MUSCOGEE TECHNOLOGY PARK

COLUMBUS/MUSCOGEE COUNTY, GEORGIA

DEVELOPMENT AUTHORITY of COLUMBUS, GEORGIA

Approved May 7, 2003

COVENANTS, CONDITIONS, RESTRICTIONS AND DEVELOPMENT GUIDELINES

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TABLE OF CONTENTS Section A Covenants, Conditions and Restrictions Declaration page 3 Article 1 Definitions/Provisions of General Application page 4 Article 2 Property Subject to Declaration page 6 Article 3 Usage of Building Sites page 6 Article 4 Development Standards page 8 Article 5 Building Site Size & Subdivision page 9 Article 6 Easements page 10 Article 7 Other Property page 11 Article 8 Maintenance of Building Sites and Improvements page 11 Article 9 Inspections and Violations page 12 Article 10 General Provisions page 13 Section B Development Guidelines Design Review and Approval Process page 16 Required Information (Final) page 17 Item A Architectural Design page 18 Item B Setbacks/Areas and Yard Requirements page 19 Item C Site Grading page 20 Item D Vehicular Circulation and Parking page 20 Item E Loading, Service and Storage Areas page 21 Item F Landscaping page 22 Item G Site Lighting page 24 Item H Site Utilities page 25 Item I Site Signage page 26 Item J Maintenance page 28

Appendix A Definitions page 32

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SECTION A COVENANTS, CONDITIONS, AND RESTRICTIONS

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR MUSCOGEE TECHNOLOGY PARK

This Declaration made on the date hereinafter set forth by the Development

Authority of Columbus, Georgia (hereinafter referred to as the "Authority");

WITNESSETH: Whereas, Muscogee Technology Park (the “Park”) is being developed on real

property owned by the Authority in Columbus, Georgia, which is the real property described in Section 2.01 of this Declaration (the “Property”);

Whereas, the Property is also subject to those Restrictive Covenants for the

protection of the red-cockaded woodpecker and those Preservation Covenants as set forth in Exhibits “A” and “B” to that certain Quitclaim Deed from the United States of America to the Consolidated Government of Columbus, Georgia, recorded in the Office of the Clerk of the Superior Court of Muscogee County, Georgia in Deed Book 5820, page 64 (the “Protective Covenants”);

Whereas, the Authority desires to subject the Property to the covenants, restrictions, assessments and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of the Property, and to make provisions for subjecting other real property which may be developed as a part of the Park to this Declaration or to other declarations containing protective covenants, restrictions, easements and liens;

Now, Therefore, the Authority hereby declares that the Property is hereby

subjected to this Declaration and is and shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants, restrictions, easements, assessments and liens (sometimes referred to herein collectively as “Covenants and Restrictions”) hereinafter set forth and to the Protective Covenants; and the Authority further hereby declares that such other real property as may later be subjected to this Declaration pursuant to the provisions of Article 7 hereof, shall, from and after the filing of record of a supplementary declaration as described in said Article 7 be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the provisions of this Declaration which are specified in such supplementary declaration.

Every grantee of any interest in the above described real property which is now or

hereafter made subject to this Declaration, by acceptance of a deed or other conveyance of such interest, whether or not it shall be so expressed in any such deed or other conveyance, whether or not such deed or conveyance shall be signed by such person, and whether or not such person shall otherwise consent in writing, shall take subject to

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this Declaration and to the terms and conditions hereof, and will be deemed to have assented to said terms and conditions.

ARTICLE 1:

DEFINITIONS AND PROVISIONS OF GENERAL APPLICATION

SECTION 1.01 DEFINITIONS

Certain terms used in this Declaration are defined herein. When used herein, such terms shall have the meanings given to them by the language employed in this Section 1.01 defining such terms, unless the context clearly indicates otherwise. The following terms are defined terms under this Declaration:

Authority: The "Authority" shall mean and refer to the Development

Authority of Columbus, Georgia (the Authority). Park: "Park" shall mean Muscogee Technology Park which includes

the Property and shall include such other property as may be made subject to this Declaration by supplementary declaration pursuant to the provisions of Article 7 hereof.

Building Site: "Building Site" shall mean each tract or parcel of real property

within the Park conveyed by the Authority to an Owner. For purposes hereof any adjoining or contiguous property conveyed by the Authority to the Owner of a Building Site shall be deemed a part of the Building Site of said Owner.

Improvement(s): "Improvements" shall mean any and all Building Site

development(s), betterment(s), modification(s), or construc-tion, including, but not limited to, buildings, structures, walks, towers, tanks, patios, driveways, signs, docks, walls, fences, screens, parking areas, drainage conduit, excavations and grading. Routine maintenance is not an improvement.

Owner: "Owner" shall mean the record owner, whether one or more

persons or entities, of a fee simple title to any Building Site located in the Park and shall include the owner's successors and assigns, including a contract seller, but excluding those having an interest merely as security for the performance of an obligation.

Occupant: “Occupant” shall mean an entity which may or may not also

be an Owner and may be either an individual, corporation, joint venture, partnership, limited liability company or association which has purchased, leased, rented or otherwise occupies and/or uses any Building Site or has the right,

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whether or not exercised, to occupy and/or use any Building Site, or portion thereof.

Development Guidelines: “Development Guidelines” shall mean and refer to the

document so entitled adopted by the Authority as same may be altered, amended or modified from time to time, which sets forth the requirements imposed on each Owner and/or Occupant for the improvement of a Building Site. When the term “Development Guidelines” appears herein, said term refers to the Development Guidelines as same may be amended, altered or modified, in effect at the time final plans and specifications for an improvement are submitted to the Authority, taking into account when appropriate, such variances from the Development Guidelines as may be permitted pursuant to Section 4.02 hereof.

Nuisance: A "Nuisance" shall include but not be limited to any usage of a Building Site that does any of the following: a) So annoys, disturbs or affects the Owners and/or Occupants of any other Building Site or other property within the Park or the owners and/or occupants of property contiguous to the Park so as to obstruct or interfere with the reasonable or compatible use of such other Building Site or property or so as to render usage

of the Building Site or property dangerous or damaging to persons or property thereon;

b) Violates federal, state, or local laws;

c) Violates, in whole or in part, the terms and conditions of these Covenants and Restrictions or of the Development Guidelines.

SECTION 1.02 CONSTUCTION OF CERTAIN TERMS

For all purposes of this Declaration, except as otherwise expressly provided or unless the context otherwise requires, the following rules of construction apply:

a) Words of the masculine gender shall be deemed and to include

correlative words of the feminine and neuter gender.

b) "Declaration" means this instrument as originally executed or as it may from time to time be supplemented or amended.

c) All references to designated "Articles", "Sections", and other

subdivisions are to the designated Articles, Sections or other subdivisions of this Declaration. The words "herein", "hereof"

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and hereunder" and other words of similar import refer to this Declaration as a whole and not to any particular Article, Section or other subdivision.

d) The terms defined in this Article shall have the meanings

assigned to them in this Article and include the plural as well as the singular.

