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Township of Cheltenham, PA
Montgomery County
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Table of Contents
Table of Contents
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A. 
In expansion of the declaration of legislative intent and the statement of community development objectives found in Article I of this chapter, the intent of this Mixed Use District is to:
(1) 
Provide for greater flexibility throughout the Township to provide office, research, and mixed use areas uses.
(2) 
Encourage a more creative, varied, efficient, attractive and commercially focused development pattern.
(3) 
Provide an effective means of responding to site conditions, including environmentally sensitive conditions and reuse of historic properties.
(4) 
Promote good design that encourages development that is consistent with the architectural and social character of surrounding areas.
(5) 
Promote a walkable community with pedestrian-oriented buildings and open space that connects to nearby destinations.
(6) 
Create and support lively, human-scaled activity areas and gathering places for the community by encouraging civic uses, plazas, and a mix of uses.
(7) 
Promote and provide for the adaptive reuse of buildings that are historic resources and of properties with significant character, uses and development.
(8) 
Preserve and promote the use of such historic resources and other land and buildings for cultural and artistic purposes.
(9) 
Encourage creative, adaptive reuse of historic estates in ways that promote community-benefitting services and innovative commercial vitality consistent with their historic significance and green space in the Township.
(10) 
Integrate new development and adaptive reuse into an existing community, and accomplish such goals by allowing a mix of compatible uses that provide for community-benefitting services as well as a variety of living opportunities.
A. 
Uses permitted by right. A building may be erected or used and a lot may be used or occupied by right for the following uses and no other:
(1) 
Use D-7: Hospital.
(2) 
Use F-3: Golf Course.
(3) 
Use G-4: Historic Estate, provided the lot does not have frontage on a principal arterial highway.
(4) 
For lots having frontage on Old York Road, any use permitted in Article XIV, MU2 Mixed Use Districts, is permitted, provided that the standards of the MU2 District are satisfied.
B. 
Class 1 uses permitted by special exception. A building may be erected or used and a lot may be used or occupied for the following uses, provided that they comply with the special exceptions standards of § 295-1502:
(1) 
Use B-4: Bed-and-Breakfast.
(2) 
Use B-12: Event Facility.
(3) 
Use B-15: Hotel/Inn. The following accessory uses to Use B-15 are permitted provided the accessory uses (in total) are equal to 15% or less of the total gross floor area:
(a) 
Use B-3: Bank or Financial Institution.
(b) 
Use B-12: Event Facility.
(c) 
Use B-20a: Personal Care Business-A.
(d) 
Use B-21: Professional Service Business.
(e) 
Use B-25: Restaurant.
(f) 
Use B-27: Retail Shop.
(g) 
Use B-35: Tavern/Bar.
(4) 
Use B-17: Mixed Use Building.
(5) 
Use B-18: Parking Structure, in accordance with § 295-2301G.
(6) 
Use B-25: Restaurant.
(7) 
Use B-34: Studio for Dance, Art, Music, Photography, Yoga, Martial Arts, or Similar Arts.
(8) 
Use C-13: Research Facility.
(9) 
Use C-20: Microbrewery/Microdistillery/Microwinery.
(10) 
Use D-3: Community Center.
(11) 
Use D-4: Adult/Child Day Care.
(12) 
Use D-8: Library or Museum.
(13) 
Use D-13: Art Gallery.
(14) 
Use E-1: Office Building.
(15) 
Use E-4: Office Campus.
(16) 
Use E-5: Professional Services.
(17) 
Use F-4: Movie Theater.
(18) 
Use F-8: Theater (Performing).
(19) 
Use F-2: Athletic/Health Club.
(20) 
Use F-6: Indoor Recreation.
(21) 
Use F-5: Outdoor Recreation.
(22) 
Use F-7: Public Grounds.
(23) 
Use F-9: Amphitheater.
(24) 
Use G-1: Multifamily Building/Unit.
(25) 
Use H-1. Conservation/Recreation Facility.
(26) 
The following accessory uses on the same lot which are with and customarily incidental to any of the above permitted uses and as provided for in Article IV herein:
(a) 
Use A-1: Residential Accessory Structure.
(b) 
Use A-2: Nonresidential Accessory Structure.
(c) 
Use A-5: Antenna Systems.
(d) 
Use A-6: Fences and Walls.
(e) 
Use A-8: Storage (Outdoor), but shall not be permitted as accessory to residential uses.
(f) 
Use A-9: Swimming Pool.
(g) 
Use A-10: Tennis/Sport Courts.
(h) 
Use A-13: No-Impact Home-Based Business.
(i) 
Use A-18: Accessory Roof-Mounted Solar System, provided they are not located on pre-1930 historic resources, as defined herein.
(j) 
Use A-19: Accessory Ground-Mounted Solar System, provided they are not located in any required viewsheds, as defined herein.
(k) 
Use B-19: Parking Lot.
(l) 
Use C-21: Microbrewery/Microdistillery/Microwinery.
(27) 
Prohibited uses. The following uses, as well as any use not specifically permitted, are specifically prohibited:
(a) 
Use A-12: Drive-Through Facility.
(b) 
Use A-17: Accessory Service Station.
(c) 
Use B-1: Automotive Sales.
(d) 
Use B-2: Automotive Service.
(e) 
Use B-30: Service Station.
C. 
Class 2 use permitted by special exception. The following uses are permitted on tracts 10 acres or greater, and having no less than 200 feet of frontage on a roadway classified as a major collector or higher, provided they comply with the special exception standards of § 295-1503:
(1) 
Mixed Use Development, in compliance with the standards herein and consisting of the following uses and no others:
(a) 
Office, entertainment, institutional and related uses, as listed below:
[1] 
Use B-3: Bank.
[2] 
Use B-4: Bed-and-Breakfast.
[3] 
Use B-12: Event Facility.
[4] 
Use B-15: Hotel/Inn. The following accessory uses to B-15 are permitted, provided the accessory uses (in total) are equal to 15% or less of the total gross floor area:
[a] 
Use B-3: Bank, or financial institution.
[b] 
Use B-12: Event Facility.
[c] 
Use B-20a: Personal Care Business-A.
[d] 
Use B-21: Professional Service Business.
[e] 
Use B-25: Restaurant.
[f] 
Use B-27: Retail Shop.
[g] 
Use B-35: Tavern/Bar.
[5] 
Use D-3: Community Center.
