No fence over 6 feet in height shall be erected in the Township, unless approved by special exception of the Zoning Hearing Board, and unless such fence shall be deemed a structure and meet the setback requirements of the district in which case a zoning permit and building permit may be issued without a Zoning Hearing Board special exception.

(Ord. 2-1976, 2/3/1976, §1608)

No continuous parking or storage of disabled or partially dismantled or junk cars, trucks, boats or other forms of vehicles shall be permitted in any area, lot or premises.

(Ord. 2-1976, 2/3/1976, §1609)

On no lot shall any wall, fence or other structures, hedge, tree, shrub or other growths be erected, altered, maintained, planted, grown or permitted, which may cause danger to traffic by obscuring the view or shall in any other way be a source of danger.

(Ord. 2-1976, 2/3/1976, §1610)

The floor area of every single-family dwelling, other than a mobile home, must total at least 1,150 square feet, excluding basements, cornices, eaves, garages, gutters, steps, porches and unfinished attics.

(Ord. 2-1976, 2/3/1976; as added by Ord. 5-1979, 10/1/1979, §1)

Notwithstanding the yard or setback requirements which would otherwise be applicable, the following yard or setback requirements shall apply to the construction or placement of swimming pools, tennis courts, paddle tennis courts and basketball courts in all districts:

A. No swimming pool, tennis court, paddle tennis court or basketball court shall be placed or constructed within the required front yard setback area of a lot for a single-family dwelling.

B. Unless specifically authorized by a special exception pursuant to subsection .0 hereof; no swimming pool tennis court, paddle tennis court or basketball court shall be placed or constructed within 50 feet of any side or rear property line.

C. Where authorized by a special exception, swimming- pools, tennis courts, paddle tennis courts or basketball courts may be placed up to but not closer than 25 feet from a side or rear property line. In addition to the standards for review contained in §27-2309 hereof, the Zoning Hearing Board shall take into consideration in determining whether to grant such a special exception the possible effect of noise and/or lighting on adjacent property owners, and the availability of land which a special exception would not be required.

(Ord. 2-1976, 2/3/1976; as added by Ord. 5-1980, 9/4/1980)

If a mobile home is erected and maintained as a single-family dwelling outside a mobile home park, the following requirements shall be met:

A. The tract upon which the mobile home is installed shall conform with the minimum lot size requirement of the district or zone where located.

B. The mobile home shall be installed so as to conform with all front yard, side yard and rear yard setback lines applicable to immobile housing in that district or zone, if any.

C. The mobile home shall be installed upon, and securely fastened to, a frost- free foundation or footer, and in no event shall it be erected on jacks, loose blocks, or other temporary materials.

D. An enclosure of compatible design and material commonly called skirting, shall be erected around the entire base of the mobile home. Such enclosures shall provide sufficient ventilation to inhibit decay and deterioration of the structure.

E. The mobile home shall be connected to public water and sewer systems, if available. If not, the owner shall provide a potable water supply from his own, or an adjacent well, and shall provide a septic system that shall meet the standards of the local health department, and/or the Pennsylvania Department of Environmental Protection. [Ord. 2-2005]

F. The tract shall be attractively seeded, landscaped, and shrubbed.

G. Any garage, utility shed, or other out-building constructed on the tract shall conform with the standards applicable to such structures as contained in this Code.

(Ord. 2-1976, 2/3/1976; as added by Ord. 5-1982, 6/8/1982; as amended by Ord. 2-2005, 7/6/2005)

1. Purpose and Intent. It is the intent of this Section to establish supplemental regulations to control the development of areas containing steeply sloped land, for the following purposes:

A. To minimize soil erosion and sedimentation.

B. To protect water sheds and limit increases in stormwater runoff.

C. To protect residents of the Township from property damage and personal injury caused by runoff, erosion, and landslides attributable to nearby development on steeply sloping land.

D. To minimize the necessity for expenditure of Township funds for corrective public works caused by soil erosion and subsidings, sedimentation, and landslides.