SECTION 1.03 TITLES AND HEADINGS The titles and headings of the Articles and Sections of this Declaration are not a part of this Declaration and shall not be deemed to affect the meaning or construction of any of its provisions.

ARTICLE 2

PROPERTY SUBJECT TO THIS DECLARATION SECTION 2.01 PROPERTY HEREBY SUBJECTED TO THIS DECLARATION

The property which is, by the recording of this Declaration, subject to the covenants, restrictions, easements, assessments and liens hereinafter set forth in which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered to this Declaration is described as follows:

(LEGAL DESCRIPTION TO BE INSERTED) SECTION 2.02 OTHER PROPERTY Only the property described in Section 2.01 above is hereby made subject to this Declaration; provided, however, the Authority reserves the right subject other real property made a part of the Park to covenants and restrictions as provided in Article 7 hereof.

ARTICLE 3:

USAGE OF BUILDING SITES SECTION 3.01 PERMITTED USES

The type of usage of a Building Site shall be subject to approval by the Authority

or its designated agent. Subject to the limitations set forth in Section 3.01, the following are permitted uses:

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a) Uses involving fabricating, processing, assembly or other manufacturing of products and equipment, which are housed within a building and emit no excessive noise, dust or vibrations as determined in the sole discretion of the Authority.

b) Warehousing and distribution facilities for raw materials and finished goods.

c) Offices and professional buildings including headquarters offices.

d) Research and development facilities primarily engaged in research laboratories and developmental laboratories.

e) Auxiliary or accessory uses associated directly with a

permitted enterprise, subject to Columbus Consolidated Government zoning ordinances.

SECTION 3.02 PROHIBITED USES The following are prohibited uses:

a) Any use that is in violation of any laws or regulations of the

Columbus Consolidated Government, the State of Georgia or the United States.

b) Any use for the location of a landfill, commercial automobile storage

yard, solid waste processing plant and billboards, except proprietary signs.

c) Any uses that, in the sole discretion of the Authority, produce

adverse effects upon the development in terms of the health, safety or welfare of persons, or which may be harmful to real property or improvements thereupon. This includes, but shall not be limited to the following effects:

1. Fire hazard 2. Smoke or radiation 3. Fumes, odors, gases, vapors or acids 4. Ground area conditions which will produce dust 5. Vibration - no perceptible ground vibration is permitted at

any point on the boundary line of a Building Site 6. Intense glare or heat 7. Noise

d) Any uses that are in violation of applicable Columbus Consolidated

Government zoning ordinances.

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e) No permanent or temporary structure shall be installed or maintained on any Building Site without the specific written approval of the Authority. All applications for approval of any temporary structure will include provisions for its being dismantled and removed from the applicable Building Site.

ARTICLE 4: DEVELOPMENT STANDARDS

SECTION 4.01 ARCHITECTURAL CONTROL No Improvement shall be erected, placed or altered on any Building Site until the construction plans and specifications, and a plan showing location of the proposed Improvement, and such other requirements as may be imposed by the Development Guidelines on the proposed Improvement have been approved by the Authority as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade evaluation, and as to such other requirements and specifications as may be required by the Development Guidelines. No Building Site Improvement(s) shall be allowed until the Authority approves in writing the compliance with these Covenants and Restrictions and the Development Guidelines. In the event the Authority fails to approve or disapprove within thirty (30) days after the final plans and specifications have been submitted to it and if no suit to enjoin the construction or improvement has been commenced prior to the completion thereof, approval shall not be required and the related Covenants and Restrictions and Development Guidelines shall be deemed to have been fully complied with. SECTION 4.02 VARIANCES

The Authority shall have the power and Authority, in its sole discretion, to grant variances in the application of the Development Guidelines, provided, however, that such variances shall be reasonably consistent with the purposes of these Covenants and Restrictions and shall not materially and adversely affect existing Improvements. Whenever, in the exercise of its discretion, the Authority grants a variance to the Development Guidelines, all Owners and/or Occupants of all other Building Sites, by acquiring property subject to these guidelines, hereby acknowledge that such variances, as may be granted after their acquisition, shall constitute a waiver of any conflicting provisions of these Covenants and Restrictions and the Development Guidelines. Each Owner and/or Occupant of a Building Site appoints the Authority as its true and lawful attorney-in-fact for the limited purpose of consenting to and granting variances in the Development Guidelines in accordance with the terms of this Section 4.02.

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ARTICLE 5:

BUILDING SITE SIZE AND SUBDIVISION SECTION 5.01 BUILDING SITE SIZE The minimum size of any Building Site shall be ten (10) acres. Upon appeal to and approval by the Authority, subdivisions of less than ten (10) acres may be allowed, as set forth below. SECTION 5.02 SUBDIVISION Subdivision of a Building Site shall be permitted only if both the remaining portion of the Building Site and that portion to be sold each comply with the minimum Building Site size set forth in Section 5.01 and if each is capable of being developed in accordance with the then existing Development Guidelines, provided, however, this limitation shall not apply if the remaining portion of the Building Site is at least ten (10) acres and if the portion to be sold is conveyed to the Owner of an adjoining and improved Building Site, provided that in such event the portion sold shall be deemed to be included as a part of the adjoining Building Site and shall otherwise be subject to these Covenants and Restrictions and the Development Guidelines. SECTION 5.03 RIGHT OF FIRST REFUSAL. In the event any Owner of a Building Site that has not been “improved” as defined in Section 5.03(d) below (hereinafter referred to as the “Offered Property”) shall desire to sell and shall have received an offer to purchase the Offered Property, then the Authority shall have the right and option to purchase the Offered Property in accordance with the provisions of this Section 5.03.

(a) Prior to any sale of the Offered Property, the Owner, or its successors or assigns, shall give written notice to the Authority of its intention to sell, describing the Offered Property, the price and terms of the proposed sale, and the proposed use to be made of the Offered Property by the proposed purchaser, and enclose with said notice a copy of the offer from the proposed purchaser.

(b) The Authority shall have thirty (30) days from the date of receipt of said

notice within which it may exercise this right of first refusal. If the Authority exercises its option to purchase, it will purchase the Offered Property for cash at a price per acre which is the same as the price per acre paid to the Authority when the Offered Property was originally sold by the Authority. The closing of the purchase of the Offered Property by the Authority shall take place at the offices of the Authority at a date and time agreed to by the parties within the thirty (30) days after the date of the Authority’s notice of election to purchase.