[6] 
Use D-4: Adult/Child Day Care.
[7] 
Use D-8: Library or Museum.
[8] 
Use D-13: Art Gallery.
[9] 
Use E-1: Office Building.
[10] 
Use E-5: Professional Services.
[11] 
Use F-4: Movie Theater.
[12] 
Use F-8: Theater (Performing).
(b) 
Retail, restaurant, and related uses, as listed below:
[1] 
Use B-9: Convenience Store.
[2] 
Use B-21: Professional Service Business.
[3] 
Use B-25: Restaurant.
[4] 
Use B-27: Retail Shop.
[5] 
Use B-28. Retail Store.
[6] 
Use B-34: Studio for Dance, Art, Music, Photography, Yoga, Martial Arts, or Similar Arts.
[7] 
Use C-21: Microbrewery/Microdistillery/Microwinery.
[8] 
Use F-2: Athletic/Health Club.
[9] 
Use F-6: Indoor Recreation.
(c) 
Use B-18: Parking Structure, in accordance with § 295-2301G.
(d) 
Use F-5: Outdoor Recreation.
(e) 
Use F-7: Public Grounds.
(f) 
Use G-1: Multifamily Building/Unit.
(g) 
Use G-7: Townhouse Dwelling Unit, Use G-8: Twin Houses, and/or Use G-9: Village Dwelling Unit, provided that:
[1] 
They are not located on a block that is primarily composed of existing or proposed retail and related uses, as listed in § 295-1501C(1)(b), on the first floor. As used in this subsection, a "block" shall consist of all the lots having frontage on a street, on both sides of that street, between consecutive cross streets or intersections.
[2] 
The townhouses, twins, and/or village dwelling units do not take access from a major collector or higher classification highway.
(h) 
Use H-1: Conservation/Recreation facility.
(i) 
The following accessory uses on the same lot which are with and customarily incidental to any of the above permitted uses and as provided for in Article IV herein:
[1] 
Use A-1: Residential Accessory Structure.
[2] 
Use A-2: Nonresidential Accessory Structure.
[3] 
Use A-5: Antenna Systems.
[4] 
Use A-6: Fences and Walls.
[5] 
Use A-9: Swimming Pool.
[6] 
Use A-10: Tennis/Sport Courts.
[7] 
Use A-13: No-Impact Home-Based Business.
[8] 
Use A-16: Fowl/Poultry.
[9] 
Use A-18: Accessory Roof-Mounted Solar System.
[10] 
Use A-19: Accessory Ground-Mounted Solar System.
[11] 
Use B-19: Parking Lot.
[12] 
Use C-21: Microbrewery/Microdistillery/Microwinery.
(j) 
Prohibited uses. The following uses, as well as any use not specifically permitted, are prohibited:
[1] 
Use A-8: Outdoor Storage.
[2] 
Use A-12: Drive-Through Facility.
[3] 
Use A-17: Accessory Service Station.
[4] 
Use B-1: Automotive Sales.
[5] 
Use B-2: Automotive Service.
[6] 
Use B-30: Service Station.
A. 
Criteria for special exception approval. In addition to those criteria for special exception approval in § 295-2804, an applicant shall specifically comply with the standards of § 295-1501A, § 295-1502 and, if applicable, § 295-1504, to receive special exception approval for a development in this district. This shall not be construed as an exemption from meeting all other applicable requirements of this chapter. Should there be any conflict between the requirements of § 295-1502 and the Subdivision and Land Development Ordinance,[1] then the requirements of § 295-1502 shall apply.
[1]
Editor's Note: See Ch. 260, Subdivision and Land Development.
B. 
Plan submission. All zoning permit and development applications for Class 1 developments in this district shall be submitted, reviewed and approved in the following manner:
(1) 
Ownership. The tract of land to be developed shall be held by one owner or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract will be developed under single direction and completely in accordance with the approved plan. An agreement shall be executed among the owners of the all the subject tracts, to the satisfaction of the Township Solicitor, to this effect.
(2) 
Review by other bodies. Before seeking special exception approval before the Zoning Hearing Board, an applicant shall seek comment and a recommendation on the application from both the Township Planning Commission and the Building and Zoning Committee of the Board of Commissioners.
(3) 
Site master plan. All properties proposed for development shall be developed in accordance with a master plan that has been approved by the Zoning Hearing Board, which shall demonstrate an application's compliance with § 295-1502A above, that meets the following requirements:
(a) 
Master plans shall be prepared when any property, existing at the time of adoption of this chapter, is initially proposed for subdivision or land development. Subdivided properties that are intended to be developed at a later date shall be subject to this initial master plan.
(b) 
Master plans shall comply with the tentative sketch plan requirements of the Cheltenham Subdivision and Land Development Ordinance.[2]
[2]
Editor's Note: See Ch. 260, Subdivision and Land Development.
(c) 
In addition to Subsection B(3)(b) above, master plans shall show all of the following:
[1] 
Proposed buildings.
[2] 
Proposed uses.
[3] 
Lots.
[4] 
Streets and traffic circulation.
[5] 
Open space.
[6] 
Landscaping.
[7] 
Environmental features, which shall include existing one-hundred-year and five-hundred-year floodplains, required riparian buffers, existing steep slope areas, existing potential wetlands, and rock outcroppings.
[8] 
Parking.
[9] 
A conceptual or narrative plan for stormwater management for the entire tract.
(d) 
Architectural drawings required. applicants submitting preliminary and final plans shall also submit architectural drawings, such as elevations, perspective drawings, axonometrics, and cross sections that demonstrate compliance with the standards in the MU3 District.
(e) 
Final plans conforming to master plan. Final plans and building permits approved for development by the Township, as well as all work performed pursuant to such plans, shall substantially conform to the master plan as presented to the Township. The applicant shall define and demonstrate the differences between the master plan and any proposed final plan.
(f) 
Subsequent uses and development conforming to master plan. Master plans shall be amended and submitted to the Township when any subsequent building permit, zoning permit, subdivision or land development application is proposed that does not substantially conform to the previously approved master plan according to the determination of the Zoning Officer, and a new special exception is needed. If a subsequent proposed building permit, zoning permit, subdivision or land development application is in substantial conformity with the previously submitted master plan, the previous master plan may be resubmitted, and no further special exception is needed. For the purpose of this section, "substantial conformity" shall mean that conformity which leaves a reasonable margin for adjustment to final engineering data but conforms with the general nature of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant. Seeking a new special exception to amend the master plan shall follow the same procedure as outlined in § 295-1502B(2) above.
