Article 17
Planned Development District (PD)

§14-1701 Purpose.

The regulations of the Planned Development District are designed to provide for a flexible development opportunity for a large tract of land located in the western portion of the Borough where public water and sewer service and access to major traffic routes are available. The types of land uses that could be located on this tract range from various densities of residential development to an office/industrial park, or combinations thereof. Design standards have been imposed to moderate any objectionable impacts associated with different land uses.

(Ord. 2008-1, 6/9/2008, §1700)

§14-1702 Permitted Uses.

1.    Planned residential developments, subject to the conditions listed in §14-1703 of this Article.

2.    Planned business developments, subject to the conditions listed in §14-1703 of this Article.

(Ord. 2008-1, 6/9/2008, §1701)

§14-1703 Planned Development Guidelines.

1.    Applicability.

A.    The provisions of this Section are a furtherance of the land use and development controls of land in the Borough. It is the intent of this Section to utilize the planned residential development (PRD) provisions of the Pennsylvania MPC to address the unique planning and development issues of large tracts of land for both residential and other uses within Cornwall Borough.

B.    This Section shall not affect any of the provisions of this Chapter as they apply to the Borough as a whole. After a development plan is duly filed, approved, and recorded under the provisions of this Section, the land area included in the development plan shall be governed entirely by the provisions of this Section excepting those ordinances, in whole or in part which are incorporated herein.

C.    Planned development (PD) includes (1) planned business development (PBD) and (2) planned residential development (PRD).

2.    Basis for Consideration. Approval of a planned development by the Cornwall Borough Council shall not be construed under the provisions of this Chapter to mean that the developer of a planned development can by right merely meet the standards set herein. These standards and requirements are minimums only and may be modified, or more stringent standards may be applied by the Borough Council to protect the health, safety, and welfare of the citizens of the Borough. Applicants under this Chapter are encouraged to propose innovative and flexible development plans that contribute to the quality of life in the community through a variety of well-planned land uses and amenities.

3.    Jurisdiction of Cornwall Borough Council.

A.    The administration of the procedures concerning the application for and approval of the PD tentative plan and final plan shall be vested solely in the Cornwall Borough Council.

B.    Plans for such developments shall also be referred to the Cornwall Borough Planning and Zoning Commission and Lebanon County Planning Department for review and comment as prescribed by the MPC. The Borough Council may also request and consider the comments of other public agencies providing services related to the health, safety and welfare of the present or future residents of the Borough.

4.    Planned Development Approval Procedure. The following procedural steps outline the process for approval of a PD application. Requirements for the content of the application documents are described in subsequent sections of this Part.

A.    Sketch Plan Procedure.

(1)    The landowner is encouraged to submit a sketch plan to the Borough Planning and Zoning Commission for preliminary discussion of intent.

(2)    The Borough Planning and Zoning Commission shall review the sketch plan in conference with the landowner and, by mutual agreement, determine a sketch plan that conforms to the intent of this Part.

(3)    The submission of a sketch plan shall not be deemed the beginning of the time period for review as prescribed by law, and the review of the sketch plan by the Borough Planning and Zoning Commission shall not bind the Borough to approve or accept any aspect of the complete application for tentative or final approval when and if submitted.

B.    Application Procedure for Tentative Approval.

(1)    Ten complete copies of an application for tentative approval for a planned development shall be submitted by the landowner to the Borough. The landowner shall also submit a filing fee to the Borough in an amount specified on the fee schedule of the Borough. No plan shall be considered as properly filed until such time as the filing fee is submitted to the Borough.

(2)    The complete application for tentative approval shall consist of the following:

(a)    Application form.

(b)    Site plans, architectural renderings, site data.

(c)    Draft of covenants, easement agreements, conditions, and restrictions.

(d)    Supporting information.

(e)    Filing fee.

(3)    The complete copies of the application for tentative approval will be distributed by the Borough to the appropriate agencies and individuals.

(4)    The Borough shall schedule, provide notice of, and conduct hearings as required by Article VII of the MPC. [Ord. 2010-1]

(5)    Borough Council shall render a decision on an application for tentative approval in accordance with the requirements of Article VII of the MPC. [Ord. 2010-1]

(6)    Borough Council shall issue a written decision on an application for tentative approval in accordance with the requirements of Article VII of the MPC. [Ord. 2010-1]

(7)    In the event a development plan is granted tentative approval with or without conditions, the Borough Council may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed, or, in the case of a development plan which provided for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. In the case of developments over a period of years, except upon the consent of the landowner, the time so established between applications for final approval of each part of the plan shall not be less than 12 months.

(8)    The official written communication shall be mailed to the landowner.

(9)    In the event the planned development is granted tentative plan approval subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication from the Borough Council, notify the Borough Council of his refusal to accept all required conditions, in which case the Borough Council shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within 30 days, notify the Council of his refusal to accept all said conditions, tentative approval of the development plan along with any conditions shall stand as granted.

(10)    Tentative approval of a development plan shall not qualify a plan of the planned development for recording nor authorize construction or the issuance of any zoning and/or building permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (provided the landowner has not defaulted or violated any of the conditions of the tentative approval), shall not be modified or revoked or otherwise impaired by action of the Borough pending application for final approval, without the consent of the landowner, provided an application or applications for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval.

(11)    In the event a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon the development plan and shall so notify the Council in writing, or in the event the landowner shall fail to file application of applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all the portion of the area included in the development plan for which final approval has not been given shall be subject to those ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted in the records of the Borough Secretary.

C.    Application for Final Approval.

(1)    An application for final approval may be for all the land included in the development plan, or for a section of the development plan as delineated in the tentative approval.

(2)    Ten complete copies of an application for final approval shall be submitted by the landowner to the Borough within the time specified by the official written communication granting tentative approval. The landowner shall also submit a filing fee to the Borough in an amount specified on the fee schedule adopted from time to time by resolution of the Borough Council. No plan shall be granted final approval until such time as the filing fee is properly submitted to the Borough.

(3)    Each copy of the application for final approval shall consist of the following:

(a)    All materials and information required for submission for the application for tentative approval.

(b)    All additional or revised materials required by the official written communication granting tentative approval.

(c)    All improvement agreements and security for construction of all improvements that may be required by the Borough Council.

(4)    The complete copies of the application for final approval will be distributed by the Borough to the appropriate agencies and individuals.