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(c) If the Authority does not give written notice of its exercise of its right of first refusal within the thirty-day period provided above, the Owner of the Offered Property shall be free to sell the Offered Property to the proposed purchaser upon the terms set forth in the offer. If the Offered Property is not thereafter sold on said terms within one hundred twenty (120) days following the expiration of the thirty-day period provided in Section 5.03(b) above, the Offered Property will again become subject to the right of first refusal.

(d) As used in this Section 5.03 and in Section 5.04 below, the term “improved

land” and/or land that is referred to as being “improved” shall mean land upon which one or more of the following “improvements” shall have been constructed, to-wit: paved parking areas, structural improvements, and/or subsurface improvements made in connection with the development and construction of a building and/or similar facilities thereon, or recreational facilities for employees and their families to be used in conjunction with the operation of a building or other facility located on the Offered Property or on adjacent property.

SECTION 5.04 RIGHT TO REPURCHASE In the event that the Owner of a Building Site has not commenced construction of improvements, as defined in Section 5.03(d) above, within one (1) year from the date of its closing of the purchase of the Building Site, the Authority shall have the right to repurchase the Building Site pursuant to the terms of this Section 5.04. The Authority’s right of repurchase shall be exercised by giving written notice to the Owner of the Building Site of the Authority’s election to repurchase at any time prior to the earlier of (a) twenty (20) years from the date thereof, or (b) the date of the receipt by the Authority of notice from the Owner of the Building Site that said owner will commence construction of improvements within sixty (60) days following the date of said Owner’s notice to the Authority. Said notice from the Owner of the Building Site will not be deemed to have been given unless the construction of improvements is commenced within said sixty (60) day period, but the Authority will have no right to exercise its right to repurchase during the sixty (60) day period. The price to be paid by the Authority for the repurchase of the Building Site is the same as the price per acre paid to the Authority when the Building Site was originally sold by the Authority. The closing of the sale upon the Authority’s exercise the repurchase option will be held in Columbus, Georgia, at the offices of the Authority within thirty (30) days after the date of exercise of the repurchase option at a date and time agreed to by the parties. At the closing, the Authority will pay the purchase price in cash and the Owner of the Building Site will convey title to the Building Site to the Authority free and clear of all liens and encumbrances except those to which the Building Site was subject to at the time of conveyance from the Authority.

ARTICLE 6:

EASEMENTS

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SECTION 6.01 GENERAL Each Building Site is and shall be subject to those easements, if any, shown or set forth on the plat referred to in Section 2.01 of this Declaration. Each Building Site shall also be subject to those easements, if any, shown or set forth on the recorded plat, if any, delineating such Building Site. SECTION 6.02 OTHER There is hereby reserved, without further assent or permit, a general easement to the Authority, its agents, employees and representatives and to all policemen, firemen, ambulance personnel and all similar persons to enter upon the property or any portion thereof comprising the Park in the proper performance of their respective duties.

ARTICLE 7:

OTHER PROPERTY SECTION 7.01 Without further assent or permit, the Authority, for itself, its successors and assigns, hereby reserves the right, exercisable from time to time, to extend the scheme of this Declaration to other real property developed as a part of the Park or developed substantially the same as the Park and within reasonable proximity thereto by filing of record of supplemental declaration with respect to the property to be subjected to this Declaration. Any such supplemental Declaration to this Declaration may set forth and provide for the same Covenants and Restrictions set forth in this Declaration; provided, however, any such supplemental Declaration may contain such modifications of any of provisions set forth in this Declaration as may be appropriate in the Authority's discretion to reflect the different character of the property subjected thereto, provided that any such instrument shall not revoke, modify, or add to the Covenants and Restrictions hereby made applicable to the Property.

ARTICLE 8:

MAINTENANCE OF BUILDING SITES AND IMPROVEMENTS SECTION 8.01 GROUNDS The grounds of each Building Site (whether vacant or occupied) shall be maintained in a neat and attractive condition. Upon the failure of any Owner and/or Occupant to maintain the grounds of a Building Site (whether vacant or occupied) in a neat and attractive condition, the Authority or its designated committee, or the authorized employees, agents or representative of the Authority or its designated committee, may (but without obligation to do so), after thirty (30) days notice to such Owner and Occupant, if other

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than the Owner, enter upon the Building Site and have the grass, weeds or other vegetation cut or trimmed when, and as often as, the same is necessary in its judgment, and may have dead trees, scrubs and/or other plants and trash removed there from. The Owner and/or Occupant, or both, shall be liable to the Authority for the cost of any such cutting, clearing, maintenance or removal determined by the Authority or its designated committee, to be necessary, and the liability for amounts expended for such cutting, clearing, maintenance shall be a permanent charge and lien upon such Building Site, enforceable by the Authority through any appropriate proceeding at law or in equity.

SECTION 8.02 IMPROVEMENTS All improvements to a Building Site (whether occupied or vacant), including without limitation all exterior building(s), walls, walkway(s), fence(s), screen(s), driveway(s), parking area(s), sign(s), shall be cared for and properly maintained. Upon the failure of any Owner or Occupant to perform any necessary repairs and/or maintenance to Improvements on a Building Site (whether occupied or vacant), or to keep said Improvements in a neat and attractive condition and in good state of repair, the Authority or its designated committee, or the authorized agents, employees or representatives of the Authority or its designated committee, may (but without obligation to do so), after sixty (60) days' notice to the Owner and to the Occupant, if other than the Owner, enter upon such Building Site and perform the necessary repairs or maintenance when, and as often as, the same is necessary in its judgment. The Owner of the Building Site and when occupied by the Occupant other than the Owner, the Occupant, shall be personally liable to the Authority for the cost of such repair(s) and/or maintenance determined by the Authority, or its designated committee, to be necessary, and the liability for amounts expended for such repair(s) and/or maintenance shall be a permanent charge and lien upon such Building Site, enforceable by the Authority by any appropriate proceeding a law or in equity.

ARTICLE 9:

INSPECTIONS AND VIOLATIONS

SECTION 9.01 INSPECTIONS Each Owner and each Occupant hereby irrevocably grants to the Authority, and to its authorized agents, and representatives, and employees the right to go upon and enter the Building Site and/or Improvements owned by the Owner, and when applicable, occupied by an Occupant, for the limited purpose of inspection to determine compliance, or lack thereof, with these Covenants and Restrictions or other provisions of this Declaration and with the Development Guidelines. SECTION 9.02 VIOLATION AND ENFORCEMENT Subject to the provisions of Sections 8.01 and 8.02, violation of these Covenants and Restrictions or other provisions of this Declaration or of the Development Guidelines shall

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be corrected by the Owner/Occupant within a reasonable time not to exceed thirty (30) days after written notice of any such violation. Upon the failure of the Owner and, where a Building Site is occupied by other than the Owner, the Occupant, to correct any such violation within said period of time, the Authority may, but shall be under no obligation to, correct any such violation, the cost or expense of any action taken by the Authority to correct any such violation shall constitute a personal liability by the Owner/Occupant and shall be a permanent charge or lien upon the Building Site, enforceable by the Authority by any appropriate proceeding at law or in equity.

