2011 036 Ordinance - Laserfiche WebLink

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landscaped in a manner generally consistent with the provisions more substantially depicted in Exhibit "D" attached hereto and incorporated herein by reference. ii. The eastern driveway proposed on Wilson Mills Road shall be constructed so as to be across the street from the eastern most driveway to what is known as the Musca development located on the north side of Wilson Mills Road. The proposed western driveway on Wilson Mills shall have a ground sign that shall be no higher than three (3) feet. iii. The proposed eastern driveway on Wilson Mills Road shall not have a ground identification sign. iv. No light poles shall be installed in any landscaped or setback areas. In addition, the maximum height of any light pole, within 50 feet of any adjacent or adjoining residential property line, shall be no greater than twenty (20) feet. v. The illumination, as measured on the ground, of any lights when viewed from any adjacent, adjoining and nearby residential property shall not exceed 0 to lfoot-candles, with the possibility of a higher measurement on the ground at the street right of way and at the adjacent existing commercial property lines along SOM Center Road and Wilson Mills Road . The light fixtures shall be "cut-off' type to minimize illumination and brightness on any adjacent, adjoining and nearby residential properties. vi. A green space easement to be more fully negotiated between the parties and recorded of record, in the range of thirty (30) to fifty (50) feet wide, shall be granted to the Village along the east and south property lines of the Improvement in the locations more fully illustrated on the engineer's survey as set forth in Exhibit "E" and as further described and identified in the legal description set forth in Exhibit "F" ,both attached hereto and incorporated herein by reference. 5. Miscellaneous. a. Contingency. Notwithstanding anything contained herein to the contrary, Deacon, shall have no obligation to perform any of the obligations here unless and until it shall have obtained final non-appealable site plan, (and if required) subdivision approval, issuance of certain building permits by the Village for the Improvements and the rezoning of the Rezoned Property (the "Rezoning Contingency" and "Permit Contingency" respectively). If for any reason whatsoever, either the Rezoning Contingency or Permit Contingency is not satisfied within two (2) years after the date hereof, either party shall have the right to terminate this Development Agreement by providing written notice to the other and thereafter, this Development Agreement shall terminate as of the date of such notice. In 3