E. To maintain adequate foliage and vegetative cover and hillsides.

F. To protect streams from increases in water borne sediment.

2. General Regulations.

A. Modifications of LotArea. Every lot hereafter created by subdivision in the R-1 and R-2 Districts shall have at least 50% of the minimum lot area requirement applicable thereto in land having a slope of less than 20% or, in the alternative, a minimum lot area of 130,000 square feet. The limits of steep slopes shall be established as the area where the average slope over three consecutive 5-foot contour intervals is equal to or in excess of 20%. [Ord. 5-1992]

B. Construction on Steep Slope Areas.

(1) Except as provided in subsection .2.B(2), there shall be no erection or construction of buildings, roads, parking areas, or other similar structures or impervious surfaces on any land having a slope greater than 20%.

(2) Erection or construction of buildings, roads, parking areas, or other similar structures or impervious surfaces may be permitted on land with slopes greater than 20%, when authorized as a special exception by the Zoning Hearing Board, provided that: the landowner shall demonstrate that compliance with the requirements of subsection .2.B(1) hereof are impractical, or confiscatory of the use of the landowner's lot. An application for special exception shall be accompanied by a drainage plan and a soil erosion and sediment control plan demonstrating- that neither erosion nor the rate of stormwater runoff will be subject to increase if the application for special exception is approved. The plan shall show contours, proposed areas to be graded, landscaping, drainage facilities, and a narrative explanation of measures to be taken to control erosion, sedimentation and stormwater runoff.

(3) The provisions of subsection .2.B(2) with respect to obtaining a special exception shall not apply if the encroachment into steep slopes is less than 50 feet. [Ord. 5-1992]

(Ord. 2-1976, 2/3/1976; as added by Ord. 7-1984, 11/5/1984, §1; as amended by Ord. 2-1986, 2/3/1986, §6; and by Ord. 5-1992, 10/5/1992)

1. Grant of Conditional Use. No building or other structure may be used or occupied as a bed and breakfast inn or similar type of lodging within the Township of Thornbury unless allowed by the Board of Supervisors as a conditional use pursuant to §603(c)(2) of the Pennsylvania Municipalities Planning Code, 53 P.S. §10603(c)(2).

2. Zoning Design Standards.

A. A bed and breakfast inn may be located in any residential zoning district within the Township of Thornbury when allowed by the Board of Supervisors as a conditional use. All applications for conditional use shall first be reviewed by the Township Planning Commission as set forth under the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq.

B. The minimum lot size shall be not less that 10 contiguous acres owned in fee simple by the owner and operator of the Bed and Breakfast Inn property, who shall be a natural person or persons residing on the property, except where title is acquired by inheritance the residency requirement is not applicable. [Ord. 4- 2001]

C. At a minimum, off street improved pervious or impervious parking shall be provided as required by the minimum parking regulations of the applicable district, but in no event less than four spaces. Provided, however, one additional parking space shall be required for each guest room and for each employee, if any, in attendance. The access driveway shall be paved. In all residential districts, the minimum parking set-back from an adjacent property line shall be 50 feet and, when four or more guest and employee parking spaces are provided, the parking area shall be screened from direct view of any adjacent residential use by a completely planted visual barrier consisting of a double row of evergreen plantings with a minimum height of 6 feet after the planting and placed no more than 10 feet apart. The required planting shall be staggered so as to provide as complete a visual barrier as is possible. All guest parking shall be provided behind the front building line of the main establishment. [Ord. 4-2001]

D. One sign shall be permitted identifying the property. The sign shall not exceed 3 square feet in area, shall be set back a minimum of 3 feet from the road right-of-way, and shall contain no information other than identification of the premises. Sign design and lighting is subject to approval.

E. The owner and operator of a bed and breakfast inn may, as a permitted accessory use, hold occasional, not to exceed 12 per calendar year, wedding receptions, birthday, anniversary celebrations, corporate and private meetings and similar events (collectively a "special event") upon the bed and breakfast inn premises subject to the following conditions and limitations:

(1) The special event shall be for the benefit of a guest of the bed and breakfast inn who rents the entire bed and breakfast inn facility (all rooms) for the duration of the special event.

(2) No more than 140 guests shall be permitted at any one special event, which shall be held exterior to the bed and breakfast inn unless interior use has been approved by the local and State Licensing and Inspection Departments. An outside catered luncheon and dinner meal may be served.