C. 
Dimensional and development standards. The following dimensional and development standards shall apply:
Class 1
Minimum lot area
7 acres or greater
Minimum lot width
None
Maximum building coverage
10%
Maximum impervious coverage
30%
Minimum green area
70%
Minimum building setback from existing streets
80 feet
Minimum parking setback
10 feet
Maximum building height
36 feet located within 100 feet of existing streets; 48 feet located beyond 100 feet from existing streets
Maximum residential density
2 du/gross acre
(1) 
Minimum lot area. The minimum lot area of Class 1 Developments shall be seven acres. Any lot under single and separate ownership below the minimum lot size at the time of adoption of this chapter may be developed, provided that such development conforms to all other provisions of this article. If two or more contiguous lots are in common ownership, and at least one lot is individually below the minimum lot size at the time of adoption of this chapter, then the lands of the contiguous lots involved shall be considered to be a single parcel for the purpose of this chapter, and no portion of said parcel shall be developed which does not comply with the dimensional requirements of this chapter.
(2) 
Design standards. In order to promote attractive buildings with design that integrates into surrounding neighborhoods, the following design standards shall apply:
(a) 
Design features for large buildings. Facades of 100 feet or more which face public streets or parking shall use at least three of the following design features to break up the facade, add visual interest, and prevent a "big-box" look. Those facades facing public streets or parking shall include at least one type of design feature listed below for each 50 feet of frontage facing a public street or public parking:
[1] 
Use of multiple building materials.
[2] 
Awnings.
[3] 
Porches.
[4] 
Canopies.
[5] 
Towers.
[6] 
Balconies.
[7] 
Bays.
[8] 
Gables.
[9] 
Planted trellises.
[10] 
Use of masonry (brick, stone or similar).
[11] 
Belt courses of a different texture or color (horizontal band, often of brick/stone).
[12] 
Projecting cornice/eaves (roof overhang).
[13] 
Projecting metal canopy.
[14] 
Band of decorative tile.
[15] 
Horizontal offset of at least three feet.
[16] 
Window sills and lintels.
[17] 
Shrubbery flanking front door.
(b) 
Roofs.
[1] 
Rooftop HVAC or other rooftop utilities shall be screened by the roofline, parapet, or other architectural features.
[2] 
Roofs are required to be either: (a) pitched on at least 80% of their surface with a pitch of six vertical to 12 horizontal, (b) have a parapet for its entire length, or (c) have a change in roofline of at least two vertical feet at least once every 50 horizontal feet. If the building is at least two stories tall, it shall satisfy (a), (b), or (c) above or may have a projecting cornice. All roofs shall comply with the standards above for facades visible from public rights-of-way.
(c) 
Blank walls. In the interest of discouraging "blank walls" and promoting public safety, windows shall be located on each story of each wall facing a public way (street, sidewalk, trail, or parking area). For each wall facing a public street, minimum glazing area shall be at least 10%.
(d) 
Facades. Building facades shall not be longer than 160 feet without a minimum five-foot deep building offset. No building shall be longer than 320 feet in length, regardless of the number of building offsets.
(3) 
Pedestrian design standards. In order to provide safe pedestrian connectivity within the development and access to exterior destinations, pedestrian facilities shall comply with the following standards:
(a) 
Sidewalks are required to connect the road frontage sidewalks to all front building entrances, parking areas, central open space, and any other destination that generates pedestrian traffic.
(b) 
A system of paved trails proposed as part of the open space requirements may be provided as a substitute to a sidewalk network at the discretion of the Zoning Hearing Board during the special exception process.
(4) 
Common area. In order to provide gathering places and open-space amenities for employees and visitors, all office campuses and any development greater than 50,000 square feet shall provide a common area according to the following standards:
(a) 
The common area may be a courtyard or plaza located outdoors of the principal building visible from entrance driveways and parking lots.
(b) 
The common area shall have walkways, seating, and landscaping.
(c) 
The total amount of common space area provided shall not be less than 3% of the gross floor area of the principal building(s) it serves, and may or shall be divided into two separate locations when permitted or required by the Zoning Hearing Board.
(d) 
A minimum of 200 square feet of outdoor common area shall be provided for employees and visitors for each building.
(e) 
Stormwater management features, such as vegetated basins, ponds, and vegetated swales may be included as part of the landscaping in the common area.
(5) 
Trash enclosures, outdoor storage areas, and loading areas shall be located to the side or rear of buildings, and shall be screened from parking and streets.
(6) 
Off-street parking, dumpster enclosures, and loading space shall be located immediately contiguous to the building served (although sidewalks and landscaped areas may be constructed between the parking and the building).
(7) 
Historic preservation standards. The following historic preservation standards shall apply:
(a) 
Deed restriction. All of the lot(s) under common ownership which contain historic resources shall be subjected to a deed restriction at the time of recording of the land development plan for development of the lot according to this article, with terms written to the satisfaction of the Township Solicitor, recorded against the lot(s) stating that:
[1] 
The entire pre-1930 exterior of the building (including the front, sides, rear, and height of the building) and rooflines of the historic resource(s) shall be preserved in perpetuity and maintained up to the standards of the Township Code; and
[2] 
Any change in the exterior of the building which is inconsistent with the historical character of such exterior is prohibited, except as otherwise provided in this article.
(b) 
Preservation of an historic resource within the meaning of this article shall be deemed to have occurred even if any of the following circumstances exist or are proposed:
[1] 
Any portion of the historic resource is, or is proposed to be, demolished which was added after 1930;
[2] 
In order to allow for building additions and adaptation to modern uses and needs no more than two facades that are most architecturally significant and prominently visible from a public street, and including the same facade from which the public view is to be protected pursuant to Subsection C(16) below, shall retain their/its historical architectural appearance; or
[3] 
Additions or alterations may be made even to protected facades in order to accommodate modern uses and the needs of owners and guests such as, but not limited to, doors and awnings, lights and signs (the latter two subject to all lighting and sign requirements of the Zoning Ordinance and the Subdivision and Land Development Ordinance[3]) so long as such addition or alterations are historically relevant and impact the historic features as minimally as reasonably feasible.
[3]
Editor's Note: See Ch. 260, Subdivision and Land Development.