(5)    Borough Council shall render a decision on an application for final approval in accordance with the requirements of Article VII of the MPC. [Ord. 2010-1]

(6)    Borough Council may, in its sole discretion, conduct a public hearing on an application for final approval. [Ord. 2010-1]

(7)    In the event the development plan as submitted contains substantial variations from the development plan given tentative approval, the Borough Council may refuse to grant final approval, and within 45 days from the filing of the application for final approval, shall so advise the landowner in writing of its refusal, setting forth in the notice the reasons why one or more of the variations are not in the public interest.

(8)    In the event an application for final approval is denied approval, the landowner may either:

(a)    Refile his application for final approval without the variations objected to; or,

(b)    File a written request with the Borough Council that it hold a public hearing on his application for final approval. In which case, the Borough Council shall consider the plan at its next regular public meeting. Should the Council elect to hold a special hearing, advertising requirements shall be in accordance with Article IX of the MPC, 53 P.S. §10901 et seq.

If the landowner wishes to take either action, he may do so at any time within which he is entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within the required time, he shall be deemed to have abandoned the development plan.

(9)    If Borough Council elects to conduct a public hearing, it shall provide notice and conduct the hearing in accordance with the requirements of Article VII of the MPC. [Ord. 2010-1]

(10)    Borough Council shall issue a written decision on an application for final approval in accordance with the requirements of Article VII of the MPC. [Ord. 2010-1]

(11)    The form of a written decision on an application for final approval shall be in accordance with the requirements of Article VII of the MPC. [Ord. 2010-1]

D.    Recording of Plan.

(1)    A development plan which has been granted final approval shall be certified without delay by the Borough Council as being approved; provided, however, no development plan shall be certified unless security to secure the completion of improvements in accordance with Article V of the MPC, 53 P.S. §10501 et seq., has been posted.

(2)    Within 90 days after certification by the Council of final approval of the development plan, the plan shall be filed of record by the landowner in the Office of the Recorder of Deeds of Lebanon County.

(3)    Recording of the development plan after final approval of the Borough Council shall have the effect of an irrevocable offer to dedicate to the public use, all streets and other public ways shown thereon unless reserved by the landowner as hereinafter provided. The approval of the Borough Council shall not impose any duty upon the Borough concerning maintenance or improvement of any such dedicated streets, or public uses, until the Borough has accepted the same by ordinance or resolution.

(4)    No sale of lots or buildings, leasehold agreements, or construction of any buildings or development of any nature shall be permitted prior to recording of the approved development plan. The Zoning Officer shall not issue a permit unless the application for the permit is accompanied by a certificate of recording issued by the Recorder of Deeds.

(5)    In the event a development plan or section thereof is given final approval and thereafter the landowner shall abandon the plan or section thereof and shall notify the Borough Council in writing; or the landowner shall fail to commence and carry out the planned development in accordance with the time provisions stated in §508 of the MPC, 53 P.S. §10508, no development or further development shall take place on the property included in the development plan except in full compliance with this and other applicable Borough ordinances.

E.    Construction, Dedication, and Maintenance of Improvements.

(1)    After the landowner obtains the required permits in accordance with this Chapter and other applicable Borough ordinances, he may proceed with construction of the planned development.

(2)    The Borough shall inspect the improvements that are installed as part of the planned development in accordance with the provisions of Article V of the Pennsylvania Municipalities Planning Code, 53 P.S. §10501 et seq.

(3)    The Borough shall release financial security that has been posted to secure the completion of improvements in accordance with the requirements of Article V of the Pennsylvania Municipalities Planning Code, 53 P.S. §10501 et seq.

(4)    All required improvements that have been offered for dedication shall be deemed to private until such time as the improvements have been completely constructed and are accepted by the Borough. The Borough shall have no obligation to accept dedication of any improvements. If the Borough elects in its sole discretion to accept dedication of any improvement, the developer shall provide clear title to the improvements being dedicated to the Borough and shall reimburse the Borough for all costs associated with the acceptance of dedication of such improvement. [Ord. 2010-1]

(5)    As-built plans of all street improvements, stormwater management facilities, public water supply facilities, public sewage disposal facilities and other public improvements shall be filed at the completion of construction and before any dedication for public use. One set of as-built plans shall be on reproducible matte drafting film and one set of as-built plans shall be in an electronic format acceptable to the Borough Engineer. The as-built plan sets shall be filed with the Borough Secretary. Such plans shall be filed prior to release of the guaranty and issuance of the completion certificate by the Borough Engineer. [Ord. 2010-1]

5.    Sketch Plan Requirements.

A.    The sketch plan may be an approximate drawing but should be drawn to scale.

B.    The sketch plan shall contain at least the following information but need not necessarily show precise dimensions.

(1)    The location, size and topography of the site and the nature of the landowner’s interest in the land proposed to be developed.

(2)    The type and intensity of land use to be allocated to various parts of the site as well as the number of dwelling units, square footage of commercial and nonresidential uses.

(3)    If required, the general location and size of the common open space and the form of organization proposed to own and maintain the common open space.

(4)    The use and approximated location, height, and bulk of buildings and other structures.

(5)    A written statement of a qualified professional concerning the feasibility of proposals for sewerage, water supply, and stormwater management, but not to include drawings.

(6)    The substance of protective covenants, grants, or easements or other restrictions intended to be imposed upon the land, or the use of the land, buildings and other structures including proposed easements or grants for public utilities.

(7)    The provisions to be made for parking of vehicles, and the location, width and general alignment of streets and public ways.

(8)    The required modifications in the Borough regulations that would otherwise be applicable to the subject property.

(9)    In the case of development plans that call for execution over a period of years, an approximate schedule within which applications for final approval of all sections of the planned development may be expected to be filed.

(10)    The approximate tract boundary, north point, names of adjoining property owners, name and location of all abutting streets and utilities, and the location of any significant topographical and physical features.

6.    Requirements for Application for Tentative Approval.

A.    Application Form. The “Application for Approval of a Planned Development,” supplied by the Borough, shall be completed by the landowner or his agent.