(3) No permanent building or structure may be used or erected upon the bed and breakfast inn premises to accommodate the guests of a special event, other than the approved bed and breakfast inn facility, however, to the extent that the existing bed and breakfast inn facility is inadequate to meet the requirements of the special event, the operator of the bed and breakfast inn shall be permitted to erect a temporary structure, such as a tent, which may remain erected in connection with any other one special event, for no longer than 3 consecutive days (excluding the number of days required to erect and/or to dismantle such temporary structure), which temporary structure shall be located entirely to the rear of the front building line of the bed and breakfast inn facility (measured by a line parallel to the roadway or street on which the bed and breakfast inn premises fronts) and which temporary structure shall be adequately shielded from view from the road frontage of the premises and on each side yard by a screened 50-foot buffer area.

(4) All vehicles used by the guests of the special event must be parked on- site and entirely to the rear of the front building line of the bed and breakfast inn premises.

(5) The operator of the bed and breakfast inn facility must be able to demonstrate that adequate provision has been made for the disposal of sewage generated by the special event, whether by means of an existing onsite system, or by way of temporary/portable sanitary facilities.

(6) Any outside sound, music, or entertainment associated with the special event shall not be permitted to perform after 10 p.m. on the day of the special event and shall be un amplified so as not to allow sound to interfere with the quite enjoyment of the surrounding- properties.

(7) The operator of the bed and breakfast inn facility shall keep a record of each special event, including the identity of the individual or organization holding the special event and the number of guests attending each such special event.

(8) The operator of a bed and breakfast inn facility shall be required annually to obtain a permit to provide for special events, which permit may be revoked by the Township in the event of a failure to comply with the limitations set forth in this Article. [Ord. 4-2001]

F. The maximum number of lodging rooms for overnight accommodations contained in a bed and breakfast inn shall be 12 provided, however, that one additional lodging room shall be permitted for every two gross acres of lot size in excess of 10 acres, not to exceed 14 lodging rooms in total. [Ord. 3-2004]

G. All truck deliveries shall take place between the hours of 9 a.m. and 5 p.m. [Ord. 3-2004]

3. Standards for Review of Proposed Conditional Use. Factors to be considered by the Board of Supervisors on passing upon each application for a conditional use are as follows:

A. The existing building, inn or structure itself shall be determined by the Board of Supervisors to be of proven historical significance or unique value due to age, architecture or association with a prominent person or family.

B. The bed and breakfast inn may have a limited number of employees, their number and hours shall be a factor for consideration. Members of the owner's immediate family who reside therein are not considered employees.

C. All applicable requirement of the Township building, electrical, fire and panic, sewage, plumbing codes, subdivision and land development ordinance, stormwater management ordinance shall be met together with all applicable State codes and health regulations.

D. Guests are required to be pre-registered and transient overnight guests, and may be registered for a maximum of 14 consecutive nights. Bed and breakfast inns are prohibited form establishing private dining clubs or other devices to circumvent the limitations contained in this Part. Guest registration records must be maintained and open to inspection by Township Code Enforcement Officers. [Ord. 3-2004]

E. Any meals provided and any amenities connected with the inn, such as swimming pool or tennis courts, shall be solely for the use of the owner, the owner's family and the owner's registered guests.

F. The availability of alternative locations in the Township for similar use.

G. The compatibility of the proposed use with existing and foreseeable nearby land uses.

H. The relationship of the proposed use to the Comprehensive Plan, as amended.

I. The safety of access to the property for ordinary and emergency vehicles.

J. Such other factors which may be considered relevant to the purposes of this Chapter.

K. Subject to the standards for review contained in §27-2309 for special exceptions.

(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1990, 1/9/1990, §II; as amended by Ord. 4- 2001, 5/16/2001; and by Ord. 3-2004, 4/21/2004)

1. Nothing in this Section shall be construed to relieve the owner or his agent, the developer, or the applicant for a conditional use approval from obtaining approval in accordance with the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22], or other applicable ordinances.

2. The requirements of this Section and the standards for specific types of conditional uses found elsewhere in this Chapter shall be deemed an element of the definition under which a conditional use permit may be granted. The failure of the applicant to demonstrate compliance with these requirements, at the discretion of the Board of Supervisors, can be deemed either a basis for establishing conditions or limitations on an approval or the basis for a denial of a conditional use application.