(c) 
The following shall be allowed in connection with preservation of historic resources, provided all reasonably practicable efforts to preserve the historic character and details of the exterior of those subject buildings:
[1] 
The applicant may make alterations to the historic resource required by the Americans With Disabilities Act, the Pennsylvania Fire and Panic Act,[4] the Township Fire Code and all other required fire and public safety codes, statutes, ordinances and regulations;
[4]
Editor's Note: See 35 P.S. § 1221 et seq.
[2] 
The applicant may modernize HVAC, plumbing, electrical and mechanical equipment as well as all interior alterations reasonably necessary to accomplish same.
(d) 
The applicant shall include in the master plan and application architectural drawings and depictions of both the existing and the subsequent/proposed historic character, as well as details of the exterior and interiors of the buildings which are historic resources which show the impact of proposed improvements.
(e) 
Conformance to the Secretary of the Interior's Standards for Treatment of Historic Properties is highly encouraged.
(8) 
Maximum building coverage. Building coverage shall not exceed 10% of the total lot area.
(9) 
Maximum impervious coverage. Impervious coverage shall not exceed 30% of the total lot area.
(10) 
Maximum residential density. The maximum residential density of any development shall not exceed two dwelling units per gross acre.
(11) 
Minimum setback from streets and property lines. All buildings shall be required to maintain a setback distance of 80 feet from the ultimate right-of-way line of any public street and from the boundary of an adjoining lot.
(12) 
Minimum green area. A green area, perpetually landscaped and maintained, shall be required. This area shall be not less than 70% of the lot area and shall include a landscaped buffer strip at least 10 feet wide abutting the entire perimeter of the lot, excluding driveways for ingress. The green area may be calculated based on the area of contiguous lots under common ownership within the MU3 District, or a common development plan under common ownership within the MU3 District at the time of application under the subdivision and land development process, excluding areas and lots separated by a public street. The landscaped buffer requirement in perimeter locations may be deemed to be satisfied by existing conditions where the distance between a proposed building and the applicable perimeter is more than 150 linear feet or if the purpose of a buffer is effectively accomplished by existing trees or other existing landscaping. The area shall remain green and landscaped in perpetuity and the owner shall enter into such covenants, deed restrictions, maintenance obligations, and/or other written obligations to the approval of the Township Solicitor.
(13) 
Maximum building height. A building located within 100 feet of any street line shall not exceed the lesser of three stories or 36 feet in height and a building located more than 100 feet from any street line shall not exceed the lesser of four stories or 48 feet in height; except that portions of additions to buildings that are an historic resource having an aggregate building footprint up to 150% of the building footprint of the historic resource (at the date of establishment of this district, including any portion of the building constructed after the year 1930) to which the addition is attached may exceed the height and story restrictions of this section and may extend up to the same building height as the historic resource, though no more than two additions of such building height shall be permitted on each historic resource, and in no event shall any portion of such addition be within 80 feet of any public right-of-way.
(14) 
Minimum setback between any portions of separate buildings not sharing a party wall. Portions of buildings up to 48 feet in height shall be set back no less than 20 feet from each other.
(15) 
Parking standards. In addition to those requirements of Article XXIII, the following additional parking standards shall also apply; if any of these requirements and the requirements of Article XXIII conflict, the more restrictive shall apply:
(a) 
Parking structures with parking spaces above the ground level are permitted, provided that:
[1] 
All exterior structure walls are at least 150 feet from all public streets; and
[2] 
All exterior facades not shielded from view by other buildings are designed and constructed to appear generally consistent with the character and aesthetics of the historic resources.
(b) 
No parking on perimeter streets surrounding the tract shall count toward the required parking.
(16) 
Viewsheds. No buildings or additions to buildings shall be erected, nor any new landscaping be installed, such that the view from a public street to the primary facade of an historic resource is materially impaired; provided that if that primary facade can be viewed directly from more than one street or if there is more than one facade that is primary, then this restriction shall apply only to the view from one street to one facade which is determined by the Director of Planning and Zoning to be the primary facade.
(17) 
Traffic impact study. A traffic impact study shall be required for any hotel, event facility, mixed use building, office building, or conversion of an historic resource for any use permitted herein, in order to determine the impact of the proposed use and offer solutions to mitigate the potential negative impacts, if any, of the proposed use or uses. The traffic impact study shall be prepared by a qualified traffic engineer who possesses the credentials outlined for a Municipal Traffic Engineer as defined in Pennsylvania Code Chapter 612, as amended from time to time, entitled "Municipal Traffic Engineering Certification."[5] The applicant shall pay all costs associated with preparation and submission of the study.
(a) 
The study shall demonstrate that the proposed use will not adversely affect the surrounding areas or traffic circulation generally in the Township; or else identify any traffic problems that might be caused or aggravated by the proposed use or uses and delineate solutions to those problems. Based upon the findings of the study the Zoning Hearing Board may require other improvements, which would alleviate hazardous or congested situations directly attributable to the proposed development.
(b) 
The traffic impact study shall include an analysis of all significant intersections within the study area extending to a minimum of one-half mile from the boundary on all roads which the traffic generated by the proposed development would be reasonably expected to utilize. Intersections greater than one-half mile away shall also be studied if deemed necessary by the Township Engineer. The traffic study shall also include an analysis of existing and proposed sidewalks and pedestrian trails.
[5]
Editor's Note: See now 67 Pa. Code Chapter 205.
A. 
Criteria for special exception approval. In addition to those criteria for special exception approval in § 295-2804, an applicant shall specifically comply with the standards of § 295-1501B, § 295-1503 and, if applicable, § 295-1504, to receive special exception approval for a development in this district. This shall not be construed as an exemption from meeting all other applicable requirements of this chapter. Should there be any conflict between the requirements of § 295-1503 and the Subdivision and Land Development Ordinance,[1] then the requirements of § 295-1503 shall apply.
[1]
Editor's Note: See Ch. 260, Subdivision and Land Development.
B. 
Plan submission standards. All zoning and development applications for Class 2 developments in this district shall be submitted, reviewed and approved in the following manner:
(1) 
Ownership. The tract of land to be developed shall be held by one owner or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract will be developed under single direction and completely in accordance with the approved plan. An agreement shall be executed among the owners of the all the subject tracts to the satisfaction of the Township Solicitor, to this effect.
(2) 
Review by other bodies. Before seeking special exception approval before the Zoning Hearing Board, an applicant shall seek comment and a recommendation on the application from both the Township Planning Commission and the Building and Zoning Committee of the Board of Commissioners.