ARTICLE 10:

GENERAL PROVISIONS

SECTION 10.01 DURATION The Covenants and Restrictions of this Declaration shall run with and bind the land, shall remain in effect, and shall inure to the benefit of and be enforceable by the Authority, and any Owner and/or Occupant of a Building Site in the Park or of such other properties, if any, as are hereafter made subject to this Declaration, for a period of twenty (20) years from the date hereof. Said Covenants and Restrictions may be renewed and extended, in whole or in part, beyond said period for successive periods not to exceed ten (10) years each if an agreement for renewal and extension is signed by Authority, if it is the owner of any real property then subject to this Declaration, and by the Owners of at least two-thirds (2/3) of the square feet of land area in the Park, exclusive of streets and other public ways. No such agreement of renewal and extension shall be effective unless filed of record in the office of the Clerk of the Superior Court of Muscogee County, Georgia, or other appropriate office, at least one hundred eighty (180) days prior to the expiration date of this Declaration, as same may be renewed and extended in accordance with the terms hereof. Every purchaser or grantee of any interest in any property now or hereafter made subject to this Declaration by acceptance of a deed or other conveyance therefore, thereby agrees that the Covenants and Restrictions of this Declaration may be extended and renewed as provided in this Section. SECTION 10.02 ASSOCIATION OF OWNERS AND OCCUPANTS (a) Muscogee Technology Park Association, Inc. (the “Association”) has been incorporated as a nonprofit membership corporation under the Georgia Nonprofit Corporation Code. The organization of the Association has been duly effectuated, including election of an initial Board of Directors and the election of officers. No limitations or restrictions on the powers of the Association or its Board of Directors are set forth in this Declaration.

(b) Every Owner of fee simple title to a Building Site in the Park shall be required to be a member of the Association upon acceptance of a deed to a Building Site. Each Owner

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shall continue as a member of the Association except for any period during which a Building Site is not occupied by the Owner, during which time the Occupant shall be required to be the Member of the Association with respect to that Building Site.

SECTION 10.03 ENFORCEMENT The failure of the Authority, or of any Owner or Occupant to enforce any portion of these Covenants and Restrictions or other provisions of this Declaration or the Development Guidelines shall in no event be deemed to be a waiver of this right to do so or of the right to enforce any other provision or provisions of these Covenants and Restrictions and/or the Development Guidelines. SECTION 10.04 WAIVER

Each Owner by acceptance of a deed to any property covered by the Declaration and each Occupant by accepting the benefit of that portion of the Park occupied, expressly waives and renounces any claims, actions, or causes of action that it might acquire against the Authority, the individual members of the Authority, or their respective employees, agents or representatives and arising out of the enforcement or attempted enforcement of these Covenants and Restrictions or arising out of a failure to enforce or attempt to enforce these Covenants and Restrictions or arising out of the Authority's consideration and approval or rejection of any plans and specifications for Improvement(s) to a Building Site.

SECTION 10.05 ATTORNEY'S FEES

In any legal action or equitable proceeding for enforcement of the Covenants and Restrictions or other provisions of this Declaration or of the Development Guidelines the losing party shall pay the reasonable expenses, including reasonable attorney's fees, of the prevailing party. SECTION 10.06 SEVERABILITY Whenever possible, each provision of this Declaration shall be interpreted and construed in such manner as to be effective and valid, but if any provision of this Declaration or the application thereof to any person or entity or to any property shall be determined to the prohibited or for any reason to be invalid, such prohibition or invalidity shall not affect any other provision of the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable. SECTION 10.07 APPLICABLE LAW

This Declaration shall be interpreted, construed, and enforced in accordance with the laws of the State of Georgia.

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IN WITNESS WHEREOF, the Authority has caused this Declaration to be executed by its duly authorized officers and its seal affixed this ______day of ______________, 2003. DEVELOPMENT AUTHORITY OF

COLUMBUS, GEORGIA BY: _____________________________ Chairman ATTEST: _________________________ Secretary

(Seal)

Signed, sealed and delivered, in the presence of: ___________________________ Unofficial Witness ____________________________ Notary Public, Muscogee County, Georgia My Commission expires: ____________________ (Notary Seal)

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SECTION B

DEVELOPMENT GUIDELINES DESIGN REVIEW AND APPROVAL PROCESS In order to ensure the orderly marketing and development of the Property, the Authority shall act promptly on any request for its approval. All building construction and site improvements must be reviewed and approved by the Authority before any on-site construction commences. Prior to the Authority taking action, plans must be reviewed by staff, which takes approximately ten (10) days. Final action on the application will take place in no more than thirty (30) days from the date of application. For a typical building project, five copies of the "Required Information" (see following section) must be submitted for a complete staff review and recommendation to the Authority. One copy will remain on file with the Authority and a copy will be returned to the Applicant with comments. Communication with the Authority shall be directed to the Secretary of the Authority. Prior to preparing a submittal, the Applicant or designated agent should arrange to meet with the Authority to receive a copy of the Muscogee Technology Park Covenants, Conditions, Restrictions, and Development Guidelines. In addition, the Applicant must obtain copies of applicable Columbus Consolidated Government Ordinances and Codes from the City. The Applicant starts the formal review process with submission of the following required information. If a variance is requested, it should be specifically stated in the submittal with full documentation of the reason for the request. REQUIRED INFORMATION (Preliminary)

Each Applicant will be required to submit three sets of preliminary architectural and site plans for review by the Authority. These drawings shall include the following information:

A. A topographic survey of the parcel prepared by a licensed surveyor or professional engineer, which should include the following data:

• Property boundaries, including relationships to adjacent lands and

access roads. • Topography, shown at one foot contour intervals. • Locations of any existing utilities, easements or other improvements

on the site. • Description of general site drainage characteristics and conformity

with the drainage master plan. • Location and description of any noteworthy natural features.

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• Description of existing site vegetation characteristics to include identification of every tree with a diameter of six inches [6”0 or more at a height of three feet (3’) above grade] which is in conformance with Columbus Consolidated Government tree ordinance standards.

• Location of preservation areas, buffers, restrictive covenants, and enhancement areas.

B. Dimensioned building plans, sections and elevations, with representations

of exterior materials, textures, colors and other details necessary to clearly depict the finished building and its site.

C. Samples or description of proposed exterior materials.

D. Site plans shall show grading, storm drainage, layout of all roads, walls and

paved areas.

E. Detailed methodology for protecting any existing trees or environmentally sensitive areas during the construction process.