3. General Requirements.

A. Ownership. The tract of land under application for a conditional use approval shall be under single ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and shall be under unified control. If the ownership of the entire tract is held under more than one person or entity, the application shall identify and be filed on behalf of all of the owners. Approval of the plan shall be conditioned upon agreement by the applicant or applicants that the tract shall be developed under single direction in accordance with the approved plan. No site preparation or construction shall be permitted other than in accordance with the approved plan. If ownership of all or any portion of the tract changes subsequent to approval of the plan, no site preparation or construction by such new owner or owners shall be permitted unless and until such owner or owners shall review the terms and obligations of the approved plan and agree in writing to be bound thereby with respect to development of the tract.

B. Sewer and Water Facilities. The applicant shall demonstrate evidence of adequate water supply and sewage disposal capability. The tract of land shall be served by a water supply system and a sewage disposal system deemed acceptable by the Board of Supervisors upon recommendation of the Township Engineer. Such facilities shall be designed and constructed in compliance with all applicable regulations and standards of the Thornbury Township Code of Ordinances and the Thornbury Township Sewage Facilities (Act 537) Plan.

C. Development Stages and Permits. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer, and Township shall enter into said agreement embodying all details regarding compliance with this Chapter to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.

D. All conditions established for plan approval shall be stated on the final plan and recorded as part of the plan.

E. Existing easements, rights-of-way, covenants and other encumbrances shall be stated and shown on the plans.

F. Covenants and Restrictions. The language, terms and conditions of any proposed covenants or restrictions shall be subject to review and recommendation by the Township.

4. Application.

A. The application for a conditional use shall be filed with the Township on such forms as may be prescribed for said purpose. The application shall be accompanied by a fee as established by resolution of the Board of Supervisors. The application shall state the following:

(1) The name and address of the applicant.

(2) The name and address of the owner(s) of the property to be affected by the proposed conditional use application.

(3) Evidence of authorization to act on behalf of the property owner(s) where applicant is other than a legal or equitable owner of the property.

(4) A description and location of the real estate on which the conditional use is proposed.

(5) A statement of the present zoning classifications of the real estate in question, the improvements thereon, and the present use thereof.

(6) A narrative description of the proposed use and a statement of the section(s) of this Chapter that authorize(s) the conditional use.

(7) A narrative description of the site's suitability for the proposed development.

(8) A narrative description of the proposed development's consistency with the purposes and objectives of the Thornbury Township Comprehensive Plan

(9) A narrative description of the proposed development's consistency with the character of the surrounding uses and the Township in general.

(10) A staging plan and narrative, if the development is to be carried out in progressive stages that demonstrates that all of the requirements and the intent of this Section are met with the completion of each stage.

(11) An accurate survey of the property.

(12) A map depicting the location, deed book references and name and address of all abutting property owners.

B. Conditional Use Plan.

(1) The application for conditional use approval shall be accompanied by a unified, overall site plan covering the entire tract, regardless of any intended phasing of development. The plan shall be labeled "Conditional Use Plan" and shall be prepared with sufficient detail to adequately illustrate the proposed development uses and nondevelopment uses of the tract, including (where appropriate), reserve areas for possible future expansion; coordinated internal and external vehicular and pedestrian circulation; well related, convenient and efficient parking and loading areas; agreeable surroundings that provide comfort, safety, and convenience for prospective residents, customers, and/or workers; and high quality design in terms of building relationship, facade treatment, signage, lighting, landscaped and planted buffers and screens, as well as other natural and constructed amenities in furtherance of the comprehensive planning objectives of Thornbury Township.

(2) With respect to exact building locations, shapes and dimensions, and similar requirements of the conditional use plan, prescribed in the subparagraph above, it is recognized that a fixed and dimensioned architectural layout, as would be required for issuance of a building permit, is not feasible, nor is it the intent of this Section to require such detail in an application for conditional use. However, the plans, information and data, as herein required for conditional use approval, shall be indicated in sufficient detail to serve as a firm commitment by the applicant to the design criteria and standards. The conditional use plan shall be prepared at a scale of not more than 1 inch equals 50 feet (1" = 50'). Where specific conditional use application requirements are contained in other articles of this Chapter and are applicable to a particular conditional use authorized by this Chapter, the applicant shall comply with such requirements which shall prevail in the event of conflict or overlap.