B.    Site Plans.

(1)    Each map, plan and drawing shall be prepared by a professional engineer, surveyor, landscape architect or architect registered in the Commonwealth of Pennsylvania, who shall place his seal and signature on all applicable plans, maps and drawings. [Ord. 2010-1]

(2)    Site plans shall be drawn on sheets having a sheet size of 24 inches by 36 inches or larger and shall be at a scale of 10 feet, 20 feet, 30 feet, 40 feet, 50 feet, 60 feet or 100 feet to the inch. Master site plans may be drawn at any legible scale or sheet size. The landowner should utilize the scale and plan format that presents the most readable plans. Site plans may consist of multiple sheets. A key map showing the relationship of each sheet to the overall site plan is placed on all of the multiple sheets. The applicant, in addition to the required paper copies of the site plans, shall provide an electronic copy of the site plans in a form acceptable to the Borough Engineer. Site plans shall show: [Ord. 2010-1]

(a)    The project name or identifying title.

(b)    The name and address of the landowner of the tract, the developer and the firm that prepared the plans.

(c)    The file or project number assigned by the firm that prepared the plan, the plan date, and the dates of all plan revisions.

(d)    A north arrow, a graphic scale, and a written scale.

(e)    The entire tract boundary with bearings and distances, and identification of all corner markers.

(f)    A location map, for the purpose of locating the site to be developed, at a minimum scale of 2,000 feet to the inch, showing the relation of the tract to adjoining property and to all streets, municipal boundaries and streams existing within 1,000 feet of any part of the property proposed to be developed.

(g)    The plotting of all existing adjacent land uses and lot lines within 200 feet of the proposed development including the location of all public and private streets, drives, or lanes, railroads, power lines, gas lines, towers, easements, embankments, walls, streams, and watercourses, buildings and other structures, fences and walls, all residential and nonresidential land uses, sewer mains, water mains, fire hydrants, storm drainage structures, historic sites survey, and other significant natural or man-made features.

(h)    The names of all immediately adjacent landowners and the names and plan book numbers of all previously recorded plans for adjacent projects.

(i)    Contours at vertical intervals of 2 feet for land with average natural slope of 12 percent of less, and at vertical intervals of 5 feet for more steeply sloping land; location of bench mark, and datum used.

(j)    The delineation of 100-year floodplains.

(k)    The delineation of all soil types as indicated by the USDA Soil Conservation Service, Soil Survey of Lebanon County.

(l)    An environmental analysis map(s) showing and identifying the location of unique land forms or natural features (such as hills, berms, knolls, mounds, swales, bowls, depressions, rock outcroppings or scenic views), areas exceeding 15 percent slope, type of bedrock and its associated environmental characteristics affecting the tract to be type of soils and their associated environmental characteristics (such as depth to seasonal high water table, depth to bedrock, erodibility and permeability), watercourses or bodies of water, floodplains, wetlands or other hydrologic conditions shall be provided by the landowner, and any other environmentally sensitive features.

(m)    The plotting of all existing landmarks within the proposed development including the location of all existing streets, buildings, easements, rights-of-way, sanitary sewers, water mains, storm drainage structures, and watercourses.

(n)    The location of all existing vegetation, including all agricultural fields, lawn areas, shrubs and wooded areas. Dominant trees of 8-inch diameter or larger and non-invasive plant species (except for noxious weeds) should be identified. For woodland areas as defined in other sections of this Chapter, perimeter boundary of woodlands may be shown with an estimation of the number of non-invasive dominant trees within that area as prepared by a forester or environmental specialist. [Ord. 2010-1]

(o)    A list of site data including, but not limited to, the following:

1)    Total acreage of the tract.

2)    Zoning district.

3)    Proposed use of the land.

4)    Proposed gross area of the development.

5)    Proposed gross residential density and schedule of nonresi dential acreage and square footage.

6)    Proposed number of dwelling units and building type.

7)    Acreage and percentage of common open space.

8)    Proposed number of parking spaces for each use.

(p)    The proposed location and dimensions of all streets, access drives, parking compounds, sidewalks, bikeways, and curbing.

(q)    The proposed location of block or lot lines with approximate dimensions.

(r)    The approximate radius and arc dimensions for all street line curves. [Ord. 2010-1]

(s)    The typical size of all lots in square feet and acreage.

(t)    The proposed general location and configuration of proposed building envelopes. Reference as to whether each existing structure on the tract is to be retained or removed.

(u)    The proposed location of building setback lines from all streets, and the distances between buildings and adjacent tract boundaries and lot lines.

(v)    The proposed location, size, and use of all common open space areas and recreation facilities where applicable.

(w)    The proposed areas to be dedicated to the Borough with approximate acreage of all areas and widths of all rights-of-way.

(x)    A proposed phasing plan of the development. If the application for tentative approval covers only a part of the overall planned development, it shall be accompanied by a sketch plan of the remainder of the development.

(y)    Typical cross-sections, details, and specifications shall be submitted for all improvements including streets, parking lots, curbs, sidewalks, bikeways, recreation facilities, lighting, and planting.

(z)    Architectural concept drawings, photographs, or pictures that demonstrate the architectural guidelines are to be submitted of each proposed structure type to demonstrate the vision of the planned development.

(aa)    Design concept diagrams that graphically depict the planning principles expressed in this Chapter as such have been applied in the development plan. The diagrams may be prepared at any appropriate scale and should illustrate the planning relationships of the commercial uses to residential areas, sites for public and semipublic uses, community clubs and facilities, internal and peripheral open space, vistas and focal points, pedestrian walking distances, interconnections with the existing street and sidewalk system, buffers areas, and similar features of the plan.

C.    Supporting Information. This report shall contain the following information:

(1)    A written statement explaining why the proposed planned development would be in the public interest and would be consistent with the Borough Comprehensive Plan, and what modifications are necessary to the Borough land use regulations which would otherwise be applicable to the subject property.

(2)    Present zoning of the tract and adjacent properties.

(3)    A written statement describing the natural features of the tract including, but not limited to, an analysis of the hydrology, geology, soils, topography, and vegetation.

(4)    A listing of all proposed dwelling unit types, approximate square footage figures per unit, number of bedrooms, and structure types; a listing of all nonresidential structures with approximate square footage figures.

(5)    A description of the use and improvement of common open space throughout the tract, and the means by which the landowner will guarantee its continuity and maintenance.

(6)    The ratio of vehicle parking spaces to dwelling units and nonresidential uses proposed.

(7)    A statement describing proposed lighting, sewerage, water, electric, gas, telephone, cable television, and refuse removal.

(8)    A master utility plan including acknowledgments from appropriate utilities, authorities and agencies shall be included and shall include the following:

(a)    Appropriate Sewer Authority. An acknowledgment of intent to provide service to the planned development and approval of the proposed points of connection and general location of mains and service laterals. Requirements for improvements to existing infrastructure and terms and conditions for easement s shall be determined.