F. Location of preservation and enhancement areas on the site plan, and plan

indicating what actions will be taken to assure that any enhancement areas which are impacted during construction be restored to their natural state.

REQUIRED INFORMATION (Final)

A. Project Data: 1. Name of Owner, Developer and/or Builder (as applicable) 2. Name of Project 3. Proposed use 4. Development Schedule 5. Name, address and telephone number of person who will maintain

communication with the Authority staff. This should be a person who will have long-term responsibility for the project.

B. Site Plan(s) with Location and Extent of: 1. Required setbacks for buildings and parking areas 2. Total site area 3. Total building area 4. FAR (Floor-to-lot) area ratio 5. Location and block number 6. Buildings, storage, loading and trash areas 7. Parking areas with total spaces provided 8. Driveways and sidewalks 9. Site lighting (by type) 10. Landscaped areas indicating location of trees, shrub and lawn areas

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11. Indicate areas to be irrigated 12. Grading and drainage 13. Size and location of each sign and related lighting 14. Sign message including logos and layout

NOTE: The site plan(s) must show development of the entire property including future phases.

C. Architectural Plans Illustrating: 1. Building elevations 2. Ground floor plans with finished floor elevations 3. Building materials and colors 4. Typical wall section 5. A complete set of mechanical and electrical drawings is not required, but architectural screening of mechanical equipment must be illustrated.

D. Architect’s Certification: Applicant must furnish the Authority with a certification from the architect for the project that certifies to the Authority that the plans and specifications for the project comply with the Declaration and these Development Guidelines.

The following Development Guidelines represent the standards which will be applied by the Authority in reviewing proposed construction. A. ARCHITECTURAL DESIGN

The purpose of the Architectural Guidelines is to produce orderly and aesthetically pleasing buildings consistent with the theme of the Park and consistent with the intended use of the buildings. It is the intent of the Guidelines to encourage innovative architectural design in scale and unified in design with the adjacent structures.

1. Building design and construction shall be used to create a structure with equally

attractive sides and quality, rather than placing all emphasis on the front elevation of the structure and neglecting or downgrading the aesthetic appeal of the side and back elevations of the structure. Any accessory buildings and enclosures, whether attached to or detached from the main building, shall be of similar, compatible design and materials.

2. Exterior materials: Exterior materials shall conform to and be in harmony with the

external design of adjacent structures and the overall design of improvements described throughout these guidelines. The exterior materials, including type, color, texture and durability and the extent of use of any single material or combination of materials shall be reviewed by the Authority. Interested parties are encouraged to contact the Authority early in the architectural design stages of their project to further discuss or propose appropriate exterior materials. The use of masonry for exterior materials is encouraged. The use of the following exterior materials is unacceptable: prefabricated metal buildings; weeping mortar joints;

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walls of full metal or steel panels; unnatural brick tones; and silver finish aluminum doors and windows. Exposed standard concrete block will be permitted only on a potential future expansion wall which does not directly face an adjoining Building Site property or which is visible from a public street. If used, these walls must be painted a muted earth tone which is harmonious and compatible with the colors used elsewhere on the building. Final selection of exterior materials shall be approved in writing by Authority.

3. Rooftop mechanical equipment, vents and duct hall be screened or covered and

installed in a manner so as not to be seen from ground level.

4. Rooftop radio, TV and microwave antennas and towers and prohibited unless screened or covered in a manner approved by the Authority.

5. The roof surface materials, texture and reflectivity shall be reviewed considering their effects on the views of other Building Sites and structures. B. SETBACKS/AREAS AND YARD REQUIREMENTS

The purpose of the setback requirements is to establish a coordinated streetscape image; provide sufficient space between buildings to ensure adequate light and privacy and to provide sufficient space between roads, buildings, and parking to ensure privacy and sound control. 1. Setbacks for buildings and parking lots from adjacent street rights-of-way shall be

as follows:

Street Frontage Building Setback Parking Setback Perimeter Roads 75’ 40’ Major Connector 75’ 40’ Cul de Sac 75’ 40’

2. Setbacks for buildings and parking lots from adjacent property lines other than

along street frontages shall be a minimum of 50' for side and rear yards. 3. Setbacks for driveways from adjacent property lines, other than long street

frontages shall be a minimum of 20 feet. 4. No more than fifty (50) percent of the lot area may be covered by buildings including

accessory buildings. 5. Building, parking lot and roadway paving coverage shall be limited to provide a

minimum of twenty-five (25) percent open space on all properties. Unobstructed open space may include any pedestrian pavements (sidewalks and plazas) passing through open space areas and any parking lot island larger than five hundred (500) square feet in size.

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6. All setback areas shall be planted in accordance with the Landscape Guidelines in this document. C. SITE GRADING

The purpose of the site grading guidelines is to unify the grading of the Park in terms of earth form, preservation of topographic features, detention of storm water and compatibility of relationships between buildings, parking, road and adjacent properties. All site grading, therefore, shall conform to the following requirements: 1. Where retaining walls are required, they shall be of a material compatible with the

building architecture. 2. Lot grading will be done in such a way as to preserve the topographic features and to

provide positive drainage. All site grading shall be designed to meet the following standards:

Minimum

Slope Maximum

Slope Planting areas 2% 3:1 Parking lot pavement 2% 4% Driveways; access drives 2% 6% Pedestrian Sidewalks 1 % 8%

D. VEHICULAR CIRCULATION AND PARKING

The purpose of the Vehicular Circulation and Parking Guidelines is to provide for safe and convenient movement of motor vehicles, to limit vehicular/pedestrian conflicts, to limit paved areas, to provide for screening of paved areas, and to soften the visual impact of parking lots by providing interior planting. The guidelines are as follows:

1. Parking is restricted to paved and designated parking spaces only. Each owner

and occupant shall be responsible for compliance by their respective employees and visitors.

2. All parking spaces must be designated by painted lines.

3. All parking lot and road pavement sections shall be designed to meet

Columbus Consolidated Government and Georgia DOT Standards. Concrete pads shall be provided at all loading and servicing bays.

4. Number of Parking Stalls:

All parking facilities on each site shall be sufficient to serve the business conducted without using adjacent streets or parking lots. Applicants must justify

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number of paving spaces based on their expected work force and operational plans. Handicapped spaces must be provided per ADA and local ordinances.

5. Parking should not interfere with adequate vehicular and pedestrian access to all

building points and delivery areas. 6. Visitor drop-off zones and parking shall be provided near visitor entrances.

7. It is encouraged that all-day employee parking shall be separated from visitor and

front entrance traffic.

8. Parking will not be permitted on any street or in setback areas.

9. The control of views into parking areas should be carefully considered. Where there is sufficient space between the road and parking lot, the primary control of views of parking areas is to be with berms and secondarily with planting. Roadway edges should be slightly bermed 18" to 36" to provide low visual screening into parking areas.