(3) The conditional use plan shall generally include the following elements: site layout plan, existing conditions and environmental resources plan, proposed grading plan, landscape, screening and buffering plan, and lighting plan. Other Plans or plan information may be required at the discretion of the Planning Commission or the Board of Supervisors.

C. Natural and Cultural Resources Analysis and Impact Assessment. The applicant shall provide an inventory of the tract's natural features and systems, cultural resources, and visual amenities that may be impacted by the proposed conditional use. The inventory shall include, where applicable, a photographic record of the resources and shall be prepared in graphic (at a scale of 1 inch = 100 feet) and narrative form and include all of the following resources on and within 100 feet of the site:

(1) Surface waters.

(2) Natural drainage patterns, including swales, intermittent streams, etc.

(3) Floodplain Districts as defined in this Chapter.

(4) Wetlands under the jurisdiction of the Pennsylvania Department of Environmental Protection or the U.S. Army Corps of Engineers.

(5) Soils with seasonably high water table.

(6) Soils with shallow depth to bedrock.

(7) Geologic formations, particularly in relation to areas of groundwater recharge.

(8) Biotic resources and patterns of vegetation, including tree masses, rare or extraordinary individual species, any tree of 6 inches or greater DBH and areas serving as habitat for wildlife (species of wildlife dependent upon the site for habitat shall be identified).

(9) Measurable attributes of the air quality at the proposed site and the present degree to which auto emissions are contributing to degradation.

(10) Scenic resources and any other visual amenities of the site (e.g., topography, vegetation, water) considered unique, scenic, and/or that should be incorporated into the design of any future use.

(11) Sites and structures of historical or cultural significance including, but not limited to, those sites recorded in the Thornbury Township Historic Resource Inventory and/or the Delaware County Historic Commission.

The applicant shall indicate how any or all of the inventoried resources will be affected by the proposed development, and shall describe mitigating measures to be employed in addressing these impacts. The development impacts and the proposed mitigating measures shall be described in narrative form, and their locations on and within 100 feet of the site shall be mapped at a scale of 1 inch = 100 feet.

The applicant shall also provide a report that assesses the extent to which any hazardous waste contamination has occurred on the site and if so describe such cleanup and remediation measures to be implemented prior to any site disturbance.

D. Traffic Analysis. The Board of Supervisors, at its sole discretion, may require the applicant to provide a traffic analysis demonstrating feasible compliance with the objectives of this Chapter and the Thornbury Township Comprehensive Plan. The Township shall provide the applicant the minimum scope of work to be included in the analysis, and the analysis shall be prepared in accordance with the traffic impact study requirements of the Subdivision and Land Development Ordinance [Chapter 22]. Such analysis shall estimate traffic volumes, turning movements, and levels of service at intersections, and potentially unsafe conditions existing prior to development as well as may be reasonably expected to occur after proposed development and shall suggest action(s) to mitigate any anticipated reduction of level of service or other negative impact to traffic conditions resulting from development as proposed. In granting conditional use approval, the Board may attach conditions requiring specific improvements to roads to be incorporated into plans for development, to the extent necessary to maintain pre-existing levels of service, correct unsafe conditions which may be worsened by traffic impacts of development, and otherwise provide for safe and convenient vehicular and pedestrian access for residents, visitors, employees, and emergency service personnel and vehicles.

E. Stormwater Management and Drainage Analysis. The application for conditional use approval shall be accompanied by a conceptual stormwater management and drainage analysis. The analysis shall demonstrate, conceptually, to the satisfaction of the Township Engineer, that compliance with the requirements of the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22] can be achieved. Supporting calculations for required detention basin volumes and groundwater recharge volumes shall be required. Off-site drainage problems shall be identified and measures to improve or correct such problems shall be proposed.

F. Fiscal Impact Assessment. The Board of Supervisors, at its sole discretion may require the applicant to provide an assessment of the economic and fiscal impacts that will result from the proposed development. The assessment shall include a profile of the Township, County and School District revenues to be generated by the proposed development and the costs that it will impose on the Township, County and School District. The information shall be related to the initial, if staged, and completed subdivision or land development.