(3) 
Site master plan. All properties proposed for development shall be developed in accordance with a master plan that has been approved by the Zoning Hearing Board, which shall demonstrate an application's compliance with § 295-1503A above, that meets the following requirements:
(a) 
Master plans shall be prepared when any property, existing at the time of adoption of this chapter, is initially proposed for subdivision or land development. Subdivided properties that are intended to be developed at a later date shall be subject to this initial master plan.
(b) 
Master plans shall comply with the tentative sketch plan requirements of the Cheltenham Subdivision and Land Development Ordinance.
(c) 
In addition to Subsection B(3)(b) above, master plans shall show all of the following:
[1] 
Proposed buildings.
[2] 
Land uses groups, demonstrating that the mix requirements of § 295-1503C(1) have been satisfied.
[3] 
Lots.
[4] 
Streets and traffic circulation.
[5] 
Open space.
[6] 
Landscaping.
[7] 
Environmental features, which shall include existing one-hundred-year and five-hundred-year floodplains, required riparian buffers, existing steep slope areas, existing potential wetlands, and rock outcroppings.
[8] 
Parking.
[9] 
A conceptual or narrative plan for stormwater management for the entire tract.
(d) 
Architectural drawings required. applicants submitting preliminary and final plans shall also submit architectural drawings, such as elevations, perspective drawings, axonometrics, and cross sections that demonstrate compliance with the standards in the MU3 District.
(e) 
Final plans conforming to master plan. Final plans and building permits approved for development by the Township shall substantially conform to the master plan as presented to the Township. The applicant shall define and demonstrate the differences between the master plan and any proposed final plan.
(f) 
Subsequent uses and development conforming to master plan. Master plans shall be amended and submitted to the Township when any subsequent building permit, zoning permit, subdivision or land development application is proposed that does not substantially conform to the previously approved master plan according to the determination of the Zoning Officer, and a new special exception is needed. All owners of land within the original master plan development area, whose property is affected by the revised master plan, shall approve the revisions to the master plan that affect their properties. If a subsequent proposed building permit, zoning permit, subdivision or land development application is in substantial conformity with the previously submitted master plan, the previous master plan may be resubmitted, and no further special exception is needed. For the purpose of this section, substantial conformity shall mean that conformity which leaves a reasonable margin for adjustment to final engineering data but conforms with the general nature of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant. For new or different uses proposed in subsequent zoning permit or development applications, "substantial conformity" shall mean that any proposed new or different use shall be confined to the areas on the master plan of the particular corresponding Land Use Group, as indicated in § 295-1503C(1). Seeking a new special exception to amend the master plan shall follow the same procedure as outlined in § 295-1502C(2) above.
C. 
General standards. The following general standards shall apply to all Class 2 developments in this district.
(1) 
Mix requirements. Developments shall comply with the following mix of uses requirements according to the building floor area percentages per use in the following table:
Minimum percent of building floor area
Land Use Group 1: Office, entertainment, institutional, and related uses as listed in § 295-1501C(1)(a)
5%
Land Use Group 2: Retail, restaurant, and related uses as listed in § 295-1501C(1)(b)
5%
Land Use Group 3: Residential, as listed in § 295-1501C(1)(f) and (g)
No minimum
Maximum percent of building floor area
Land Use Group 1: Office, entertainment, institutional, and related uses as listed in § 295-1501C(1)(a)
80%
Land Use Group 2: Retail, restaurant, and related uses as listed in § 295-1501C(1)(b)
60%
Land Use Group 3: Residential, as listed in § 295-1501C(1)(f) and (g)
35%
(2) 
Open space and plazas. Usable open space and plaza uses shall comprise at least 5% of the net tract area of all mixed use developments.
(3) 
Phasing. Development of property may be done in phases, provided the following requirements are met:
(a) 
Any proposed subdivision or land development of the property or portion of a property shall substantially conform with the master plan.
(b) 
No more than 25% of the gross floor area of the first phase shall consist of any residential-only development.
(4) 
Ownership and maintenance of common open space, plaza areas, and other facilities. Common open space, plaza areas, and other common facilities shall comply with the ownership and maintenance regulations in § 295-2605C and shall comply with the additional design standards in this article herein. The required usable open space and plaza areas shall be permanently deed restricted from future development.
(5) 
Parking. Off-street parking shall be provided in accordance with Article XXIII.
(6) 
Signs. Signs shall be provided in accordance with Article XXIV.
(7) 
Landscaping. Landscaping, street trees, streetscaping, and buffers shall be provided in accordance with the Subdivision and Land Development Ordinance,[2] as well as Subsection D(5) below.
[2]
Editor's Note: See Ch. 260, Subdivision and Land Development.
D. 
Dimensional standards. The following dimensional standards shall apply to all Class 2 developments in this district:
(1) 
Minimum gross tract area. The minimum gross tract area of Class 2 Developments shall be 10 acres, having no less than 200 feet of frontage on a roadway classified as a major collector or higher. Any tract under single and separate ownership below the minimum lot size at the time of adoption of this chapter may be developed, provided that such development conforms to all other provisions of this article. If two or more contiguous lots are in common ownership, and at least one lot is individually below the minimum lot size at the time of adoption of this chapter, then the lands of the contiguous lots involved shall be considered to be a single parcel for the purpose of this chapter, and no portion of said parcel shall be developed which does not comply with the dimensional requirements of this chapter.
(2) 
Minimum building setback from curblines:
(a) 
When no plaza is between the building and the street:
[1] 
Minimum building setback from street curblines, portions of buildings up to 45 feet in height, provided buildings are not located within the street legal right-of-way line:
[a] 
Principal and minor arterial highways: 20 feet.
[b] 
All other streets: 12 feet.
[2] 
Minimum building setback from street curblines, any portions of buildings from 45 feet to 60 feet in height: 25 feet.
[3] 
Minimum building setback from street curblines, when nonresidential uses are proposed directly across an existing street from existing residential zones:
[a] 
Principal and minor arterial highways: 20 feet.
[b] 
All other existing streets: 30 feet, with deciduous street trees to be planted (one tree for each 30 feet of linear street frontage, with each tree no greater than 30 feet apart).
[4] 
Maximum building setback from street curblines for 60% or more of the front facade of the ground floor level of buildings (these standards do not apply to parking structures):
[a] 
Principal and minor arterial highways: 35 feet.
