This Chapter shall be known and may be cited as the "Thornbury Township Subdivision and Land Development Ordinance of 2000."

(Ord. 2-2000, 4/5/2000, §11)

Its purposes are to ensure that:

A. The Township will grow in an orderly and efficient way.

B. No new development or subdivision will endanger health, or create danger of fire, flood, erosion, excessive noise or smoke, or other menace.

C. Every new development will provide proper drainage, water supply, sewage-disposal and other appropriate utility services.

D. New streets, parks, highways and land use are coordinated with current streets, parks, highways and land use.

E. New streets are properly located, wide enough and level enough to safely, conveniently and efficiently accommodate current and projected vehicular traffic.

F. Building lots, blocks and streets are arranged to afford adequate light, view and air and to facilitate fire protection.

G. Land is developed with due regard to topographic and geologic conditions, so that its natural beauty and the beauty of its vegetation are protected and enhanced.

H. Every new development includes adequate open space for recreation, light and air, and adequate sites for schools, parks, playgrounds and other community services.

I. Schools, recreational facilities and other community services are so located that all Township residents can reach them easily.

J. All subdivision and land development plans are handled fairly, objectively and impartially.

K. An efficient plan for conservation of water resources be developed by the preparation, presentation and updating of a municipality water survey.

L. An efficient plan of utilization of renewable energy sources be developed by preparation and presentation of a feasibility plan.

M. Proposed major residential subdivisions and developments exceeding 15 acres and all non residential developments or land development wherein applicant elects to provide outdoor lighting within the Township is required to provide outdoor subdued lighting, do so in a safe, adequate, and appropriate manner consistent with the character of the Township. [Ord. 5-2002]

(Ord. 2-2000, 4/5/2000, §12; as amended by Ord. 5-2002, 7/10/2002, §1)

From and after the effective date of this Chapter, every subdivision and land development will conform to it and to all standards and specifications adopted as part of it:

A. No lot, tract or parcel of land will be subdivided and no development rights shall be conveyed and no land will be developed and no street, alley, sanitary sewer, storm sewer, water main or concomitant facility will be laid out, constructed, opened or dedicated for public use or travel, or for the use of occupants of buildings abutting or to abut on them except according to the provisions of this Chapter and the Zoning Ordinance [Chapter 27].

(Ord. 2-2000, 4/5/2000, §13)

Every requirement stated in this Chapter will be regarded as the minimum required to promote and protect public health, welfare and safety. When this Chapter or any standard or specification adopted under it imposes different restrictions than does any other ordinance or regulation except as to regulation of development under the "Thornbury Township Planned Residential Development Ordinance of 1973," the more restrictive regulations will govern. All references in this Chapter to any Federal, State or local law, statute, code, publication, regulation, rule or ordinance shall be deemed to include all amendments and successor provisions thereto. Any reference contained in the Zoning Ordinance [Chapter 27] to specific Articles or Sections of this Chapter shall be deemed to be updated and shall be interpreted to correspond to any Article or Section renumbering resulting from the enactment of this Chapter.

(Ord. 2-2000, 4/5/2000, §14)

Unless expressly stated otherwise, the words and phrases defined in this Section will be construed throughout this Chapter as having the meanings indicated herein. The singular will always include the plural and the plural the singular. Any sentence in the past or present tense will be construed to apply also in the future tense. The words "person," "applicant," "subdivider" and "owner" will include any corporation, unincorporated association, partnership or other legal entity as well as any individual. The word "building" will include the word "structure." The word "watercourse" will include channel, creek, ditch, dry run, spring, stream and river. The words "shall" and "will" are always mandatory.

(Ord. 2-2000, 4/5/2000, §21; as amended by Ord. 2-2005, 7/6/2005)

1. In this Chapter, except where context clearly indicates otherwise, the following words and phrases have the meanings indicated:

ALLEY - a right-of-way providing secondary vehicular access to the side or rear of a lot or lots.

APPLICANT - any landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns, who has filed an application for subdivision of land or a land development plan.

APPLICATION FOR DEVELOPMENT - every application, whether preliminary or final, required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plan or for the approval of a development plan.

BLOCK - an area bounded by streets.