G. Community Facilities and Services Assessment. The Board of Supervisors, at its sole discretion, may require the applicant to provide an assessment of the facility and service needs required for the proposed development. Where applicable, the assessment shall consider, in terms of existing capabilities and the need for additional or expanded capabilities, the following:

(1) Schools.

(2) Park and recreation areas.

(3) Libraries.

(4) Hospitals and other health care facilities.

(5) Fire protection.

(6) Police protection.

(7) Emergency medical services.

(8) All of the information, data, maps, plans, photographs, and reports required shall be provided to the Township, in such quantity and format as prescribed by the Township, in both paper document form and digital form.

5. Procedures.

A. Upon receipt of a complete application for conditional use approval, the Township shall submit the application to the Planning Commission. Upon receipt of the application, the Planning Commission shall review the conditional use application with the applicant at its next regularly scheduled meeting or at a special meeting at the discretion of the Planning Commission. The Planning Commission shall review and make a recommendation(s) to the Board of Supervisors prior to the first scheduled conditional use hearing. The Planning Commission may extend its period of review beyond 60 days upon written authorization by the applicant. Should the applicant submit new or substantially revised plans for development under the application for conditional use approval during the period of review by the Planning Commission, the 60-day review period shall start anew and prior plans shall be deemed withdrawn.

B. After review by the Planning Commission, the Board of Supervisors shall hold a public hearing on the conditional use application in accordance with the provisions of §908 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10908, and all references therein to the Zoning Hearing Board shall, for purposes of this Section, be references to the Board of Supervisors, and any references to a Zoning Hearing Officer shall not be applicable.

(1) Notice of the hearing shall be given to the public by publication in a newspaper of general circulation in the Township in accordance with the requirements for public notice established in the Municipalities Planning Code. Abutting property owners shall be notified in writing no less than 20 days prior to the scheduled hearing. Additionally, like notice thereof shall be given to the applicant, the Code Enforcement Officer, and to any person who has made timely written request for same. Notice of the hearing shall be conspicuously posted on the affected tract of land at least 1 week prior to the date of the hearing. The failure of any person or entity to receive notice given pursuant to this Section shall not constitute grounds for any court to invalidate the actions of the Township for which the notice was given. The Board of Supervisors shall commence its first hearing on the application within 60 days from the date the application is filed with the Township Secretary, unless extended by written authorization from the applicant.

(2) The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors and any other person, including civic or community organizations, permitted to appear by the Board of Supervisors. The Board of Supervisors shall have the power to require that all persons who wish to be considered parties submit written requests on such forms as the Board of Supervisors may provide for that purpose.

(3) The Chairman or acting Chairman of the Board of Supervisors shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

(4) Formal rules of evidence shall not apply but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

(5) The Board of Supervisors shall keep a record of the hearing proceed- ings. Copies of the written or graphic material received in evidence shall be made available to any party at cost.

(6) The Board of Supervisors shall render a written decision within 45 days after the last hearing before the Board of Supervisors. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for the final decision.

(7) A copy of the final decision shall be delivered to the applicant and the parties before the Board of Supervisors personally or mailed to them not later than the day following the date of the decision.

(8) Appeals from a determination of the Board of Supervisors pursuant to any application for a conditional use shall be only as prescribed and within such times permitted by the applicable provisions of the Pennsylvania Municipalities Planning Code, as amended.

C. In granting conditional use approval, where such use is authorized under this Chapter, the Board of Supervisors may also attach such conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purpose of the Pennsylvania Municipalities Planning Code, as amended, and this Chapter. Conditional uses shall be subject to compliance with particular standards contained in this Chapter and criteria defined in the application review process. The standards described shall be deemed additional and shall in no way impair any other applicable standard from this or any other Township ordinance. The applicant shall be responsible for demonstrating compliance with all standards and criteria required for conditional use approval. The conditions of approval may include, but need not be limited to:

(1) Provisions for additional utility or traffic safety facilities.

(2) Securing of additional easements or property to assure proper site design.