[b] 
All other streets: 25 feet.
(b) 
Where a plaza is between the building and the street, the minimum and maximum building setback from street curblines shall be the depth of the plaza.
(3) 
Minimum building setback from property lines not abutting streets:
(a) 
Portions of buildings up to 45 feet in height: 10 feet, except when abutting residential properties not part of the mixed use development, where it shall be set back 40 feet.
(b) 
Portions of buildings from 45 to 60 feet in height: 20 feet, except when abutting residential properties not part of the mixed use development, where it shall be set back 60 feet.
(4) 
Minimum setback between any portions of separate buildings not sharing a party wall:
(a) 
Portions of buildings up to 45 feet in height: 20 feet.
(b) 
Portions of buildings from 45 to 60 feet in height: 40 feet.
(5) 
Minimum landscaped buffer to residential districts. For proposed nonresidential and multifamily uses, there shall be maintained a buffer area, except where a public street right-of-way in existence at the time of the adoption of this chapter intervenes, the depth of which shall be at least 50 feet measured from the district boundary line on a MU3 District Master Plan area of not more than 5,000 square feet. For each additional 1,000 square feet of MU3 District Master Plan area, there shall be an additional foot of depth of buffer area up to 15,000 square feet; thereafter, for each additional 1,000 square feet of lot area, there shall be 1/2 foot of depth of buffer area required. No landscaped buffer, regardless of the calculation using the above standards, shall be required to be in excess of 100 feet in depth. Buffers adjacent to a residential use shall be continuously screened by a combination of a six-foot high solid wall/fence and screen plantings. Use of native species is encouraged; invasive species identified by the Township shall be prohibited. Screen plantings shall include a mix of evergreen and deciduous trees and shrubs, and may include noninvasive vines, ornamental plantings, and grasses. No parking, impervious surfaces, dumpster or trash storage, loading and service areas or lighting shall be permitted in the buffer area.
(6) 
Minimum parking setback. Parking areas shall be located to the rear or side of all principal buildings, except in the case of Class 2 developments abutting existing principal or minor arterials highways, which are permitted up to two rows of parking between principal buildings and such existing arterial highways. In all cases, parking areas shall be set back a minimum of 50 feet from street ultimate right-of-way lines and property lines, except when abutting residential properties not part of the mixed use development, where the setback shall be 100 feet.
(7) 
Maximum building height. No building shall exceed 45 feet or three stories, whichever is less. Building height may be increased to a maximum of 60 feet or four stories, whichever is less, when the building is completely located within a one-thousand-foot radius of a regional rail station.
(8) 
Maximum impervious coverage. Not more than 70% of the total lot area shall be impervious surfaces, except as permitted herein.
(9) 
Minimum green area. Not less than 30% of the total lot area shall be grass or landscaped, except as permitted herein.
(10) 
Floor area ratio.
(a) 
Maximum floor area ratio (FAR) with no bonus: 0.35.
(b) 
Maximum floor area ratio with bonuses, as described in § 295-1504: 0.85.
E. 
Development standards. The following development standards shall apply to all Class 2 developments in this district:
(1) 
Location of certain uses. The following uses, including all uses accessory thereto, including, but not limited to, dumpsters or trash storage, service or loading areas, shall not be located within 150 feet of a residential zone, except where an existing street right-of-way intervenes:
(a) 
Use B-9: Convenience Store.
(b) 
Use B-12: Event Facility.
(c) 
Use B-15: Hotel.
(d) 
Use B-18: Parking Structure.
(e) 
Use B-28. Retail Store.
(f) 
Use C-20: Microbrewery/Microdistillery/Microwinery.
(g) 
Use F-4: Movie Theater.
(2) 
General layout and street pattern. The following general layout and street pattern requirements shall be shown on the master plan:
(a) 
Various land uses shall be laid out and spaced to make walking from one land use to any other land uses as easy as possible.
(b) 
Retail uses shall be located as physically close to as many of the following on- and off-site features as possible: existing retail areas, transit stops, existing collector or higher classification streets, and proposed plaza areas.
(c) 
Single-use residential buildings, when proposed, shall be located and designed to provide a transition between abutting off-site residential zoning districts, when they exist, and the nonresidential uses in the MU3 District.
(d) 
Street layout. Mixed use developments shall be laid out with streets, in accordance with the following standards:
[1] 
Streets shall be laid out to create blocks, and blocks shall not exceed 800 feet in length before being interrupted by a street intersection, unless the reuse of existing buildings longer than 800 feet or the presence of unique barriers, such as a creek or a grade-separated highway, preclude the creation of a street intersection. In such cases, blocks shall be as small as feasible. Alley and driveway intersections shall not be used to comply with the block length requirement. No new streets or driveways shall be proposed or constructed within 100 feet of residential properties existing at the time of adoption of this chapter, except where an existing street right-of-way already intervenes.
[2] 
All proposed buildings, except parking structures, shall be located within a certain distance of a street, as shown in § 295-1503D(2), Minimum building setback from curblines. Buildings do not have to comply with these standards from alleys or driveways.
[3] 
Streets shall be interconnected with each other and with streets on abutting properties in a grid or modified grid pattern.
[4] 
Streets shall be extended to abutting properties in logical locations, as determined by the Zoning Hearing Board with input from the Township Planning Commission and the Building and Zoning Committee of the Board of Commissioners in their respective reviews. When warranted by unique circumstances, the Zoning Hearing Board may allow driveways to be used instead of streets for these connections, provided access for the driveway is guaranteed to the abutting property.
[5] 
New streets within a mixed use development shall have a street connectivity index of 1.40 or more. The street connectivity index shall be computed by dividing the number of new street links (defined as street segments between intersections and/or cul-de-sac heads) by the number of new street intersections/permanent cul-de-sac heads.
(e) 
At least every 500 linear feet, blocks shall include public pedestrian connections through the block between generally parallel streets, unless the reuse of existing buildings longer than 500 feet or the presence of unique barriers, such as a creek or grade-separated highway, preclude the creation of a pedestrian connection.
(f) 
Developments shall be designed to support existing and future public transportation service through the provision of transit shelters, public transportation pickup areas, roads and driveways designed to handle the weight and length of a forty-foot bus, and other similar features. The prospect for future public transportation service shall be projected by the Montgomery County or Cheltenham Township Comprehensive Plans, as amended.