BUILDINGS - any manmade object having a roof supported by columns or enclosing walls or other support and used for the shelter, housing or enclosure of persons, animals or property. "Building" shall also include a structure.

BUILDING SETBACK LINE - the line within a property that defines the minimum required distance between any building to be erected and an adjacent right-of-way.

CARTWAY (ROADWAY) - that part of a street right-of-way, paved or unpaved, that is intended for vehicular use.

CLEAR-CUTTING - the felling of all trees on a tract of land or any portion thereof, at one time. [Ord. 1-2008]

CRITICAL AREA - an area especially subject to erosion, sedimentation or flooding, such as areas not covered with vegetation due to grading, cutting or filling, areas containing exposed subsoils or mixtures of soil horizons, and areas of excessively long slopes or steep grades.

CROSSWALK (INTERIOR WALK) - a right-of-way for pedestrians extending from a street into a block or across a block to another street.

CUL-DE-SAC - a street terminated at one end by a paved vehicular turnaround.

DBH (DBH) - the diameter of a tree at breast height, measured 4 1/2 feet from the ground surface at the point of highest elevation in contact with the trunk of such tree. This term shall be the same as the caliper of the tree at the same point. [Ord. 1-2008]

DESIGN STANDARDS - minimum standards for the layout by which a subdivision or development is developed.

DEVELOPER - any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

DRAINAGE - the flow of water or liquid waste and the method, natural or artificial, of directing such flow.

DRIP LINE - a generally circular line around a tree, the circumference of which is determined by the outer reaches of the tree's widest branch points. [Ord. 1-2008]

DWELLING UNIT - any structure or part of a structure designed to be occupied as a single housekeeping unit.

EASEMENT - a right-of-way granted, but not dedicated, to use private land for a specified public or quasi-public purpose, within which the owner shall erect no permanent structures but may use the land in any other way that is not inconsistent with the grantee's rights.

ENGINEER - licensed professional engineer registered by the Commonwealth of Pennsylvania.

EROSION - movement of soil by action of wind and/or water.

FOOTCANDLE - a unit of light quantity or density when the foot is the unit of measure. One footcandle equals one lumen per square foot of area. [Ord. 5-2002]

FORESTRY - the management of forest and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Timber or tree harvesting shall be considered the removal of more than four trees of 6 inches or greater DBH per acre from any lot of more than 3 acres for the purpose of allowing the natural regeneration or preservation of a woodland and undertaken in compliance with an approved timber harvesting plan. [Ord. 1-2008]

FULL CUTOFF - an industry recognized IESNA designation used by the lighting industry to describe a lighting fixture from which no light output is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity is emitted at an angle 10 degrees below that horizontal plane, at all lateral angles around the fixture. Implicit in the definition is a fixture that is aimed straight down and has a flat lens. [Ord. 5-2002]

GLARE - brightness in the field of view that is sufficiently greater than the amount of light to which the eye is adapted, to cause annoyance, discomfort or loss of visual performance and visibility. [Ord. 5-2002]

GLARE, DISABLING - brightness in the field of view that impairs visibility and creates a potential hazard to the health, safety, and welfare of the community. [Ord. 5-2002]

GLARE, NUISANCE - brightness in the field of view that creates an annoyance or aggravation but does not create a potentially hazardous situation. [Ord. 5-2002]

HEDGEROW - a linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak). For purposes of this Chapter, hedgerows are considered woodlands and regulated as such regardless of area or tree size. [Ord. 1-2008]

HERBACEOUS - plants that have no woody parts. Stems and branches remain green and soft and die down to the ground in winter. [Ord. 1-2008]

IMPROVEMENT SPECIFICATIONS - minimum standards for constructing required improvements, such as streets, curbs, sidewalks and sewers, and for preserving trees and tree masses.

LAND DEVELOPMENT -

(1) The improvement of one lot or two or more contiguous tracts or parcels of land for any purpose involving:

(a) A group of two or more residential or nonresidential buildings/structures, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or

(b) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other fixtures.

(c) A subdivision of land.

(d) Land development, as defined herein, shall exclude:

1) Conversion of an existing single-family detached dwelling or single family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.