(3) Modification to the applicable design standards.

(4) Provisions requiring that any modification, enlargement or expansion of the use as approved shall require a new conditional use approval.

D. The applicant shall have the burden to prove, by a preponderance of the evidence, that the proposed use will comply in all respects with this and other Township ordinances, County, State or Federal legislation. The Board of Supervisors may retain such consultants as necessary to review and certify the accuracy of submitted plans and documents, the reasonable and necessary charges for which shall be borne by the applicant. When the applicant does not provide information as required, then it shall be presumed that the proposed use is not in accordance with the requirements applicable for the granting of conditional use approval.

E. Any grant of conditional use approval shall be deemed null and void 12 months from the date of such approval if, within that period, no application is made for a building permit, a use and occupancy permit, or subdivision or land development approval, as appropriate, unless so extended by the Board of Supervisors. Any request to extend the 12-month expiration period shall be properly filed with the Zoning Officer 30 days in advance of the expiration date. The request shall include the reason why the extension is required, a reasonable estimate of the time needed to obtain the necessary approvals, and a qualified statement that there has been no change in the conditional use application or the neighborhood in which the property is located. Failure to diligently pursue necessary approvals shall not be grounds for an extension. The Board may grant up to one additional 18-month extension provided a reasonable argument is presented. No more than one such extension shall be granted per conditional use approval.

6. Criteria for Review of Conditional Use Applications. The following criteria shall be used as a guide by the Board of Supervisors in the evaluation of a proposed conditional use. It shall be the burden of the applicant to demonstrate compliance with all applicable criteria:

A. Any applicant for conditional use approval shall have the burden of demonstrating to the satisfaction of the Board of Supervisors that provision is made to adequately reduce or minimize any noxious, offensive, dangerous or hazardous feature or features thereof, as the case may be. The Board of Supervi- sors may deny conditional use approval where the applicant has failed to do so or where any use otherwise is deemed to be dangerous or potentially dangerous to the public health, welfare or safety or which constitutes or may constitute a public hazard whether by fire, explosion or otherwise.

B. The proposed use(s) shall be limited to those authorized as conditional uses within the district in which the lot or parcel is situated. The property subject to conditional use application shall be suitable for the use desired.

C. The size, scope, extent and character of the conditional use desired shall be consistent with the spirit, purposes and intent of the Thornbury Township Comprehensive Plan and this Chapter.

D. The proposed use at the location set forth in the application shall be in the public interest and serve the public health, safety and general welfare.

E. Consideration of the character and the type of development in the area surrounding the location for which the request is made, and a determination that the proposed use is appropriate in the area and will not injure or detract from the use or value of the surrounding properties or from the character of the neighborhood.

F. The development, if more than one building, will consist of a harmonious grouping of buildings or other structures.

G. There will be no adverse affect of the proposed conditional use upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection, emergency management services, recreational opportunities, open space and public schools and, where necessary, adequate arrangements for expansion or improvement of such services and facilities are ensured.

H. The design and use of any new construction and proposed change in use of existing buildings will be compatible with the existing designs and uses in the immediate vicinity and that the proposed design or use shall be compatible with the character of the neighborhood.

I. If the development is to be carried out in progressive stages, each stage shall be so planned that the conditions and intent of this Chapter shall be fully complied with at the completion of any stage.

J. The location and layout of the proposed use is suitable with respect to probable effects upon highway traffic, and assures adequate access arrangements in order to protect major streets and highways from undue congestion and hazard. The proposed use will not lower the level of service on adjacent road segments and intersections as defined by the most recent edition of the Highway Capacity Manual from the Transportation Research Board. As a policy, proposed projects should incorporate designs that will assure safe and efficient access and maintain the existing level of service on all adjacent road segments and intersections.

K. The interior traffic circulation shall provide safe and convenient circulation for all users, including pedestrian and vehicular modes of transit applicant shall demonstrate that sufficient safeguards such as parking, traffic control, screening, and setbacks can be implemented to remove any potential adverse influences the use may have on adjoining uses. In addition, all emergency access design considerations shall be addressed and incorporated into the proposed plan

L. The adequacy of sanitation and public safety provisions, where applicable. and the necessity to provide a certificate of adequacy of sewage and water facilities from a governmental health agency in any case where required or deemed necessary.