10. All sidewalks shall have an unobstructed width of at least five feet (5'), with a

minimum width of eight feet (8') where attached to a curb. E. LOADING. SERVICE AND STORAGE AREAS The purpose of the loading, service, and storage area guidelines is to provide for the design of loading, service and storage areas in a functional and aesthetically pleasing manner. The guidelines are as follows: 1. No loading or servicing areas shall be visible from public streets or building entries.

2. Loading and servicing areas shall be designed as an integral part of the building

architecture. 3. Loading and servicing areas shall be designed so that the entire loading or

servicing operation is conducted within the confines of the site setbacks. 4. No articles, goods, materials, machinery, equipment, vehicles, plants, animals, or

similar items shall be stored or kept in the opens, or exposed to view from adjacent properties, parking areas, public streets or pedestrian walkways. Trash receptacles must be completely visually screened by an enclosure approved by the Authority.

5. No vehicles, including tractor-trailers, will be parked in the open, except for the

purpose of loading or unloading at points designated for that purpose. 6. Unfinished chain link fencing is not allowed in areas visible from adjacent

properties, parking areas, public streets, and pedestrian walkways.

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7. Objects such as water towers, storage tanks, processing equipment, cooling towers, communication towers, vents and any other structures or equipment shall be compatible with the building architecture or screened from adjacent properties, parking areas, public streets and pedestrian walkways by using fences and/or walls and shall be approved, in writing, by the Authority before construction or erection of said structures or equipment.

F. LANDSCAPING The Landscaping Guidelines recognize that landscaping is of primary importance to the establishment of the design character of the Park. The recommended guidelines are intended to promote the establishment of compatible and continuous landscape development to enhance and unify the community. More specifically, the guidelines are intended to provide for a neat and well-maintained appearance in areas not covered by buildings or parking; to enhance and preserve the existing site character; to minimize the adverse visual and environmental impacts of large paved areas and to promote the conservation of water.

1. Parking Lot Planting

All parking lots and street tree planting area shall be landscaped in accordance with the Columbus Consolidated Government tree ordinance.

2. Open Space Planting

a. All open areas not paved or built upon shall be planted with landscape materials. Shrub and ground cover shall be used judiciously and carefully. Use of water conserving plantings such as native and drought tolerant trees, shrubs and ground cover is encouraged.

b. The minimum amount of tree planting for each lot shall be as required by the

Columbus Consolidated Government tree ordinance. 3. Undeveloped Areas

a. Undeveloped areas, held in reserve for future building or pavement development, need not be fully landscaped.

b. These areas, however, shall as a minimum, be seeded with a drought resistant

turf mix to hold down weed growth and to minimize wind and water erosion. c. The use of temporary, on-grade irrigation systems is encouraged in undeveloped

areas.

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3. Tree and shrub Species: The following is a listing of recommended tree species for use in the Park. This list includes trees that are readily available in the required size range and that will grow well given proper planting and maintenance practices.

SCIENTIFIC NAME COMMON NAME a. Shade Trees Acer rubrum Red Male Liriodendron tulipifera Tulip Polar Quercus alba White Oak Quercus coccinea Scarlet Oak Quercus palustris Pin Oak Quercus phellos Willow Oak b. Flowering/Accent/Small Ornamental Trees

Acer palmatum Japanese Maple Betula nigra River Birch Cercis canadensis Redbud Corpus florida Dogwood Lagerstroemia indica Crape Myrtle c. Evergreen Trees Ilex aquifolium x I cornuta

'Nellie R. Stevens' Nellie R. Stevens Holly

Ilex vomitoria Yau on Holly Magnolia grandiflora Southern Magnolia Pinus palustris Longleaf Pine Pinus taeda Lobloll Pine Pinus virginia Virginia Pine d. Evergreen Shrubs Ilex cornuta 'Burford' Burford Holly Myrica cerifera Southern Wax-myrtle Osmanthus fragrans Fragrant Osmanthus Photinia fraseri Frasier Photinia Ilex comuta 'Rotunda' Chinese Holly Ilex vomitoria 'Nana' Dwarf Yaupon Holly Abelia grandiflora Glossy Abelia _ Ilex cornuta Burfordi 'Nana' Dwarf Burford Holly Nandina domestica Nandina Juninperas conferta Shore Juniper

Juniperus horizontalis 'Plumosa'

Andorra Juniper

e. Decidious Shrubs Calicanthus floridus Sweet Shrub Euonymus alatus Winged Euonymus Forsythia intermedia Forsythia Spirea prunifolia Bridal wreath Spirea

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6. Turf Grass

It is recommended that all lawn areas, especially those that are visible from roads and buildings be irrigated. The use of irrigation will increase the health and appearance of the lawn areas and give the Park a uniform, coordinated, free flowing appearance. Lawn areas may be seeded or sodded.

a. The following turf seed is recommended for all open sunny flat lawn areas:

Grass Seed Common Name Lbs/Acre % Purity % Germination

Common Bermuda Grass 220 98 85

b. The following seed mixture is recommended for drainage ways, floodplain area

and retention ponds in order to naturalize the areas.

Grass Seed Mixture Lbs/Acre

Spring: Common Bermuda Grass 60

Fall:

K-31 Tall Fescue 320 c. The following seed mixture is recommended for erosion control on slopes up to 3:1:

Grass Seed Lbs/Acre % Purity % Germination

Love Grass 12 98 85

d. It is required that all seeded areas be mulched after seeding, particularly in sloped areas, to prevent wind and water erosion.

7. Irrigation Systems

a. All irrigation systems are to be below ground, fully automated systems in compliance with all applicable building code requirements.

b. All backflow control devices are to be located or screened so that they are not

visible from public streets or parking lots. All parking areas, driveways, and walkways are to be "trimmed" to minimize spray onto pavements.

G. SITE LIGHTING The purpose of the site lighting guidelines is to provide for future dark sky legislation, a safe, functional, visually attractive and coordinated site lighting system that also helps prevent light pollution. The site lighting requirements are as follows:

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1. Lights shall be placed or configured to avoid glare and excessive light spillage into neighboring sites.

2. All parking lot and driveway lighting should provide uniform illumination in

compliance with the following minimum levels:

a. Parking lots: 1.0 foot candle b. Driveways: 0.5 foot candle

3. All light fixtures are to be concealed source fixtures except for pedestrian oriented

accent lights. 4. Lights attached to or directed at building entrances shall be small and unobtrusive.

Where a larger degree of lighting is required, such as at warehouse loading docks, the fixtures should be concealed beneath an overhanging fascia or other elements of the structure. Using direct flood fixtures that do not violate dark sky regulation can also be used from the outer edge of parking aimed back to the building.