2) The addition of accessory building as hereafter defined, including farm buildings, on a lot or lots subordinate to an existing principal building.

a) The first accessory building on a residential lot containing no more than 1,000 square feet of floor area.

b) All accessory buildings on a residential lot containing no more than 200 square feet of floor area.

c) Accessory buildings on a nonresidential lot containing no more than 1,000 square feet of floor space and containing no water supply and plumbing fixtures.

3) Additions to existing structures as hereafter defined.

a) Additions to existing principal residential building.

b) Additions to an existing nonresidential building containing no more than 1,000 square feet in floor area; provided, that addition is no more than 100% of the original building, whether proposed initially or cumulatively, and the addition is of the same use and/or serves the attached original building.

LANDOWNER - the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land, shall be deemed to be a landowner for the purposes of this Chapter.

LANDSCAPING - the planting of turf or other appropriate ground cover or the planting of deciduous and evergreen trees and shrubbery, other than for agricultural purposes, and including the maintenance and replacement thereof, for control of erosion, retention of precipitation, protection against elements or promotion ofhuman comfort and welfare. [Ord. 1-2008]

LOT AREA - the area shown on a plan as within the property lines of a lot, excluding space within all streets and rights-of-way, but including all other easements. The lot area shall not include any area required to be provided as buffer space or open space.

LUMEN - a unit used to express the light output of a lamp or fixture. The number of lumens striking a square foot of area determines the footcandle level (lumens per square foot). [Ord. 5-2002]

LUMINAIRE - complete lighting unit consisting of a lamp(s) together with the parts required to distribute the light, position, and protect the lamp and to connect the lamp to the power supply. Used synonymously with the term "fixture." [Ord. 5-2002]

MONUMENT - a stone or concrete marker with a flat top, at least 24 inches high (preferably 30 inches to 36 inches), at least 4 feet square or in diameter, containing a copper or brass dowel (plug). To minimize movement caused by frost, it should preferably be tapered so that its dimensions are at least 2 inches greater at the bottom than at the top.

NATURAL SUCCESSION - the process by which landscapes are transformed over time from open, seasonal cover to more permanent vegetation. In this area, the natural change is from open space to woodland. [Ord. 1-2008]

PLAN, COMPREHENSIVE - the Comprehensive Development Policy Plan (Master Plan) and/or Future Land Use Plan and/or Ultimate Right-of-Way Plan and/or Official Map or other such plan or plans, or parts of plans, as may be adopted, pursuant to statute, for areas of the Township in which subdivision may be located. Sometimes referred to as the Official Township Plan.

PLAN, CONSERVATION - a plan that, accompanying and forming part of a developer's preliminary and final plans, contains all the information required under Article 5 hereof. It details what the developer will do to protect stream channels, major trees and other important natural features, and to prevent erosion and control sedimentation.

PLAN, CONSTRUCTION IMPROVEMENT - a plan prepared by a registered engineer or surveyor showing construction details of streets, drains, sewers, bridges, culverts and other improvements as required by this Chapter.

PLAN, FINAL - a complete and exact subdivision or development plan or plat, prepared for official recording as required by statute, that provides all the information required under this Chapter.

PLAN PRE-APPLICATION - an informal sketch plan, not necessarily to exact scale, that shows the salient features of a tract and its surroundings and the general layout of a proposed subdivision or land development.

PLAN, PRELIMINARY - a tentative subdivision or development plan, less detailed than a final plan, that provides all the information required under this Chapter.

PLAN-RECORD - the copy of the final plan that contains the original endorsements of the County Planning Commission, the Township, developer, owner and applicant and is to be recorded with the County Recorder of Deeds.

PLANNING COMMISSION - the Thornbury Township Planning Commission.

PLAT - a map or plan, preliminary or final, of a subdivision or land development.

PUBLIC NOTICE - notice published once each week for two successive weeks in a newspaper ofgeneral circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be no more than 30 days and the second publication shall not be less than 7 days from the date of the hearing. [Ord. 2-2003]

REFORESTATION - the restocking of an area with forest trees including natural regeneration as well as tree planting. [Ord. 1-2008]

RESERVE STRIP - a parcel of ground in separate (perhaps public) ownership that separates a street from other adjacent properties or another street.