(b)    Appropriate Water Authority or Company. An acknowledgment of intent to provide public water service to the planned development and approval of the proposed points of connection and general location of mains and service laterals. Requirements for improvements to off-site infrastructure and terms and conditions for easements shall be determined.

(9)    A master traffic impact study in accordance with the governing regulations as may be adopted or incorporated by reference at time of application. A master plan of proposed on and off-site traffic improvements, which is coordinated with the project phasing plan shall be prepared and submitted as part of the study.

(10)    A master stormwater management plan and report which demonstrates the overall stormwater management concept for the project. Preliminary design of major facilities and off-site improvements shall be described in sufficient detail to ascertain their feasibility and general compliance with applicable standards. Design standards shall be in accordance with the Cornwall Borough Subdivision and Land Development Ordinance [Chapter 13].

(11)    A master landscape planting plan depicting the principal landscape plantings (i.e., buffers, street trees, natural areas, or specimens to be preserved or augmented) and typical details of key landscape elements such as entrances, streetscapes, and public spaces that typify the style of the project.

7.    Requirements for Final Approval.

A.    All parts of the application for tentative approval shall be submitted. All maps, plans, drawings, and written material shall be revised according to the official written communication granting tentative approval. Revisions shall be noted and dated on all exhibits.

B.    All additional maps, plans, drawings, agreements, approvals, and other items required by the official written communication granting tentative approval shall be submitted.

C.    The site plans shall include the following:

(1)    Source of title to the land of the planned development as shown by the records of the Lebanon County Recorder of Deeds.

(2)    Lot lines with accurate bearings and distances; distances to be to the nearest hundredth of a foot and proposed survey monumentation.

(3)    Acreage of all lots.

(4)    Accurate dimensions and bearings and distances of any property to be dedicated or reserved for public, semi-public, or community use, including street centerlines and street rights of way lines.

(5)    Accurate tract boundary lines with dimensions and bearings closing with an error of not more than 1 foot in 10,000 feet.

(6)    Accurate distance to the intersection of the centerlines of the nearest established street intersection or official monument.

(7)    Complete curve data for all lot line, tract boundary line, street centerline, and street right of way line curves within the development. Curve data shall include radius, arc, tangent, angle of deflection, and chord bearing and distance.

(8)    Certification, with seal, by a registered professional to the effect that the plan is correct.

(9)    A certificate, duty acknowledged before an officer authorized to take acknowledgment of deeds and signed by the landowner of the property, to the effect that the subdivision or land development shown on the final plan is the act and deed of the landowner, that he is the owner of the property shown on the survey and plans, and that he desires the same to be recorded as such.

(10)    Certification of the offer of dedication of applicable required improvements.

(11)    A certificate for the recommendation of the Borough Planning and Zoning Commission.

(12)    A certificate for approval by the Borough Council.

(13)    A certificate to accommodate the recording information.

(14)    Certification with seal, by a registered professional permitted to design storm drainage facilities within the Commonwealth of Pennsylvania that the storm drainage facilities designed are in conformance with the Borough regulations.

(15)    A notation describing any public uses, streets, drives or common open spaces which are not to be offered for dedication to the public, in which event the title to such areas shall remain with the landowner, and the Borough shall assume no responsibility for improvements or maintenance thereof.

D.    A lighting plan with the location and size of all street, parking compound, recreational and open space lighting fixtures whether freestanding or affixed to buildings, including the delineation of isolux lighting lines at increments of 0.2, 0.5 and 1.0 foot-candles for each fixture, as applicable, and construction details, manufacturers specifications, elevations, materials, and colors for each type of lighting fixture proposed.

E.    A planting plan for the development, except for single-family detached and semi-detached lots to be sold to individual owners. The planting plan shall include the identification and location of the following information:

(1)    All pertinent information regarding the general site layout, existing man-made and natural features on the tract, proposed grading, existing vegetation to be retained and other conditions affecting proposed landscaping.

(2)    Proposed plantings, including shade trees, designated by symbols appropriately scaled to represent the sizes of such at time of planting. Planting beds shall be shown by a clearly delineated border outline. Identification of all proposed plantings shall be numerically quantified and keyed to the planting schedule by the first letters of each plant’s botanical name.

(3)    Planting schedule shall be provided for all proposed plantings, including both botanical and common plant names, identification key, total quantity, size (height, width and caliper) at time of planting based on American Association of Nurserymen increments and minimum size of maintenance after a 3-year growth period.

(4)    Details and specifications for all proposed plantings, top soiling, seeding and mulching, including notes regarding special maintenance requirements temporarily during the period of establishment, or permanently, and the limits of any such special maintenance areas.

(5)    Proposed buffering, screening, walls, and fences, including construction details, cross-sections, elevations, manufacturer’s specifications materials and colors for same.

(6)    Proposed courtyards, plazas, lanes, walkways, paths, common open space and recreation areas and facilities, street or site furniture, ponds, fountains, trellises, pergolas, gazebos, accessory structures, art and sculpture, common mail boxes, solid waste and recycling storage facilities and HVAC equipment and utility service boxes, to be located at or above grade. Construction details, cross-sections, elevations, manufacturer’s specifications, materials, and colors for all of the above items where applicable.

F.    A signage plan for the development, including construction details, elevations, signage message or content, materials, and colors for each type of sign proposed.

G.    Detailed prototypical yard and patio plans, except for single-family detached and semi-detached lots to be sold to individual owners, including detailed plans for the proposed treatment of patios and private or semi-private yard areas, including screening, landscaping, ground material treatment, lighting and access, for each residential dwelling.

H.    Profile drawings shall be submitted for all streets, storms sewers, and sanitary sewer mains. Generally, the drawings shall be at a scale of 50 feet to the inch horizontally and 10 feet to the inch vertically. Existing and proposed grades shall be shown on each drawing.

I.    Cross-sections, details, and specifications shall be submitted for all improvements including streets, parking lots, curbs, sidewalks, bikeways, recreation facilities, play equipment, lighting, planting, sanitary sewer facilities, and sediment and erosion control facilities.

J.    Architectural drawings shall be submitted of each proposed structure type in the planned development. Drawings shall include, but not be limited to, the following information:

(1)    Typical elevations of the exterior sides of all existing and proposed buildings and structures exposed to view, showing the proposed building treatment in terms of architectural style, materials, colors and details, to be drawn at a scale not smaller than 1 inch equals 8 feet.

