Dear Paul:
As discussed at the Ad Hoc Committee meeting on October 27, 2009, attached please
find a revised draft of the proposed ordinance to amend the Zoning Ordinance to create the
Coordinated Mixed Use Development Overlay. This draft may be distinguished from the prior
draft by the draft date in the upper left-hand corner of the first page. I have attached Exhibit
“A”, the legal description of the lands to be rezoned, so that the Planning and Zoning Commission
will have a complete copy of the proposed ordinance for its regular meeting on Monday,
November 2.
In accordance with the e-mail which I received today, I revised Section 1759.C. I made
some changes from the proposed language for clarification. Section 1759.C now states:
Residential density shall generally decrease from the center of the CMU Development
Tract towards the periphery of the CMU Development Tract. There shall
be a setback of not less than seventy-five (75) feet between buildings not on the
CMU Development Tract existing on the effective date of this section and
buildings within the CMU Development Tract. The portion of such setback
within the CMU Development Tract shall contain existing vegetation, new
landscaping and/or a berm, or a combination of any of these features to provide
a visual barrier. The setback may contain roads, driveways, utilities, drainage
facilities, and other site improvements so long as the visual barrier is provided.
As discussed at the meeting of the Ad Hoc Committee, Steve Dellinger will provide a
copy of the proposed ordinance to the Lebanon County Planning Department on an informal
Paul Vranesic, Vice President
October 28, 2009
Page 2
basis. The County Planning Department may then informally commence its review.
Council meets on Monday, November 9. At that meeting, Council may authorize
transmission of the proposed ordinance to the County Planning Department for the formal
review and recommendation required by the Pennsylvania Municipalities Planning Code
(“MPC”). Council may, if it desires, schedule a date for a public hearing on the proposed
ordinance. There is no date within which Council must act on the proposed ordinance. Instead,
the MPC establishes items which must be completed before Council may act. Council should
consider the following MPC requirements in establishing the date for the public hearing:
1. The Borough must allow the Planning and Zoning Commission and the
Lebanon County Planning Department at least 30 days to review the proposed ordinance.
MPC §§609(c), 609(e). However, Council cannot hold the public without a formal
recommendation from each body until 45 days has elapsed. MPC §§303(a), 304(a).
What this means in essence is that if the County Planning Department and the Planning
and Zoning Commission both act and provide written recommendations on day 32 after
formal submission, Council could conduct a public hearing at that time. However,
Council must have assurances that it will receive the County Planning Department and
Planning and Zoning Commission comments by a date certain if Council wishes to
schedule the public hearing before the expiration of the 45 day period because of the
advertising and notice requirements discussed below.
2. The Borough must send written notice of the date and time of the public
hearing to any owner of land to be rezoned at least 30 days before the date of the public
hearing. MPC §609(b)(2)(i). Therefore, if Council establishes a date of a public hearing
on November 9, it should be at least 32 days later to allow time for the preparation and
mailing of this letter. It is best to set the hearing date at least 46 or 47 days after submission
of a proposed ordinance in case the Borough does not receive comments from the
County Planning Department within the 45 day period.
3. The Borough must publish public notice of the public hearing. This must be
published twice, a week apart, with the last advertisement at least one week prior to the
date of the public hearing. MPC §§609(b)(1), 107(a).
4. The properties to be rezoned must be posted at least one week prior to the date
of the public hearing. MPC §609(b)(1).
If Council establishes a date for the public hearing and you desire for me to prepare the
necessary notices, please let me know as soon as possible. Please also let me know if Council
Paul Vranesic, Vice President
October 28, 2009
Page 3
desires for me to attend the public hearing. If you have any questions, please contact me.
However, I will be on vacation beginning on October 29 and will not return to the office until
November 9.
Very truly yours,
Josele Cleary
JC:sle
71\45810\091028\71
Attachment
cc: Ad Hoc Committee (via e-mail; w/attachment)
R. Steven Dellinger, AICP (via e-mail; w/attachment)
Paul J. Callahan, Special Projects Coordinator (via e-mail; w/attachment)
71\45810\091002\72
10/28/09
BOROUGH OF CORNWALL
Lebanon County, Pennsylvania
ORDINANCE NO.
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF CORNWALL
BOROUGH TO ADD AND REVISE DEFINITIONS OF TERMS; TO REVISE
REGULATIONS IN ARTICLE 17 GOVERNING SUBMISSION OF PLANS; AND
TO ADD A NEW ARTICLE 17A, COORDINATED MIXED USE OVERLAY; TO
PROVIDE REGULATIONS GOVERNING DEVELOPMENT WITHIN THE
COORDINATED MIXED USE OVERLAY; AND TO ESTABLISH THE COORDINATED
MIXED USE