RE-SUBDIVISION - a re-platting or re-subdivision that changes lot lines only on an approved final plan or recorded plan as specified in Article 5 hereof. Any other re- platting will be considered a new subdivision.

REVERSE FRONTAGE LOT - a lot extending between and fronting on two generally parallel streets (excluding service streets or alleys), with vehicular access from one street only.

REVIEW - examination of a pre-application plan, preliminary plan and/or final plan by the Township Planning Commission and Board of Supervisors to determine whether it complies with this Chapter and the administrative regulations, design standards and improvement specifications enacted pursuant to it.

RIGHT-OF-WAY - the total width of any land reserved or dedicated as a street, alley or crosswalk or for any other public purpose.

ROADWAY - see "cartway."

SANITARY SEWAGE DISPOSAL, COMMUNITY - a sanitary sewage-disposal system, meeting all requirements of the Pennsylvania Department of Environmental Protection, in which sewage is carried by pipes from individual lots to a privately- owned treatment and disposal plant. It generally serves a single neighborhood.

SANITARY SEWAGE DISPOSAL, ONSITE - any structure or combination of structures designed to treat sanitary sewage within the boundaries of a single lot.

SANITARY SEWAGE DISPOSAL, PUBLIC - a sanitary sewage disposal system, meeting all requirements of the Pennsylvania Department of Environmental Protection, on which sewage is carried by pipes from individual lots to a publicly-owned central treatment and disposal plant.

SEDIMENT - the residue resulting from erosion.

SELECTIVE CUTTING - the felling of certain, but not all, trees in an area for the purposes of: (1) removing dead, diseased, damaged, mature or marketable timber; (2) improving the quality of a tree stand or species: or (3) meeting personal domestic needs. [Ord. 1-2008]

SIGHT DISTANCE - the length of roadway that must be visible to the driver of a passenger vehicle at any point on the roadway when the view is not obstructed by traffic as defined by the Pennsylvania Department of Transportation guidelines.

SPECIMEN VEGETATION - a tree or plant that has been bred for unusual or rare characteristics, such as form, leaf color or texture, bloom, bark, being a dwarf variety of a larger tree species or possessing characteristics different than customary plants of the species. A tree or plant that is at or near its maximum size may be considered specimen vegetation. [Ord. 1-2008]

STREET, ARTERIAL OR THROUGH HIGHWAY - a street that serves a large volume of relatively highspeed and long-distance traffic, on which through-traffic gets preference over cross traffic; any facility classified as a main or secondary highway by the Pennsylvania Department of Transportation.

STREET, COLLECTOR - a street that, besides providing access to abutting properties, intercepts minor streets to provide access for at least 50 dwelling units to community facilities and/or other major streets, or a major street or highway system. Streets in industrial and commercial subdivisions will generally be considered collector streets.

STREET, CUL-DE-SAC - one that terminates at one end in a paved vehicular turn- around.

STREET, HALF (PARTIAL) - one with a narrower right-of-way than is normally required, generally parallel with and adjacent to a property line.

STREET, LOCAL - one intended chiefly to provide access to a collector street or streets.

STREET, MARGINAL ACCESS - one parallel with and adjacent to a major street but separated from it by a reserve strip, that provides access to abutting properties and control of intersections with the major street.

STREET, MINOR - any street except an arterial or collector street.

STREET, RESIDENTIAL - one intended chiefly to provide access to abutting properties.

STREET, SERVICE (ALLEY) - a minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.

STRUCTURE - any manmade object with an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVIDER - any person, partnership, corporation or authorized agent that undertakes to subdivide or develop land, as defined by these regulations, as the owner, lessee, equitable owner (or authorized agent of the equitable owner) of the land or water, whether or not affixed to the land.

SUBDIVISION - the division or re-division of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building, or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access, shall be exempted.

SUBDIVISION, MAJOR - any subdivision other than a minor subdivision and any land development that does not involve subdivision.

SUBDIVISION, MINOR - a subdivision in which:

(1) No street is to be constructed or widened.