(2)    A ground level perspective drawing, one showing the community green and the surrounding buildings and showing a typical residential street as seen from the public right-of-way.

(3)    Drawing showing the proposed development in its surrounding context, including adjacent buildings and properties as such exist, to be drawn at the same scale as the site plan.

(4)    Accurately colored architectural renderings of all prototypical buildings, structures and signs.

K.    Design concept diagrams that graphically depict the planning principles expressed in this Chapter as such have been applied in the development plan. The diagrams may be prepared at any appropriate scale and should illustrate the planning relationships of the commercial uses to residential areas, sites for public and semi-public uses, community clubs and facilities, internal and peripheral open space, vistas and focal points, pedestrian walking distances, interconnections with the existing street and sidewalk system, buffers areas, and similar features of the plan.

L.    Declaration of Covenants, Grants of Easements, Conditions, and Restrictions.

(1)    All deeds for conveyance of property within the planned development shall bind the purchasers to the declaration of covenants, grants of easement, conditions, and restrictions and shall state the requirement of mandatory membership for all owners in the development in the owners association, if such an association is to be created for the ownership, administration and maintenance of the common open space.

(2)    Copies of any other restrictions that will run with the land and will become covenants in the deeds of the lots shall be submitted.

M.    An agreement shall be entered into between the Borough and the landowner to cover in detail the improvements required to be constructed as a condition of acceptance of a planned development which specify time limits for the completion of required improvements. The items to be covered by the agreement shall include, but not necessarily be limited to, the construction of streets, storm drainage facilities, sanitary sewers, water lines, street signs, survey markers and monumentation, sidewalks, curbs, off-street parking, street lights, street trees, fire protection, and common open space improvements.

N.    Financial security shall be calculated and posted secure the completion of improvements in accordance with the requirements of Article V of the Pennsylvania Municipalities Planning Code, 53 P.S. §10501 et seq., and the Borough Subdivision and Land Development Ordinance [Chapter 13]. The financial security shall be released as construction progresses in accordance with the procedure set forth in Article V of the Pennsylvania Municipalities Planning Code, 53 P.S. §10501 et seq. Upon completion of the improvements and acceptance of dedication by the Borough of any improvements, the landowner shall post financial security to secure the structural integrity and functioning of the improvements that have been accepted by the Borough in accordance with the requirements of Article V of the Pennsylvania Municipalities Planning Code, 53 P.S. §10501 et seq.

O.    The proposed location, width and purpose of all easements.

P.    A grading plan of the development.

Q.    A clearing and vegetation protection plan showing and identifying the location of all area of the tract to be cleared, all areas of soil disturbance, all areas of topsoil stockpiling during the period of development, all existing vegetation to be retained, details for the methods of vegetation protection during the period of development.

R.    Pennsylvania Department of Transportation highway occupancy permits.

S.    Lebanon County Soil Conservation District approval of soil erosion and sediment control plans.

T.    Pennsylvania Department of Environmental Protection sewer and water approval; erosion and sediment control approval (earth moving).

U.    Electric company approval of the lighting plan and location of all electric power lines and easements.

V.    Gas company approval of location of all gas lines and easements, if applicable.

W.    Appropriate utility and transmission companies approval of development around rights of way and easements.

X.    Appropriate railroad company approval of any proposed grade crossings, utility crossings, rail extensions or alterations.

Y.    Local postmaster approval of street names.

Z.    Updated traffic impact study pertaining to the phase to be constructed.

8.    Permitted Uses in a Planned Development (PD). The following uses are permitted in a planned development (PD), subject to all the applicable development standards and requirements:

A.    Residential uses including, but not limited to, the following:

(1)    Single-family detached dwellings.

(2)    Single-family semi-detached dwellings.

(3)    Duplex dwellings.

(4)    Townhouse dwellings.

(5)    Apartment dwellings.

(6)    Accessory dwellings.

B.    Public and semipublic uses and structures typically constructed as part of this type of facility, including but not limited to, the following:

(1)    Community clubs.

(2)    Community facilities such as police and fire protection facilities, museums, libraries, etc.

(3)    Day care facilities.

(4)    Churches and related uses.

(5)    Municipal buildings.

(6)    Nursery, kindergarten, elementary, middle, and high schools.

(7)    Institutions of higher education, convents, and monasteries.

C.    Recreation uses and structures typically constructed as part of this type of facility including, but not limited to, the following:

(1)    Parks and playgrounds.

(2)    Golf courses, country clubs.

(3)    Swimming, health/fitness, and/or tennis clubs.

D.    Commercial uses including, but not limited to, the following:

(1)    Banks and other financial institutions, including drive-through banking facilities.

(2)    Business and professional offices.

(3)    Personal services shops including barbershops, beauty parlors, tailors, shoe repair, dry cleaning (excluding dry cleaning plants), self-service laundromats, florists, etc.

(4)    Retail sales of goods and services–limited to sales areas not to exceed 3,000 square feet in floor area.

(5)    Sit-down restaurants, tearooms, cafes, and other places serving food and drink, but not including drive-in, drive-through, or fast food restaurants.

(6)    Convenience stores, but excluding automotive fuel sales.

(7)    Bed and breakfast establishments (guest homes).

(8)    Employee/executive retreats and training centers.

(9)    Shopping centers–limited to not more than five buildings/units, with a maximum total floor area of 20,000 square feet of floor area per site.

(10)    Indoor, live theaters–limited to a seating capacity of 1,000 or less.

(11)    Indoor, single-screen movie theaters–limited to a seating capacity of 1,000 or less.

(12)    Bowling alleys.

(13)    Dance halls.

E.    Industrial uses including, but not limited to, the following:

(1)    Specialty shops for custom work and articles to be sold at retail on the premises, such as baking, confectionary, dressmaking, printing and similar shops and services.

(2)    Manufacturing or storage uses which are characterized by uses of large sites, attractive buildings and inoffensive processes, and which can be compatible with neighboring residential uses.

F.    The following accessory uses are permitted in a PD, subject to all the applicable development standards and requirements.

(1)    Home occupations and home businesses in accordance with the standards set forth in §14-2612 of this Chapter.

(2)    Family day care homes, subject to the conditions listed in §14-2607 of this Chapter.

(3)    Accessory uses, buildings, or structures for all other nonresidential uses as approved by the Borough Council.