M. The adequacy of provisions for stormwater management and drainage.

N. Sufficient land area shall be available to be able to effectively screen the proposed conditional use from adjoining different uses if required by the Board of Supervisors.

O. Consideration of any other development impacts and/or proposed mitigation identified by the submitted site analyses.

P. Consideration of likelihood of market success of proposed use(s), as indicated by market analyses, where required.

Q. The Board of Supervisors shall consider additional standards and criteria [set forth and established in this Chapter for the review of special exceptions] to the degree the Board of Supervisors deems such standards to be applicable to review of the conditional use application.

R. Uses shall meet the provisions and requirements of the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22] and all other applicable ordinances and regulations of Thornbury Township.

S. The Board of Supervisors may impose such conditions, in addition to those required, as are necessary to assure that the intent of this Chapter is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noise, glare, and noxious, offensive or hazardous elements and adequate standards of parking and sanitation.

T. If the Board of Supervisors approves the application and accompanying conditional use plan, such approved plan shall accompany any application for subdivision and land development as prescribed by the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22], and any application for a building permit.

6. Public Notice.

A. The filing of a conditional use application with Thornbury Township, as determined by requirements of this Article, shall require the applicant to notify surrounding property owners by certified mail of the action and the applicant shall also be required to place a sign(s) of notice on the subject premises. This requirement is supplemental to any other notice requirements required by this Chapter. The Township may require the applicant to notify surrounding property owners of subsequent meetings or hearings following the initial meeting.

B. The mailed notice to nearby property owners shall occur at least 14 consecutive calendar days before the public meeting of the Board of Supervisors when the application will be first reviewed. Notice shall be by certified mail and the applicant shall provide the Township with documentation of the mailings prior to the public meeting.

C. The mailed notice shall contain a narrative statement describing the proposed conditional use application and include, at a minimum, the name and address of the applicant, the parcel number and description of the application site and the time and place of the public meeting.

D. For purposes of the mailing notice requirement, the location of relevant properties for notification shall include all properties within 500 feet of the application parcel including those opposite a street, railroad, watercourse or similar feature. Distances shall be measured from the nearest part of the application parcel to any portion of an affected parcel to be notified.

E. The applicant for any conditional use application shall place a sign(s) on the application parcel providing notice of a public meeting for the application. The sign(s) shall be located so as to be in clear view of passers-by and adjacent to the right(s)-of-way. If the application parcel is bordered by more than one public right-of-way, a public notice sign shall be placed adjacent to each right-of-way. One sign shall be required if the parcel is bordered by one right-of-way. The sign(s) shall be erected within 10 calendar days of the filing of an application with the Township. Requirements for the public notice sign(s) shall be as follows:

(1) Location. The posted sign(s) shall be placed in a conspicuous location, as close to, but outside, the right-of-way as practical, parallel to the street, and clearly visible to the public. The Township may allow the posting of only one sign on corner lots of less than 1 acre. In no case shall a sign be placed so as to interfere with driver visibility or vehicular safety.

(2) The sign(s) shall be provided by the Township in a size of 18 inches x 24 inches. The applicant shall be responsible for obtaining the sign, posting the sign and providing proof of posting to the Township. The Township may require a fee from the applicant.

(3) Sign Information. The sign shall provide information that the property is subject to a conditional use application, and include a brief description of the request with instructions to contact the Township for further information.

(4) Proof of Posting. The applicant shall provide the Township with photographic proof of posting and a signed affidavit prior to the public meeting. Failure of any such posted notice to remain in place after the notice has been posted shall not be deemed a failure to comply with these standards or be grounds to challenge the validity of any decision made on the application unless the notice was removed by the applicant or at his or her direction.

(5) Removal of Posted Sign. The applicant shall remove the posted sign(s) not later than 10 calendar days after final action is taken on the application by the Township or removed earlier at the discretion of the Board of Supervi- sors.

F. The failure of any person or entity to receive public notice pursuant to this Section shall not constitute grounds for any court to invalidate the actions of the Township for which the notice was given.

(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1990, 1/9/1990, §III; and as amended by Ord. 4-2005, 7/20/2005)