(2) No other public improvement that requires a bond or escrow as specified in §22-406 hereof is to be constructed.

(3) No earth-moving activities will take place except that normal to construction of a single-family dwelling on each lot.

SURVEYOR - a licensed surveyor registered by the Commonwealth of Pennsylvania.

TOTE - the Township of Thornbury, Delaware County, Pennsylvania.

TREE PROTECTION ZONE - an area that is radial to the trunk of a tree within which no land disturbance shall occur. The tree protection zone shall be a minimum distance of 15 feet from the tree trunk or the distance from the tree trunk to the drip line, whichever is greater. Where a group of trees or woodland is to be protected, the tree protection zone shall be the aggregate of the tree protection zones of the individual trees. [Ord. 1-2008]

VEGETATION, PERMANENT - perennial grasses, legumes, or other long-lived plant materials, such as Crown Vetch, Fescues, and Bluegrasses, etc., depending upon the degree of refinement desired. [Ord. 1-2008]

VEGETATION, TEMPORARY - fast growing grasses, usually annuals, such as rye, oats, sudan, or other appropriate cover to prevent erosion until permanent vegetation can be installed. [Ord. 1-2008]

WATER DISTRIBUTION SYSTEM, COMMUNITY - a privately owned system, meeting all requirements of the Pennsylvania Department of Environmental Protection, to supply water from a common source to two or more dwelling units and/or other buildings. It generally serves a single neighborhood.

WATER DISTRIBUTION SYSTEM, ON-SITE - a system to supply water to a single dwelling unit or other building from a source on the same lot.

WATER DISTRIBUTION SYSTEM, PUBLIC - a publicly owned system, meeting all requirements of the Pennsylvania Department of Environmental Protection, to supply water from a common source to dwelling units and/or other buildings, typically in more than one neighborhood.

WOODLAND - a tree mass or plant community of 1/4 acre or more in which tree species are dominant or co-dominant, the branches of the trees form a complete, or nearly complete, aerial canopy and where the largest trees measure at least 6 inches in diameter DBH. A woodland shall also include ten individual trees of greater than 6 inches DBH under a common canopy. For the purpose of this Chapter, the extent of any woodland plant community or any part thereof shall be measured from the outermost drip line of all the trees in the community. Woodland shall include any area where woodland disturbance has occurred within the previous 3 years that would have met the definition of woodland prior to timbering, tree harvesting or disturbance. Woodlands do not include orchards or old fields. [Ord. 1-2008]

WOODLAND DISTURBANCE -

(1) Any activity that alters the existing structure of a woodland or hedgerow. Alteration includes the cutting or removal of canopy trees, sub-canopy trees, under-story shrubs and vines, woody and herbaceous woodland floor species.

(2) Any activity that constitutes a land disturbance (exposes soils, alters topography) within a woodland or hedgerow.

(3) Woodland disturbance does not include the selective cutting or removal of invasive alien trees, shrubs, vines or herbaceous species including, but not limited to, Rosa multiflora (Multiflora Rose), Eleagnus umbellate (Autumn Olive), Lonicera japonica (Japanese Honeysuckle), Celastrus orbiculatus (Oriental Bittersweet), Acer platanoides (Norway Maple) and Polygonum perfoliatum (Milea-Minute Weed).

[Ord. 1-2008]

WOODLAND MANAGEMENT PLAN - a description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land. Such plan shall be prepared by a person(s) with demonstrable expertise in forest management and shall document measures to be taken: (1) to protect water quality, (2) to minimize impacts from skid trails and logging roads, landing areas and the tree removal process; and (3) to assure site restoration. [Ord. 1-2008]

ZONING ORDINANCE - the Thornbury Township Zoning Ordinance of 1976, as amended, from time to time [Chapter 27].

2. Any terms not defined herein shall have the meaning given them in the Zoning Ordinance [Chapter 27], or if not defined therein, then such meaning shall be as defined in such other Township ordinances.

(Ord. 2-2000, 4/5/2000, §22; as amended by Ord. 5-2002, 7/10/2002, §2; by Ord. 2-2003, 12/17/2003, §I; and by Ord. 1-2008, 10/1/2008, §III)