(4)    All PD accessory uses shall comply with the accessory uses regulations of §14-1603 of this Chapter.

9.    Prohibited Uses in a Planned Development (PD). The following uses are expressly prohibited in a planned development (PD):

A.    Drive-in, drive-through or fast fond restaurants.

B.    Taxi and bus passenger stations, and transfer trucking facilities.

C.    Mortuary and undertaking establishments.

D.    Amusement enterprises such as megaplex movie theaters, arenas, racetracks, and other similar recreation or entertainment establishments.

E.    Nurseries and commercial greenhouses.

F.    Shops for contractors, plumbers, heating, air conditioning/cooling, painting, and upholstering specialists.

G.    Automobile dealers and automobile washes.

H.    Gasoline stations and repair garages.

I.    Automobile body shops.

J.    Communication facilities requiring transmission antennas, radio or television stations, satellite earth stations, and similar uses.

K.    Manufacturing or storage uses which, because of their shipping, storage and other requirements, should not be located in close proximity to residential areas.

L.    Adult oriented businesses.

M.    Uses similar to the above listed uses.

10.    Planned Development Common Open Space.

A.    Twenty-five percent of the gross area of the PD shall be allocated to and shall remain common open space. Common open space within the Floodplain District shall be included within the required common open space; however, the provisions of that district shall apply. Common open space shall be deed restricted to prohibit future subdivision or development, except for agricultural, recreational, golf course uses that may be permitted with the approval of the Cornwall Borough Council. The common open space shall be provided in the form of internal open space and peripheral open space.

B.    Internal open spaces shall contain a minimum area of 500 square feet and shall be of a distinct geometric shape (generally rectilinear or square) appropriate for use as a public space. Internal open spaces shall function as traditional urban public space, i.e., park, monumental, public gathering, or visual. Internal open spaces shall in general be the focus or be spatially enclosed by the buildings that front on the area or front upon the streets bounding the area.

C.    Common open space, particularly peripheral open space areas, containing existing attractive or unique natural features, such as streams, creeks, ponds, floodplains, wetlands, woodlands, specimen trees, and other areas of matures vegetation worthy of preservation may be left unimproved and natural state. As a general principle, the preservation of undeveloped open space in its natural state or as existing farms is encouraged. To the greatest extent possible, common open space shall include all environmentally sensitive areas, including areas with slopes greater than 15 percent, 100-year floodplains, wetlands, areas of seasonally high water, and other such critical areas. Existing man-made features, such as farmsteads, may be preserved through incorporation in common open space.

D.    Peripheral open space areas may be used for public and semipublic recreation purposes with the approval of the Borough Council.

E.    Recreational facilities shall be required to serve the anticipated needs of the residents of the PD, taking into account the anticipated characteristics and demographic profile of the development’s population, the recreational facilities available in neighboring developments, and the relevant provisions regarding recreational facilities contained in the Comprehensive Plan. The buildings, structures and improvements permitted in the common open space shall be appropriate to the authorized uses and shall conserve and enhance the amenities of the common open space with regard to its topography and unimproved condition.

F.    The phasing plan of the PD shall coordinate the improvement of the common open space with the construction of dwellings. At no time in the development of various phases of the PD may the total area of common open space in the phases developed be less than 25 percent of the gross area of the developed lands unless additional areas to produce the required percentage are permanently reserved as common open space on the remaining land of the total development. The location or size of this reserved common open space on remaining land may be altered or changed upon the approval and recording of the development plan of an additional phase of development.

G.    The ownership, administration, and maintenance of common open space shall be arranged to be in accordance with one or more of the following:

(1)    The Borough may accept dedication of common open spaces or any interest therein for public use and maintenance, for no consideration to be paid by the Borough. Unless waived by the Cornwall Borough Council at time of approval, the Borough shall have the option to accept all or any portion of the common open space at any time within 10 years of the recording of the final subdivision plan for the development. The final plan shall contain a note, in language acceptable to the Borough Solicitor that the common open space is irrevocably offered for dedication to the Borough for a period of 10 years from the date of the recording of the final plan. Said note shall also state that the Borough shall have no duty to maintain or improve the dedicated common open space unless and until it has been accepted by formal action of the Borough. This provision does not preclude future plan modification by the developer.

(2)    The landowner may establish a property owners association made up of the owners of property in the planned development, for the purpose of owning, administering, and maintaining common open space; provided however, the association shall not be dissolved nor shall it dispose of the common open space by sale or otherwise (except to an organization conceived and established to own, administer, and maintain common open space approved by the Borough) without first offering the common open space for dedication to the Borough. The property owners association shall be empowered to levy and collect assessments from the property owners of the PD to cover replacements, working capital, operating expenses, insurance against casualty and liability, and contingencies.

(3)    The landowner may establish a deed or deeds of trust, approved by the Borough Council, for the purpose of owning, administering and maintaining common open space, with the Trustee empowered to levy and collect assessments from the property owners of the PD to cover replacements, working capital, operating expenses, insurance against casualty and liability, and contingencies.

(4)    With permission of the Borough, and with appropriate deed restrictions in favor of the Borough and in language acceptable to the Borough Solicitor, the developer may transfer the fee simple title in the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the conservation of open space land and/or natural resources; provided that:

(a)    The organization is acceptable to the Borough and is a bona fide conservation organization with a perpetual existence.

(b)    The conveyance contains appropriate provisions for proper retransfer or reverser in the event that the organization becomes unable to continue to carry out its functions.

(c)    A maintenance agreement acceptable to the Borough is entered into by the developer, organization, and Borough.

H.    If a portion of the common open space is to be used for agricultural purposes, that portion of the common open space may be transferred to a person or other entity that will farm the land. Prior to the transfer of any common open space for agricultural purposes, a permanent conservation easement in favor of the Borough, in language acceptable to the Borough Solicitor, shall be imposed against such land. The conveyance shall contain appropriate provisions for the retransfer or reverser to the Borough or any association or trustee holding the remainder of the common open space in the event the land ceases to be used for agricultural purposes.

