In addition to the aforesaid, the residential cluster design shall meet the following standards for open space:

A. The open space shall consist of area of such size and dimension to be suitable for the use and enjoyment of residents of the proposed development. The space shall be accessible by all residents and shall be of a suitable character for active and passive recreation and conservation. For the purposes of calculation open space requirements under this Chapter, floodplain and stormwater management facilities shall be excluded. [Ord. 2-2002]

B. The area shall contain no structure other than structures specifically relating to recreational use and historic buildings and structures.

C. The open space, where practical, shall be arranged to preserve the environmentally sensitive characteristics of the site and to provide direct or easy access and view from all dwelling units.

D. The open space shall serve as a buffer and transition area between land uses, including residential developments of different densities and along tract boundaries. The buffer shall be a minimum of 100 feet and shall be landscaped to provide a visual screen. The design shall take into account and use the existing vegetation which otherwise shall be undisturbed. An easement of access of at least 30 feet wide shall be provided into the area of the buffer if access is desirable or required. [Ord. 2-2002]

E. The open space shall be preserved in perpetuity by (1) the acceptance of dedication of land or any interest therein for public use, at the discretion of the Supervisors of Thornbury Township or (2) by the establishment of an organization for ownership and maintenance of the open space, the conditions of which are such that the organization shall not be dissolved nor shall it dispose of the open space by sale or otherwise without first offering to dedicate the same to the public.

F. Common open space may not be part of the lot area assigned to a dwelling unit. [Ord. 2-2002]

(Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, §2; as amended by Ord. 5- 1998, 7/1/1998, §1; and by Ord. 2-2002, 2/6/2002, §§4, 5)

Open space shall be held under any one or more of the following forms upon receiving approval of the Board of Supervisors of Thornbury Township: [Ord. 5-1998]

A. Homeowners Association. The applicant may provide for the establishment of an organization for the ownership and maintenance of the common property and improvements. The organization shall consist of property owners within the cluster development, each receiving an equal vote and responsibility. Such an organization shall not be dissolved nor shall it dispose of the common property and improvements unless transferred to a type of ownership permitted hereunder.

B. Condominium Association. The open space as authorized herein may be controlled through the use of a condominium agreement. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. §3101 et seq. In such instance, all open space and improvements shall be held as a "common element."

C. Dedication of Easements. The Township of Thornbury may at any time accept easements for the public use of any portion or portions of the open space. Such land shall be thereby accessible to the residents of the Township. In the event of a dedication of an easement the Township shall enter into a maintenance agreement with the owners of the open space. [Ord. 5-1998]

D. Transfer of Easements to Private Conservation Organization. Easements on open space may be transferred to a private, nonprofit organization involved in the conservation of natural resources upon approval by the Township of Thornbury. The conveyance of an easement shall contain appropriate provisions for the reversion to the Township at any time the property is not used pursuant to the intentions of this Chapter. Prior to the transfer of an easement a maintenance agreement shall be entered into between the Township, the organization holding ownership and the proposed conservation organization. [Ord. 5-1998]

E. Fee Simple Dedication. Nothing herein is intended to prevent the dedication of all or part of the open space to the Township of Thornbury for the use and maintenance by the Township for open space. [Ord. 5-1998]

(Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, §2; as amended by Ord. 5-1998, 7/1/1998, §1)

1. In the event an organization, a homeowners association or a condominium association undertakes the responsibility of maintaining the open space and improvement and fails to maintain the same in reasonable order and conditions in accordance with the development plan, the Township may serve written notice upon the organization or residents in the development setting forth the manner in which the organization has failed to properly maintain the common areas.

2. Notice shall demand that the deficiencies of maintenance be corrected within 30 days and shall establish the date and place of a hearing to be held on the delinquency. Such a hearing should take place within 14 days of the notice. Should the deficiencies set forth in the original notice or in the subsequent modifications fail to be corrected within the established 30 days, the Township, in order to preserve the taxable values of the affected properties may enter the open space and improvements and maintain them for a period of one year. Such efforts shall not constitute a taking of the property nor vest in the public any right to use the same. The cost of maintenance by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment. Such assessments shall become a lien on the said properties and shall be perfected by filing in the office of Judicial Support of Delaware County.

(Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, §2; as amended by Ord. 5-1998, 7/1/1998, §1)

The formation of a homeowners association shall be governed according to the following regulations:

A. The applicant shall provide a description of the association including its by-laws and methods for maintaining open space and improvements. [Ord. 5-1998]

B. The association shall be established by the applicant and operated with financial subsidization by the applicant prior to the sale of any lots within the development.

C. Membership in the association is mandatory for all purchasers of lots and their successors.

D. Controlling interest shall not be conveyed from the applicant to the homeowners association prior to completion and sale of at least 60% of the total number of units.

E. The association shall be responsible for meeting insurance and tax obligations on the open space and improvements. [Ord. 5-1998]

F. Rights and duties of the Township and members of the association in the event of a breach of the covenants and restrictions shall be defined at the time of the granting of the conditional use.

G. The bylaws shall include a statement which grants to the Township such power, but not the duty, to maintain the open space and common facilities and to assess the cost of the same as provided within the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq. [Ord. 5-1998]

H. A provision for leasing open space back to the original developer, individual or corporation for the maintenance of open space, provided residents have access at all times and provided the lease is approved by the association and the Board of Supervisors.

(Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, §2; as amended by Ord. 5-1998, 7/1/1998, §1)

An application for conditional use shall be submitted to the Board of Supervisors of the Township of Thornbury. A hearing pursuant to public notice shall be conducted within 60 days of the application. The decision granting or denying the conditional use shall be issued in writing to the applicant within 45 days of the close of the public hearing. Should the use be granted conditioned upon requirements of the Township Supervisors, the applicant shall have 20 days from issuance of a written decision in which to submit an acceptance of the conditions imposed by the Township. Should the applicant decline to submit an acceptance of the conditions imposed by the Township within 20 days, the right of appeal according to law shall run from the end of the said 20 days during which acceptance is to be submitted.

(Ord. 2-1976, 2/3/1976; as added by Ord. 9-1995, 8/7/1995, §2; as amended by Ord. 2-2002, 3/6/2002, §6)

In the Q-1 Quarry District, the following regulations shall apply.

(Ord. 2-1976, 2/3/1976, §1100)

1. A building may be erected and used and a lot may be used or occupied for the following purposes and no other:

A. Quarrying.

B. Processing of stone.

C. Accessory uses incidental and related to quarrying and processing of stone.

D. An existing owner occupied residential property and dwelling may be used or converted for use as a retail store with a gross floor area not to exceed 1,000 square feet as an accessory use to the residential dwelling.

(1) Any existing dwelling converted for use as a retail store shall be situate on a parcel of land not exceeding 2 acres and said building must be at least 200 feet distance from the rim of an existing quarry.

(2) Accessory use as herein permitted shall comply with all applicable use regulations pursuant to §27-102 of this Chapter, which is incorporated herein and made a part hereof. [Ord. 6-1990]

2. The extraction and removal of natural material or deposits from the site and the processing of such material or deposits shall not be noxious, offensive or otherwise objectionable by reason of dust, smoke noise, or vibration.

3. No use shall be permitted which is in violation of prohibited uses and performance standards in §27-2107 of this Chapter, except when such use is in conformance with the State Bureau of Mines requirements.

(Ord. 2-1976, 2/3/1976, §1101; as amended by Ord. 6-1990, 7/16/1990, §1)

Upon cessation of all quarrying activities in the Q-1 Quarry District, all regulations applicable to the Residence Districts shall automatically become effective in and thereafter be applied in the Quarry-1 District.

(Ord. 2-1976, 2/3/1976, §1102)

In the Q-2 Quarry District, the following regulations shall apply. (Ord. 2-1976, 2/3/1976, §1200)

1. A building may be erected and used and a lot may be used or occupied for the following purposes and no other:

A. A pond or ponds together with necessary pumping equipment and pi ping used in connection with the adjacent quarrying operation.

B. Clean dirt fill and storage thereof related to use of the adjacent quarrying operation, provided that the height of any stored fill material shall be no greater than the height of presently existing- natural prominences in the area immediately surrounding- the storage and fill area.

2. No use shall be permitted which is in violation of prohibited uses and performance standards in §27-2107 of this Chapter except when such use is in conformance with the State Bureau of Mines requirements.

(Ord. 2-1976, 2/3/1976, §1201)

Upon cessation of all quarrying activities in the Q-2 Quarry District, all regulations applicable to the Residence Districts shall automatically become effective in and thereafter be applied in the Quarry-2 District. All lands in the Quarry-2 District shall, upon discontinuance of quarrying activities, be graded so as to be suitable for development purposes.

(Ord. 2-1976, 2/3/1976, §1202)

For the purposes of this Article, the following terms shall have the meanings as ascribed, below:

ALLUVIAL SOILS - an azonal great group of soils, developed from transported and relatively recently deposited material (alluvium) characterized by a weak modification (or none) of the original material by soil-forming processes.

APPROXIMATED FLOODPLAIN - the areas identified as Zone A in the Flood Insurance Study (FIS) for which no 100-year flood elevations have been provided.

BASEMENT - any area of the building having its floor subgrade (below ground level) on all sides.

COMPLETELY DRY SPACE - a space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

DEVELOPMENT - any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

ESSENTIALLY DRY SPACE - a space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

FLOOD - a temporary inundation of normally dry land areas.

FLOODWAY - the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the waters of a 100-year flood without cumulatively increasing the water surface elevation more than 1 foot at any point.

FLOODWAY FRINGE - the area of the floodplain not lying within a floodway which may hereafter be covered by flood waters up to the 100-year flood.

FLOODPROOFING - any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

HISTORIC STRUCTURE - any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of the Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

(3) Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior.

(b) Directly by the Secretary of the Interior in states without approved programs.

IDENTIFIED FLOODPLAIN AREA - the floodplain area specifically identified in this Article as being inundated by the 100-year flood.

LOWEST FLOOR - the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Article.

MANUFACTURED HOME - a structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days. [Note: may be referred to as "mobile home" elsewhere in this Chapter.]

MANUFACTURED HOME PARK - a parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for non-transient use. [Note: may be referred to as "mobile home park" elsewhere in this Chapter.]

MINOR REPAIR - the replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof; the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

NEW CONSTRUCTION - for floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the original effective date of Thornbury Township's floodplain management regulations, the Article, and includes any subsequent improvements to such structures.

100-YEAR FLOOD (BASE FLOOD) - the highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year).

RECREATIONAL VEHICLE - a vehicle which is:

(1) Built on a single chassis.

(2) Four hundred square feet or less when measured at the largest horizontal projection.

(3) Designed to be self-propelled or permanently towable by a light duty truck.

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REGULATORY FLOOD ELEVATION - the 100 year flood elevation plus a freeboard safety factor of 1 1/2 feet.

START OF CONSTRUCTION - includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE - a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

SUBSTANTIAL DAMAGE - damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT - any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of the definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (a) any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or (b) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

(Ord. 2-1976, 2/3/1976, §1300; as amended by Ord. 9/7/1977; by Ord. 1-1994, 4/5/1994, §2; and by Ord. 2-2009, 11/18/2009, §I)