(g) 
On tracts next to passenger rail stations and/or on tracts of 20 acres or more, the layout of uses and buildings shall be designed to encourage pedestrian access to the existing passenger rail service or to future public transportation service.
(3) 
Building design standards.
(a) 
Building orientation and entrances.
[1] 
Front facades of buildings shall be oriented towards existing and proposed streets, with an everyday entrance in the front facade. Buildings with multiple front facades shall have entrances in each front facade, corner entrances, or, if permitted by the Zoning Hearing Board with input from the Township Planning Commission and the Building and Zoning Committee of the Board of Commissioners in their respective reviews, entrances in only some of the front facades.
[2] 
All primary building entrances shall be accentuated. Permitted entrance accents may include: recessed, protruding, canopy, portico, or overhang.
[3] 
Loading doors, service doors, and loading docks shall not be located in any facade facing a street or any portion of a facade within 35 feet of a street.
(b) 
Walls and windows.
[1] 
Blank walls shall not be permitted along any exterior wall facing a street or passenger train station. A minimum of 35% of the square footage of ground floor facades shall contain clear window area.
[2] 
Ground floor facades of retail, restaurant, and related uses facing a street or passenger train station shall comprise a minimum of 50% clear window area, with windows providing views of display areas or the inside of the building. These ground floor windows shall begin no higher than 24 inches above the bottom of the first finished floor and shall end above 86 inches above ground level.
[3] 
Smoked, reflective, or black glass in windows is prohibited.
[4] 
Walls or portions of walls where windows are not provided shall have architectural treatments designed to break up the bulk of the wall, including at least four of the following treatments: masonry but not flat concrete block; concrete or masonry plinth at the base of the wall; belt courses of a different texture or color; projecting cornice; projecting metal canopy; decorative tile work; trellis containing planting; medallions; opaque or translucent glass; artwork; vertical/horizontal articulation; lighting fixtures; or a similar architectural element not listed above, as approved by the Zoning Hearing Board.
[5] 
Rear and side facades shall have colors and materials that are similar to the front facade and shall blend with structures within the development. Any development with more than one building on the site shall have a common and coherent architectural theme throughout the development.
(c) 
Roofs.
[1] 
Building ridgelines or roof planes facing a street, parking area, or walking area shall be interrupted at least once every 100 feet by the inclusion of at least two of the following: a gable, a dormer, a vertical change of five feet or more, a tower, a dome, a barrel vault, a projecting cornice, an articulated parapet of five feet or more, or the inclusion of a similar architectural feature.
[2] 
Buildings shall use parapets or mansard-type roof styles to conceal flat roofs, elevator and stair shafts, large vents, and rooftop equipment such as HVAC units along all roof edges.
(d) 
Building massing.
[1] 
Buildings shall be designed to achieve a fine-grained texture by dividing large facades into the appearance of several sections or smaller buildings to avoid the appearance of a large, monotonous building mass.
[2] 
Buildings shall have at least a three-foot break in depth in all front facades for every 100 feet of continuous facade. Such breaks may be supplied through the use of bay windows, porches, porticos, building extensions, building recesses, balconies, towers, and other architectural treatments.
[3] 
In addition to the required three-foot break, building facades of 200 feet or more facing a street, surface parking lot, or walking area shall include design elements that will break up the facade, such as awnings, porches, canopies, towers, balconies, bays, gables, changes in materials, changes in facade treatments, etc.
(4) 
Pedestrian design standards.
(a) 
Sidewalks, with a minimum unimpeded width of six feet, are required along all street frontages.
(b) 
Sidewalks are required to connect the street frontage to all front building entrances, parking areas, plazas, and any other destination that generates pedestrian traffic. Sidewalks shall connect to existing sidewalks on abutting tracts and other nearby pedestrian destination points and transit stops.
(5) 
Open space and plaza design standards.
(a) 
Required open space areas shall be designed as focal points within the development and shall make public access as easy and straightforward as possible. Public access shall be guaranteed to all required open space through a deed restriction or other means acceptable to the Zoning Hearing Board with input from the Township Planning Commission and the Building and Zoning Committee of the Board of Commissioners in their respective reviews.
(b) 
Plazas shall comply with the following requirements:
[1] 
Mixed use developments shall provide one square foot of plaza area for every 40 square feet of gross building floor area; however, mixed use developments with less than 50,000 square feet of gross floor area are not required to provide any plaza area. Because of limits on the maximum size of plazas, more than one plaza area may be required in larger developments.
[2] 
Individual plazas shall be no smaller than 1,250 square feet and no larger than 20,000 square feet.
[3] 
Plazas shall be surrounded on all sides by either streets or the front facades of buildings. Perpendicular or angled parking spaces shall not abut plazas. When streets abut a plaza, the opposite side of the street from the plaza shall have building front facades rather than parking lots or open space facing the plaza.
[4] 
At least 25%, but no more than 80%, of the plaza shall be landscaped with trees, shrubs, and mixed plantings with year-round interest.
[5] 
Plazas shall be centrally located within the mixed use development and easily and conveniently accessible from all residential and nonresidential buildings. Plazas shall be integral to the development and designed as a focal point for the mixed use development.
[6] 
The plaza shall not be used for parking, loading, or vehicular access, except emergency and maintenance vehicular access.
[7] 
Plazas shall include a defining central element, such as a large fountain, sculpture, gazebo, pond, or similar feature. They shall also be improved with a variety of other amenities, such as small fountains, public art, shade trees, trash containers, benches, decorative pedestrian lights, trellises, and/or other similar features. These improvements shall be provided in locations and amounts that are acceptable to the municipal governing body.
(6) 
Lighting standards.
(a) 
Adequate lighting for pedestrians and vehicles shall be provided in all areas open to the public.
(b) 
Lighting shall be fully shielded and emit no light above the horizontal plane. There shall be no sag or drop lenses, side light panels, uplight panels, etc. Fixtures shall employ warm-toned (3000K and lower) white light sources or may employ amber light sources or filtered LED light sources. Fixtures shall also be shielded to comply with the following requirements:
[1] 
No light shall shine directly from a light source onto the ground, into the windows, or onto improvements of an abutting property, although incidental light may be permitted to fall on abutting property. Such incidental lighting shall not exceed one-half an ISO footcandle at ground level on the abutting property.
[2] 
No light, except streetlights, shall shine directly onto public roads.
