(1) For example, the allowed uses and dimensional and coverage requirements in the underlying zoning district shall remain in effect, except where this Section includes a differing standard regarding the same matter, such as where it is stated in this Section that a use is prohibited or permitted by right within a major mixed use development. The existing parking, signs, environmental protection, slope, floodplain, supplementary regulations, administrative, definitions and all other provisions of this Chapter shall remain in full effect, except where this Section includes a differing standard regarding the same matter.

B. Tract Requirements. The major mixed use development option provisions shall only be able to be used on a tract of land that meets all of the following conditions: (a) the tract includes a minimum total of 25 acres of contiguous land within the ED Economic Development District, and (b) the tract is adjacent to one or more State roads. A “tract” shall mean one or more adjacent lots that are under common control at the time of approval of the first land development plan for the property. Various parcels may be in separate legal ownership for the purposes of financing, and lots may subsequently be subdivided and sold consistent with Township ordinances. If any lot is subdivided from the major mixed use development, it shall continue to be bound by the major mixed use development regulations, unless specifically approved otherwise by the Board of Supervisors. Such specific approval by the Supervisors shall only occur after a written application is submitted in accordance with Township ordinances in effect at that time. If any lot is subdivided from the major mixed use development, it shall still be considered to be part of the same major mixed use development and shall not be considered to be a separate major mixed use development. Reasonable conditions may be placed by the Board of Supervisors on a subdivision or land development plan approval to ensure compliance with these major mixed use development requirements over time.
 

(1) If land is proposed to be subdivided, the final subdivision or land development plan shall clearly specify the landowner or entity that will be responsible to complete, own and maintain any required improvements over time.

(2) Land in common ownership that is separated by a public street, as defined in Chapter 22: Subdivision and Land Development of the Township’s Code of Ordinances (SALDO), shall be considered to be contiguous for the purposes of creating a “major mixed use development.”

C. 

(1) Within a major mixed use development, residential uses shall be allowed, but only on a tract of 50 or more acres, and where there is compliance with Subsection 1C(3) of this Section. Construction shall actively begin on a phase of at least 10 acres of commercial development before final subdivision or land development plans shall be approved by the Township for any phase including residential development.

(2) There is no minimum acreage for a mixed-use building or the incentivized development option.

D. Additional Submittal Required. Before any land development is approved or a zoning permit is issued (whichever occurs first) that utilizes this major mixed use development option, the applicant shall submit a feasibility and compatibility plan. This plan shall show contours, steep slopes, 100-year floodplains, natural waterways, lakes, ponds, major internal roads, proposed points of external traffic access, tentative phasing, proposed land areas for various types of land uses, land areas proposed to be provided for recreation use by residents, perimeter buffers and perimeter setbacks. Such plan shall also include the same information listed in § 22-504: Information Recommended of Chapter 22: Subdivision and Land Development for a “sketch plan.”
 

(1) This feasibility and compatibility plan is intended to be reviewed by the Township Engineer, Planning Commission, and the Board of Supervisors. Such plan shall not by itself provide any vested rights to a developer. Such plan should be submitted to the Township prior to the submittal of a land development plan. If substantial changes are proposed in a phase that differs from the previously reviewed feasibility and compatibility plan, then a revised feasibility and compatibility plan shall be submitted to the Township.

(2) The feasibility and compatibility plan shall show how each phase of the major mixed use development will be able to properly function if later phases of the development are not built or are delayed. This provision applies in addition to the phasing requirements under the SALDO.

(3) During this review, Township officials may make suggestions and recommendations regarding the feasibility and compatibility plan, but such comments shall not be binding upon the Township.

E. Connecting Road. Where a major mixed use development parcel is adjacent to two State roads, one new road that meets public street standards shall be required to be constructed as part of the major mixed use development to connect the two State roads.

F. Traffic Access from Existing Uses. A major mixed use development may be designed to provide rear or side vehicular access to an adjacent existing lot or use, provided there is mutual consent of the adjacent landowners. A major mixed use development may also be designed to provide a road connection that offers an alternative route for residents living along an adjacent street, provided there is consent of the Board of Supervisors for the connection at the time of subdivision and/or land development approval.

See § 27-305: Major Mixed Use Development Option. for complete, detailed information.