I.    In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after the establishment of the PD fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Borough may serve written notice upon such organization or upon the residents of the PD setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the property within the PD and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of 1 year. Said maintenance by the Borough, shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the PD, to be held by the Borough, at which hearing such organization or the residents of the PD shall show cause why such maintenance by the Borough, shall not, at the option of the Borough, continue for a succeeding year. If the Borough shall determine that such organization is ready and able to maintain the common open space in reasonable condition, the Borough shall cease to maintain said open space at the end of said year. If the Borough shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common open space during the next succeeding decision of the Borough shall be subject to appeal to court in such manner, and within the same time limitation as is provided for zoning appeals by the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq., as amended or supplemented. The cost of maintenance of such common open space by the Borough shall be assessed ratably against the properties within the planned development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Borough, at the time of entering upon said common open space for the purpose of maintenance shall file a notice of lien in the office of the Prothonotary of Lebanon County, Pennsylvania, upon the properties affected by the lien within the planned development.

11.    Blocks Within Planned Developments.

A.    To the greatest extent possible, blocks shall be designed to have a maximum length of 400 feet. Alleys shall be permitted to bisect blocks.

B.    Each block shall be designated with a building setback line, which shall establish the front yard setback for the lots on the block. The actual building location shall fall between the minimum and maximum front yard setbacks for the proposed uses. Building locations, lot areas and lot widths shall vary at random to the greatest extent possible, in order to create variation and appropriate human scale in the streetscape. A maximum of 5 percent of all lots for single-family detached dwellings may be flag lots.

12.    Streets Within Planned Developments.

A.    The street layout shall be adapted to the topography, unique natural features and environmental constraints of the tract. The street layout shall take into consideration the location of the community focus, other internal open space areas and vistas. A minimum of two interconnections with the existing public street system shall be provided where possible. Linkages to adjacent developments and neighborhoods with pedestrian and bicycle paths are recommended where possible.

B.    The street layout shall form an interconnected system of streets primarily in a rectilinear grid pattern, however, modified to avoid a monotonous repetition of the basic street/block pattern.

C.    The street layout shall incorporate a hierarchy of street types as provided for in the Cornwall Borough Subdivision and Land Development Ordinance [Chapter 13].

13.    Residential Development within a Planned Residential Development.

A.    The maximum allowable gross density of the PRD shall not exceed 4.0 units per gross acre.

B.    A range of dwelling types shall be provided in the development. The number of single-family detached dwellings, including both large lot and small lot types, shall range from a minimum of 50 percent to a maximum of 90 percent. Of the dwellings other than single-family detached dwellings, no more than 50 percent shall be the same type of dwelling unit (e.g., semi-attached, duplexes, townhouses, apartments, or accessory dwellings).

C.    Residential net density shall generally decrease from the center towards the periphery of the development. A mix of dwelling unit types shall be distributed throughout the development. The segregation of different dwelling unit types is discouraged and different types of dwelling units may be mixed in any distribution within any single block if desired.

D.    Buildings containing dwelling units shall be designed to vary in appearance. Building designs shall vary in terms of footprint, architectural elevations, fenestration, type of roof, height, front entrance, and porch locations. Colors, materials, and architectural details should be limited in number, compatible, and used repeatedly throughout the neighborhood.

E.    Accessory dwellings includes apartments integrally attached to single-family detached dwellings, or detached accessory dwellings, such as carriage houses or agricultural-type outbuildings, located on the same lot as single-family detached dwellings. Accessory dwellings shall be limited to areas specifically designated for such use accessory dwellings shall not affect overall density determination. There shall not be more than one accessory dwelling located on a lot in addition to the single-family detached dwelling.

F.    Apartment dwellings located on upper floors above commercial uses shall be limited to areas designated for such use. For the purposes of calculating residential density each such apartment dwelling shall count as one-half dwelling unit.

14.    Commercial Development Within a Planned Residential Development.

A.    The commercial density of a PRD shall range from a minimum of 25 square feet of commercial floor area per residential dwelling unit to a maximum of 150 square feet of commercial floor area per dwelling unit. The commercial component of a PRD shall be mandatory unless waived by the Cornwall Borough Council.

B.    The commercial component shall consist of a minimum of commercial uses primarily oriented to serve both the residents of the development and residents of the immediately surrounding community. The remaining commercial uses may consist of any permitted commercial uses, including other types of retail and service uses.

C.    Commercial uses may be contained in multi-story, mixed-use structures with commercial uses on the ground level and apartment dwellings on the upper levels. Such buildings contained within any neighborhood shall vary in terms of footprint and architectural elevations. Storefront commercial buildings shall be designed to coordinate with the scale and character of the streetscape upon which it fronts. Contemporary commercial structures shall be detached and visually separated from the village streetscape.

D.    Restaurant uses shall be permitted to operate outdoor cafes on sidewalks, including areas within the public right-of-way, and in courtyards, provided pedestrian circulation or access to store entrances shall not be impaired. The following standards and guidelines are applicable:

(1)    To allow for pedestrian circulation, a minimum of 5 feet of sidewalk along the curb and leading to the entrance to the establishment shall be maintained free of tables or other encumbrances.

(2)    Planters, posts with ropes, or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the café.

(3)    Extended awnings, canopies, or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors.

(4)    Outdoor cafes shall be required to provide additional outdoor trash receptacles.

(5)    Tables, chairs, planters, trash receptacles, and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located.

E.    For storefront commercial uses, on street parking shall be provided as a supplement to off-street parking facilities to serve customers of storefront commercial uses. The minimum requirement for on-street parking shall be one curbside space for each 2,000 square feet of gross floor area of storefront commercial uses. Where the minimum on-street parking requirement cannot be completely complied with, the deficient number of spaces shall be provided in off-street parking lots. Commercial on-street parking shall be provided as curbside parallel or angle parking located along both sides of the streets on all blocks upon which commercial uses front. Contemporary commercial uses shall provide off-street parking and loading in accordance with the off-street parking provisions of Article 24 of this Chapter.

F.    Parking for all dwelling units shall be prohibited in front yard setback areas. With the exception of single-family detached dwellings, single-family semi-detached dwellings and duplexes, driveways shall be prohibited in any front yard area. For other dwelling types driveway access shall be provided from lanes.

G.    Parking Lot Landscaping, Buffering, and Screening.

(1)    Parking lot layout, landscaping, buffering, and screening shall prevent direct views of parked vehicles from streets and sidewalks, avoid spillover light, glare onto adjacent properties.

(2)    The interior of all parking lots shall be landscaped to provide shade and visual relief. Parking lots with 10 spaces or less may not require interior landscaping if the applicant demonstrates to the Cornwall Borough Council that there is adequate perimeter landscaping.

(3)    Parking lot layout shall take into consideration pedestrian circulation–pedestrian crosswalks shall be provided, where necessary and appropriate.