(c) 
Where the abutting property is residentially zoned and used, lighting shall comply with the following requirements:
[1] 
Light fixtures shall be directed towards the proposed development and away from the abutting property.
[2] 
The light source itself shall not be visible from the abutting residential property.
[3] 
Light fixtures shall be set back at least 20 feet from the property line.
[4] 
Light fixtures located within the building setback area that adjoins a residentially zoned and used property shall be no more than 10 feet in height.
(d) 
No parking lot lighting standard or building fixture designed to illuminate the ground shall exceed 18 feet in height from grade level, and no pedestrian lighting standard shall exceed 14 feet in height from grade level, except as otherwise provided for in this chapter.
(7) 
Refuse area design standards. The storage of refuse and recycling shall be provided inside the building(s) or within an outdoor area enclosed by either walls or opaque fencing at least six feet in height. Any refuse and recycling areas outside of the building shall be designed to be architecturally compatible with the building(s) and shall not be located in the front of the building.
(8) 
Screening design standards.
(a) 
All wall-mounted or ground-mounted mechanical, electrical, communication, and service equipment, including satellite dishes and vent pipes shall be screened from public view by parapets, walls, fences, landscaping, or other approved means.
(b) 
Service and loading areas shall be visually screened from streets and pedestrian ways and shall be located to the side or rear of buildings.
(9) 
Outdoor dining design standards.
(a) 
Outdoor dining areas shall not impede pedestrian traffic flow. A minimum pathway of at least five feet free of obstacles shall be maintained.
(b) 
Advertising or promotional features shall be limited to umbrellas, a menu board, and canopies.
(10) 
Traffic impact study. A traffic impact study shall be required for all proposed uses greater than 30,000 square feet in order to determine the impact of the proposed use and offer solutions to mitigate the potential negative impacts of the proposed use. In addition, the Zoning Hearing Board may require a traffic impact study for any proposed use it deems likely to generate significant traffic based upon the recommendation of the Township Engineer.
(a) 
The study shall demonstrate that the proposed use will not adversely affect the surrounding areas or traffic circulation generally in the Township; or else identify any traffic problems that might be caused or aggravated by the proposed use and delineate solutions to those problems. Based upon the findings of the study, the Zoning Hearing Board may require other improvements which would alleviate hazardous or congested situations directly attributable to the proposed development.
(b) 
The traffic impact study shall include an analysis of all significant intersections within a study area extending to a minimum of one-half mile from the boundary on all roads which the traffic generated by the proposed development would reasonably be expected to utilize. Intersections greater than one-half mile away shall also be studied if deemed necessary by the Township Engineer.
(c) 
The traffic impact study shall be prepared by a qualified traffic engineer who possesses the credentials outlined for a Municipal Traffic Engineer as defined in Pennsylvania Code Chapter 612, entitled "Municipal Traffic Engineering Certification."[3]
[3]
Editor's Note: See now 67 Pa. Code Chapter 205.
A. 
The following bonuses shall be available to any development of Class 1 developments practicing sustainable development practices in compliance with § 295-1504C, below:
(1) 
Maximum impervious area may be increased to 50% of the total lot area.
(2) 
Minimum green area may be reduced to 50% of the total lot area.
(3) 
Maximum building height may be increased to 60 feet.
B. 
The following bonuses shall be available to any development of Class 2 Mixed Use Development practicing sustainable development practices in compliance with § 295-1504C, below:
(1) 
A FAR bonus of 0.5.
C. 
In order to qualify for the development bonus, the applicant shall include in its plan at least three of the following sustainable development options, at least one of which shall be from Category A and at least one of which shall be from Category B below.
(1) 
Category A:
(a) 
Site-wide integrated stormwater management facilities that utilize rainwater harvesting for irrigation and vegetated swales and basins to improve water quality.
(b) 
Vegetated green rooftops on no less than 75% of all roof areas.
(c) 
Minimize the disturbance of existing contiguous woodlands on the site. The area of existing contiguous woodlands shall be no less than four contiguous acres. To qualify for this option, disturbance to existing woodlands shall be no greater than 5%, and woodlands to be disturbed or removed shall be replanted contiguous with the remainder of the woodland area, and illustrated on the master plan. Woodland area proposed to satisfy this option shall have continuously existed with trees for no less than 10 years at the time of application for development under this chapter, and shall consist of no less than two contiguous acres of woodlands. Such land may be composed of lot area restricted from development by the Floodplain Conservation Overlay District, Riparian Corridor Conservation Overlay District, and Steep Slope Conservation Overlay District. If the site contains less than four existing acres of contiguous woodlands as defined herein, this sustainable development option cannot be used to qualify for bonuses.
(2) 
Category B:
(a) 
Reduce heat island effect for at least 50% of all nonroof site paving (including roads, sidewalk, courtyards, parking lots, structures, and driveways) by using shade trees, planters, vegetated shading structures, shading structures covered by energy generation systems, open-grid pavement systems (which are 50% unbound or more), paving materials with a solar reflectance (SR) value of 0.33 or above, or any combination thereof.
(b) 
On-site renewable energy production, composed of solar, wind, biomass, or combination thereof, with production capacity of at least 20% of the development's annual electrical energy costs.
(c) 
Dedication of habitat or conservation land for threatened or endangered wildlife and ecological communities, as identified and controlled by the United States Endangered Species Act, the Pennsylvania Game Commission or other relevant governmental agency. Such land may be composed of lot area restricted from development by the Floodplain Conservation Overlay District, Riparian Corridor Conservation Overlay District, and Steep Slope Conservation Overlay District. Land to be included for dedication shall be protected in perpetuity by conservation easement or a deed restriction in compliance with § 295-2605, Open space standards. If the site contains no threatened or endangered wildlife or ecological communities, this sustainable development option cannot be used to qualify for bonuses.
D. 
A development agreement between the Township and the applicant, drafted to the satisfaction of the Township Solicitor, shall be executed concurrent with land development approval, stipulating the terms under which bonuses for sustainable development available under § 295-1504A and B are to be implemented, including, at a minimum: (1) which sustainable development options the applicant agrees to construct, as well as (2) substitutions from the corresponding list in § 295-1504C permitted (if any) should the sustainable development options originally agreed to by the applicant not be constructed. Redress for violation of the development agreement or failure to build the sustainable development options as represented shall be undertaken in accordance with the Pennsylvania Municipalities Planning Code[1] or other statute or law, as applicable.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.