5. Exterior lighting fixture types are to be as follows:

a. Parking lot and driveway fixtures: cut-off type, high pressure sodium or metal halide rectilinear style, aluminum extrusion luminaries, thirty-five foot (35') mounting height. Single, double, triple or quad luminaries configuration on square pole. Luminaries and pole shall have dark bronze anodized finish.

b. All outside building lighting may be either high pressure sodium or metal halide. c. Accent and pedestrian lighting shall be provided at such key locations as building entry signs, driveway entries and walkways. H. SITE UTILITIES

The purpose of the site utilities guidelines is to promote the coordinated development of utilities in the Park to minimize utility costs and adverse visual impacts caused by utility structures and appurtenances. The guidelines are as follows:

1. Provide utility easements as required.

2. All permanent utility lines shall be underground.

3. No cesspool, septic tank or sewage disposal plant shall be erected or

maintained upon any part of the Park.

4. Group transformers with utility meters wherever possible. Screen in a manner approved by the Authority.

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5. Utility appurtenances including telephone pedestals, utility meters, irrigation system backflow preventers, transformers, etc. are not to be visible from adjacent properties, parking areas, public streets and pedestrian walkways. Screen in a manner approved by the Authority.

6. Tie into sanitary and storm sewer stub outs as provided, to avoid disturbance

to existing pavements.

7. Tie into water main stub-outs where possible.

8. Where cuts in existing streets are made for utility work, all cutting, backfilling and paving shall be done in strict accordance with the Columbus Consolidated Government specifications and procedures.

I. SITE SIGNAGE The purpose of the signage guidelines is to establish a coordinated graphic system that provides for business identification and information communication in a distinctive and aesthetically pleasing manner. Effective site signage functions not as a separate entity but as an integral part of its environment. This graphic system is a major factor in creating and preserving the design character of the Park. Size and placement of all signage shall be considered an integral part of site development. The signage guidelines apply to three separate categories of signage as follows: 1. Identification Signage:

This applies to signs used for identification of the project and building sites. The basic form is designated to harmonize with the natural environment and the variety of architectural styles within the Park. A ground oriented standard design is suggested for all identification signage. It is envisioned that the project identification sign may be constructed of cut stone with recessed letters and logo. The building identification signs may be constructed of cut stone, dark bronze anodized aluminum or laminated wood on a cast concrete base.

The address line must appear on all identification signs in the standard location. In the case of multiple tenants, all may be identified on the same sign, up to a maximum of four tenants. Where there are more than four tenants, the building should be identified with a name and the tenants listed on a directory inside the building. All identification signs shall be up light externally.

The identification signage system allows for a variety of sizes to meet differing owner/tenant identity needs, and to be compatible with sites and buildings of various sizes. No sign shall exceed forty-eight (48) square feet per face. It is the intention of the guidelines that sign sizes be in aesthetic balance with site and building sizes.

Identification signs shall be placed perpendicular to approaching vehicular traffic. There are two basic rules for placement:

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a. The identification sign shall be located no closer than ten (10) feet to any property line.

b. The sign must be placed so it does not obscure any other identification,

information or vehicular control signs. Generally, one identification sign is sufficient. More than one may be used where a site has more than one vehicular entrance on different sides of the building, or when the nature of the site and adjacent roadways require more than on sign for proper identification.

2. Information Signage

The second category includes signage which gives the visitor decision-making information once they have entered a building site, e.g. visitor parking, loading, storage, etc.

A ground oriented standard design is suggested for all information signage. It is envisioned that all information signage be constructed of dark bronze anodized aluminum or laminated wood on a concrete base. All information signage shall be up lighted externally. The use of white reflective material for type and arrows is recommended. The standard size for information signage is 3' X 2'.

Positioning of information signage is critical to its effectiveness. Each site requires careful analysis of vehicular and pedestrian traffic. Decision points must be identified and proper information and vehicular control signage provided. If signage must communicate to vehicular traffic, it shall be placed so that it is visible and legible to approaching vehicles according to speeds at the following distances:

SPEED DISTANCE

20 100 feet 25 175 feet 30 250 feet

Information signage shall be placed no closer than six (6) feet to the curb of a road or drive.

All information signage shall be perpendicular to approaching traffic. It shall be positioned so that there is clear line-of-sight well before the point at which direction must be changed or action taken. Information signage shall be positioned to avoid confusing backgrounds, particularly when directed to vehicular traffic.

3. Vehicular Control Signage:

The third category of signage is vehicular control signage. This group of signs is designed to control movement of traffic within the Park. All vehicular control signage shall be of standard design in conformance with Georgia DOT specifications.

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All control signage shall be carefully sited to provide adequate sight lines for cars, buses and trucks. The use of reflective material for the symbol field and typography is required.

J. MAINTENANCE The purpose of the maintenance guidelines is to define minimum maintenance standards to promote a uniform, neat and clean appearance throughout the Park. Maintenance requirements are as follows: 1. Structure Maintenance

a. All owners or occupants of property shall maintain all buildings, drives, parking

lots, or other structures located upon said property in good and sufficient repair and shall keep such premises painted, windows glazed, paving swept and otherwise maintain the property in an aesthetically pleasing manner.

b. Any structure, driveway or parking lot surface which is damaged by the elements,

vehicles, fire or any other cause shall be repaired as promptly as the extent of damage will permit.

c. Buildings which should happen to be vacant for any reason, shall be kept locked

and the windows shall be glazed in order to prevent entrance by vandals. 2. Ground Maintenance: Grounds shall be maintained in a safe, clean and neat condition free of rubbish and

weeds. Roads and pavements shall be kept true to line and grade in good repair. Drainage ditches shall be kept clean and free of any obstacles.

3. Landscape Maintenance:

All plantings shall be maintained in healthy growing condition. Fertilization, cultivation, mowing and pruning are to be carried out on a regular basis.

4. Tree Maintenance:

a. Pruning: The purpose of pruning trees is to improve their health, vigor and appearance.

Because of the major effort of work involved in pruning trees, and the severe problems that can arise from improper pruning, it is important that a pruning program be supervised by a qualified person with a staff of trained personnel.

In general, a tree pruning program involves the removal of dead, diseased and damaged wood; the removal of undesirable growth such as suckers and watershoots; the removal of growth which detracts from or is damaging to the basic framework of the tree, including branches that interfere with the growth of more desirable branches; thinning out of the crown to allow light to reach inner branches; and the removal of or adequate treatment of weak crotch development.

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Appropriate pruning of trees encourages a strong structural framework and guides the growth of trees in a natural manner. In general, tree pruning should occur after the growing season from late October through January. Flowering ornamental trees should be pruned immediately after flowering.

b. Fertilization

All new trees can be maintained in a satisfactory manner for the first six months after installation with only modest quantities of nitrogen applied. Any source of nitrogen is satisfactory at a recommended rate of one pound actual nitrogen per one thousand square feet of area. The application area is the square footage within the tree drip line. The frequency of application will depend on the condition of the individual tree.

