantially complete at the time that the
first certificate of occupancy for improvements to the interior of
the first building or buildings to be constructed on that phase of
the Publicker Site as depicted on the said approved land development
plan is issued.
E. Common open space area.
(1)
Common open space area shall be the greater of the following:
(a)
One acre of common open space area shall be provided for each
30,000 GSF of proposed building;
(b)
The total land mass comprised of the Floodplain Conservation
District and contiguous protected Steep Slope Conservation Overlay
District.
(2)
Common open space area shall generally conform to Montgomery
County Schuylkill River Trail East route and/or Limerick Township
Greenway and Trail Network Master Plan. For common open space areas
10 acres or more, the land development plan shall provide access to
a suitable location to install a trail head parking lot to accommodate
10 vehicles.
(3)
The record plan shall provide an irrevocable offer to dedicate
to the Township an easement over the common open space area for purposes
of establishing new park, pedestrian and/or bicycle routes to link
parks, open space, schools, residential areas and employment centers,
as well as to connect to regional transportation and recreational
trails.
F. The applicant shall demonstrate an adequate second means of ingress
and egress suitable for emergency access to the site from a collector
or arterial roadway.
G. Dimensional standards shall be in accordance with §
184-170, (Dimensional standards of the HI Heavy Industrial District), Class One category with the following exceptions:
(1)
Maximum building height shall be 60 feet.
(2)
Except for parking located adjacent to Main Street, the minimum
building setback and minimum parking and loading setback shall be
400 feet from existing residential uses. Parking located adjacent
to Main Street shall be a minimum of 30 feet from the legal right
of way of Main Street.
(a)
In the alternative, a setback of 200 feet from existing residential
uses shall be permitted provided the applicant demonstrates through
a sound study conducted by a professional acoustical expert that the
installation of one or more sound reducing materials or systems and
approved by the Township professional acoustical expert will effectively
reduce the sound generated by the portion of the development located
less than 400 feet from the adjacent residential area to a maximum
daytime (7:00 a.m. to 10:00 p.m. decibel level of 65 and a maximum
nighttime (10:00 p.m. to 7:00 a.m.) decibel level of 50. Such sound
study or studies shall be conducted using sound level meters described
in ANSI S1.4-1983. A preliminary sound study shall be conducted as
part of the conditional use process even though the nature of the
users of the buildings within 200 feet of the adjacent residential
uses may not be known at that time. The sound that will theoretically
be generated by the unknown user of the said building shall be estimated
by the applicant's professional acoustical expert using generally
accepted criteria. An interim sound study shall be conducted during
the building permit process based upon the proposed user or users
of the said building and the uses and equipment depicted on the building
plans. The noise reducing materials and/or systems recommended by
the interim sound study shall be incorporated into the construction
plans for the said building. If it is determined by sound study conducted
at least six months after the issuance of a certificate of occupancy
for the said building or buildings that there is a material, and continuous
violation of the daytime or nighttime sound limits, then owner or
occupant of the said building shall promptly remediate the violation.
H. Development standards shall be in accordance with §
184-171 (Development standards of the HI Heavy Industrial District).
I. The provisions and requirements of the Logistics Center/Warehouse
Conditional Use Overlay District shall be additional and supplemental
to the underlying HI Heavy Industrial Zoning District; where the Logistics
Center/Warehouse Conditional Use Overlay District provisions differ
from the HI Heavy Industrial Zoning District provisions, and if a
property or parcel(s) is proposed to be developed pursuant to the
Logistics Center/Warehouse Conditional Use Overlay District provisions,
the Logistics Center/Warehouse Conditional Use Overlay District provisions
and requirements shall control.