(4)    Parking lot layout, landscaping, buffering and screening shall comply with Article 23 of this Chapter (Environmental Improvements and Energy Conservation) or as approved as part of the tentative plan approval process.

15.    Area and Bulk Guidelines. The following area and bulk guidelines are intended to establish a basis for evaluation and approval of site-specific standards as proposed by the applicant. The applicant shall provide an equally complete set of guidelines that relate to the proposed PRD. When approved by the Council, these dimensions will become the applicable standards for the project.

A.    Planned Residential Development Guidelines.

Use

Min. Lot Area (sq. ft.)

Min. Lot Width (ft)

Min. Lot Depth (ft)

Min. Front Yard (ft)

Max. Building Height (ft)

Single-family detached dwellings

4,000

40

100

see note 3

35

Single-family semi-detached dwelling

1,800

18

100

see note 3

35

Two-family dwelling

1,800

18

100

see note 3

35

Single-family attached dwelling

1,800

18

100

see note 3

35

Apartment dwelling

none req’d

none req’d

none req’d

see note 3

40

Commercial uses and mixed use buildings

none req’d

none req’d

none req’d

see note 3

40

Notes:

1. Bulk Standards for Accessory Dwellings. An accessory dwelling located on the same lot as a large lot single-family detached dwelling, whether attached or detached to same, shall additionally comply with the bulk standards as specified above without modification, except that a detached accessory dwelling shall be limited to a maximum building height of 35 feet.

2. Additional Standards for Accessory Dwellings. An accessory dwelling located on the same lot as a small lot single-family detached dwelling, whether attached or detached to same, shall additionally comply with the standards as specified above without modification, except that a detached accessory dwelling shall be limited to a maximum building height of 25 feet.

3. Where buildings are aligned front-to-front, rear-to-rear, or obliquely whether or not separated by property lines, the applicant shall propose, for approval by the Council, standards that are consistent with the intended character of the neighborhood and demonstrate adequate provision for maintenance and the health, safety, and welfare of the Borough and occupants of the community.

B.    Planned Business Development Guidelines. The maximum allowable gross density of the PBD shall not exceed 10,000 square feet of gross building floor area per gross acre.

Use

Min. Lot Area (sq. ft.)

Min. Lot Width (ft)

Min. Lot Depth (ft)

Min. Front Yard (ft)

Max. Building Height (ft)

Commercial uses

20,000

100

150

50

35

Industrial uses

40,000

200

200

60

45

Institutional uses

20,000

100

150

50

40

16.    Required Loading and Service Areas.

A.    When required, loading docks, solid waste facilities, recycling facilities and other service areas shall be adequately separated and/or screened from the public ROW and adjacent properties.

B.    Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and landscaping shall also prevent spillover glare, noise or exhaust fumes. Screening and buffering shall be achieved through walls, fences and landscaping and shall be visually impervious. Recesses in the building, architectural design or depressed access ramps may also be used. All loading and service areas shall conform to the screening and landscaping requirements of Article 23 (Environmental Improvements and Energy Conservation) and the loading and unloading space requirements of Article 24 (Off-Street Parking and Loading Requirements).

17.    Floodplain Control. All floodplain areas shall comply with the requirements of Article 18 (General Floodplain District). Floodplain areas may be utilized in meeting open space requirements and for the computation of maximum allowed density based on gross acreage.

18.    Signs. All signs located within a planned development shall comply with Article 25 of this Chapter (Signs and Advertising Structures) or as approved as part of the tentative plan approval process.

19.    Landscaping.

A.    Landscaping shall be required in accordance with a master landscape plan. All areas of a site not occupied by buildings, parking lots, other improvements or textured paving shall be planted with trees, shrubs, hedges, ground covers and/or grasses, unless such area consists of existing vegetation to be retained.

B.    Landscaping plans shall be prepared by a Registered Landscape Architect.

C.    Landscaping shall comply with Article 23 of this Chapter (Environmental Improvements and Energy Conservation) or as approved as part of the tentative plan approval process.

20.    Shade Trees. Shade trees shall be provided along streets, public or private, in accordance with the overall landscape plan.

21.    Lighting. Streets and sites shall provide adequate lighting, while minimizing adverse impacts, such as glare and overhead sky glow, on adjacent properties and the public right-of-way.

22.    Street Furniture. Elements of street furniture, such as benches, waste containers, planters, phone booths, bus shelters, bicycle racks, and bollards should be carefully selected to ensure compatibility with the architecture of surrounding buildings, the character of the area and with other elements of street furniture. Selection and location of the various elements of street furniture shall be indicated on the master landscape plan.

23.    Architectural Design Standards and Guidelines. Buildings shall generally relate in scale and design features to indigenous regional architecture. An applicant for tentative approval shall prepare an architectural design guide that will describe the key elements of style and design that will be employed as parameters for subsequent design of structures and architectural features throughout the life of the project.

24.    Industrial Performance Standards. All industrial uses proposed as part of a Planned Business Development shall conform to the requirements of §14-1504 (Performance Standards) of this Chapter, as may be modified as part of the tentative plan approval process.

(Ord. 2008-1, 6/9/2008, §1702; as amended by Ord. 2010-1, 6/14/2010, §§2–6)

§14-1704 Utilities.

Unless specified otherwise in this Chapter, every building or structure hereafter erected, altered, or moved upon any premises and used in whole or in part for dwelling, commercial or recreational business, or industrial purpose shall be shall be supplied with public water and sewer facilities. All telephone, cable, and electrical lines shall be installed underground.

(Ord. 2008-1, 6/9/2008, §1703)

§14-1705 Minimum Off-Street Parking and Loading Requirements.

Off-street parking shall be provided for in accordance with Article 24 of this Chapter.

(Ord. 2008-1, 6/9/2008, §1704)

§14-1706 Signs and Advertising Structures.

Signs shall be permitted in accordance with Article 25 of this Chapter.

(Ord. 2008-1, 6/9/2008, §1705)

§14-1707 Supplementary District Regulations.

The supplementary district regulations in Article 22 shall apply, where applicable, as additional requirements for this district.

(Ord. 2008-1, 6/9/2008, §1706)

§14-1708 Environmental Improvements and Energy Conservation Requirements.

The environmental and energy requirements in Article 23 shall apply, where applicable, as additional requirements for this district.

(Ord. 2008-1, 6/9/2008, §1707)