After this initial period and during the first full growing season after plant installation, a standard fertilization program should be established for all new trees, as well as for existing trees of superior ornamental value and those trees of desirable specimen value whose condition warrants it. Judgment must be practiced in application rates and frequency. Rate of plant growth and degree of green desired are determining factors. Positive plant response will determine if further applications should be increased or decreased.

c. Other Tree Maintenance

1. Spraying, if necessary, to combat specific pests and diseases 2. Aeration and mulching of the soil, especially on new trees 3. Adjust tree guys, stakes, etc. on a regular basis to maintain neat appearance and to prevent damage to tree roots.

d. Street trees in Columbus Consolidated Government right-of-way shall be maintained in the same manner as specified above.

5. Shrub Maintenance

a. Pruning

A pruning program for shrubs should be developed to encourage better flowering and fruiting; to remove dead, diseased and damaged wood; for the removal of undesirable growth such as suckers; for plant renewal to rejuvenate older shrubs; and to improve the overall appearance of the plant. An effective pruning program will cause plants to grow into a healthy, attractive feature of the landscape.

In the case of shrubs, the method of pruning will vary with the species of plant and the landscape situation in which it is grown.

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A plant that is part of a mass should be allowed to mature and grow together before pruning. Then, the massed shape can be maintained by removing shoots, suckers and dead wood.

Plants that are part of a hedge should be pruned to maintain plant shape and to encourage dense foliage by removing suckers and unproductive wood growth.

All shrubs should be selected for minimum maintenance and should be pruned only to remove dead wood or occasional aberrant growth.

b. Fertilization

The first application of fertilizer should occur in early spring after all danger of frost has passed. A palletized fertilizer of the proportion of 3-1-2 should be applied at a rate to supply one pound of actual nitrogen per one thousand square feet of area. Always apply in a uniform manner. On sloped banks, a light cultivation would assist in penetration and reduce the chance of runoff. Water in thoroughly allowing no fertilizer to remain on plant foliage. This application should be repeated in June.

c. Other Shrub Maintenance

Weeding and mulching of all beds on a regular basis, as needed.

Spraying, if necessary, to combat specific pests and diseases.

6. Turf Maintenance

a. Mowing

Lawns shall be kept in a mowed condition.

Lawns should be mowed approximately once a week in the summer; water a day or two before cutting to reduce heat damage to the cut blades. The recommended cutting height is 2 to 2 ½ inches. Ideally, the grass should be cut so that only a quarter to a third of the total grass height is removed at one time.

b. Fertilization

The usual Bermuda lawn needs from 5 to 10 pounds of readily available nitrogen per one thousand square feet of area per year. These amounts are usually divided into two applications; the first feeding in September and the second in May.

A soil test should be conducted each year to determine acidity or alkalinity. This test will determine the quantity of lime needed to correct soil acidity.

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c. Dethatching

Thatch is the dense layer of undecomposed organic material, mostly grass clippings, that can build up on a vigorous lawn. If this layer of thatch becomes thicker than 3/4 inch, it can act to prevent the free flow of air, water and nutrients to the soil. The signs of excessive thatch are dry and dead patches of grass and an unusual spring underfoot. If these signs should occur, the excessive thatch should be removed with a rake or a dethatching machine. Dethatching should be done very early in the spring, after the last frost, but before aeration and fertilization.

7. Dead Plants

Dead or dying plants shall be removed and replaced as quickly as possible (30 days maximum except where seasonal conditions prohibit.)

8. Irrigation Maintenance

All plantings are to be irrigated as often as necessary to maintain healthy growing conditions. Irrigation systems are to be adjusted, repaired and cleaned on a regular basis.

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APPENDIX A- DEFINITIONS As used in the Development Guidelines, the following terms shall have the meaning given in this section unless a different meaning is clearly required by the context. 1. Applicant

Any person or organization who or which has made or intends to make submittal to the Authority for its review and comment or official review and approval/denial of submittal.

2. Authority Review Committee

A special committee as established under the provisions of the Development Guidelines for the purpose of reviewing and approving or denying proposals for land and building improvements within the Park.

3. Area, Gross Floor

The sum of the gross horizontal areas of the several floors of buildings or portions thereof, including the basement, if any, as measured from the interior faces of the exterior walls of such buildings.

4. Building

Any structure intended for shelter, including all projections or extensions, garages, outside platforms and docks, carports, canopies, enclosed malls and porches.

5. Driveways

Vehicular pavement on private property used for access to parking lots, building entries, loading and servicing areas.

6. Improvements

"Improvements" shall mean any and all Building Site development(s), betterment(s), modification(s), or construction, including, but not limited to, buildings, structures, walks, towers, tanks, patios, driveways, signs, docks, walls, fences, screens, parking areas, drainage conduit, excavations and grading. Routine maintenance is not an improvement.

7. Landscaping

A space of ground covered with lawn, ground cover, shrubbery or trees and the like which may be complimented with earth berms, walls, fences or similar materials all harmoniously combined with themselves and with other improvements.

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8. Occupant

“Occupant” shall mean an entity which may or may not also be an Owner and may be either an individual, corporation, joint venture, partnership, limited liability company or association which has purchased, leased, rented or otherwise occupies and/or uses any Building Site or has the right, whether or not exercised, to occupy and/or use any Building Site, or portion thereof.

9. Open Space

Any portion of a privately owned property which is not covered by a building, parking lot, driveways, loading dock or other vehicular pavements. Such open space area must be landscaped according to the Development Guidelines in order to be counted in fulfillment of the open space requirements.

10. Public Street

Any dedicated right-of-way within the property and shown on any recorded subdivision plan whether designated thereon as street, boulevard, place, drive, road, terrace or way.

11. Screen

Shall mean the use of wall, fences, or plant material as called for in the Development Guidelines; used in such a way as to minimize the visual exposure of the object or objects being screened. Screening, as defined herein, shall have been accomplished satisfactorily if no more than ten percent (10%) of the object being screened is visible from any point beyond the screen.

12. Setback, Building

The distance between the property line of a tract and any point on the exterior face of a building. Setbacks from streets shall be measured from the street right-of-way line with the minimum setback extending continuously from side lot line to side lot line.

13. Setback, Parking

The distance between the property line of a tract and the back of the curb line of an area for the parking of vehicles.

14. Structure

Shall mean and refer to any thing or device the placement of which upon any tract might affect the physical appearance thereof, including, by way of illustration and not limitation, buildings, sheds, covered patios, fountains, swimming or wading pools, fences, walks, signs and trash enclosures.