Any person, or persons owning or operating a bed and breakfast inn within the Township of Thornbury shall be required to obtain a yearly permit issued by the Code Enforcement Department of the Township upon satisfactory yearly inspection of the premises by the Code Enforcement Officer indicating the premises are in compliance with all applicable State and local codes. The fee for said permit shall be set from time to time by resolution of the Board of Supervisors.

(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1990, 1/9/1990, §IV)

The provisions of this Chapter are severable and if any article, provision, section, sentence, clause, shall be illegal, invalid or unconstitutional, such illegality, or invalidity shall not affect or impair any remaining clause. This Chapter is designed to allow bed and breakfast inns and shall be construed, where possible, in conjunction with any other provision of the Township Zoning Code.

(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1990, 1/9/1990, §V)

In addition to penalties as set forth for the violation of this Chapter, any development performed in violation of the provision hereof shall be restored to its previous condition, including the destruction of any illegal structures.

(Ord. 2-1976, 2/3/1976; as added by Ord. 1-1990, 1/9/1990, §VI)

This Chapter shall be enforced by the Zoning Officer designated by the Board of Supervisors. It shall be his duty to:

A. Enforce the provisions of this Chapter.

B. Accept applications for permits.

C. Issue or deny permits.

D. Identify and register all nonconforming uses.

(Ord. 2-1976, 2/3/1976, §1700; as amended by Ord. 9-1977, 8/8/1977, §2)

A.permit shall be required prior to the erection or alteration of any building, structure, or portion thereof; prior to the use or change in use of a building or land, and prior to the change or extension of a nonconforming use.

(Ord. 2-1976, 2/3/1976,§ 1701)

Applications for permits shall be made to the Township on such forms as may be furnished by the Township. Each application shall contain all information necessary to ascertain whether the proposed erection, alteration, use, or change in use complies with the provisions of this Chapter.

(Ord. 2-1976, 2/3/1976, §1702)

1. No building or use permit shall be issued until the Zoning Officer has certified that the proposed building or alteration and the proposed use of the property complies with all the provisions of this Chapter.

2. Temporary Zoning Permits. The Board of Supervisors is hereby empowered to issue a temporary zoning permit for a limited use or change in use of a building, land or premises for a term not to exceed 30 days, notwithstanding any other Section of this Chapter.

A. An applicant for a temporary zoning permit shall file a written application setting forth all necessary information in the office of the Zoning Officer at least 5 days prior to the next regular meeting of the Board of Supervisors. The Zoning Officer shall place the application on the agenda for consideration of the Board of Supervisors at said meeting.

B. A temporary zoning permit shall only be issued in existent or emergency circumstances, for limited storage, construction purposes or for celebrations or other recreational purposes.

C. A temporary zoning permit may be issued with conditions imposed by the Board of Supervisors in the interest of the safety and welfare of the community. [Ord. 1-1997]

(Ord. 2-1976, 2/3/1976, §1703; as amended by Ord. 1-1997, 3/5/1997, §1)

After the date of adoption of the Zoning Map and of this Chapter, with any changes or amendments thereto, no building or premises or any part thereof shall be used or maintained for any purpose other than a use permitted by this Chapter, with any changes or amendments thereto, and no building shall be erected, enlarged, or maintained except in conformity with the regulations prescribed by this Article, with any changes or amendments thereto, for the district in which the building is located. Existing nonconforming uses and nonconforming buildings are exempt from these provisions to the extent provided in §27-2101 of this Chapter.

(Ord. 2-1976, 2/3/1976, §1704)

1. Purpose. The intent of this Article is to permit and provide for, in accordance with Act 68 of 2000, 53 P.S. §10603, opportunities within Thornbury Township for legitimate forestry activities while at the same time, protecting and preserving the natural resources of the Township and the health, safety, welfare, and morals of its residents and the community.

2. Forestry. Forestry shall be permitted by right within every zoning district within the Township, subject to the following standards:

A. Applicant shall receive a permit from the Township prior to commencing any forestry activities.

B. Applicant shall provide documentation, satisfactory to the Township, detailing the forestry activity to be conducted by the applicant, which shall include, but not be limited to, an environmental impact assessment report ("ETA"). The ETA shall include, at a minimum: photographs of the affected tract, a site plan showing existing conditions and limits of activity, number and types of trees to be removed, management techniques being employed, silviculture principles being implemented, method of restoration and replenishment to be implemented; proof of liability and worker's compensation insurance and the anticipated time-frame for the proposed activity, and such other information as may be required by the Township.

C. Applicant shall detail what measures shall be taken to preserve and protect the safety of persons and property of the Township, its residents and the community during and after the proposed activity.

D. Applicant shall provide such other information and documentation as the Township may require.

E. Applicant shall also verify, under oath, that the contemplated activity shall not be a part of or in contemplation of a land development of the subject property.

F. The Township shall review each application and issue a permit or a written denial within 45 days after the application has been received by the Township.

(Ord. 2-1976, 2/3/1976; as added by Ord. 1-2001, 3/21/2001, §2)

1. There shall be a Zoning Hearing Board consisting of three residents of the Township, appointed by the Board of Supervisors in accordance with Article IX of the Pennsylvania Municipalities Planning Code, 53 P. S. 10901 et seq., as amended. Their terms of office shall be 3 years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Board of Supervisors of any vacancy that occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township.

2. The Board of Supervisors may appoint a resident of the Township to serve as an alternate member of the Board. The term of the alternate member shall be three years. The alternate member shall hold no other office in the Township. An alternate may participate in any proceeding or discussion of the Board, but shall not be entitled to vote as a member of the Board, or be compensated as a member as provided herein unless seated as a member in accordance with the provisions as set forth herein.

3. Any member of the Board may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors, taken after the member has received 15 days advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

(Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, §2301)

1. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall not be less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board, as provided herein.

2. The Chairman of the Board may designate the alternate member of the Board to replace any absent or disqualified member. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate the alternate member of the Board to sit on the Board to reach a quorum. The alternate member so designated shall continue to serve on the Board in all proceeding involving the matter or case for which the alternate was initially appointed, until the Board has made a final decision on the matter or case. The alternate member appointed by the Chairman under this Section shall be the person appointed as an alternate member by the Board of Supervisors under §27-2301.2, above. [Ord. 4-2010]

3. The Board shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors once a year.

(Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, §2302; and by Ord. 4-2010, 6/16/2010, §I)

The Board shall function in strict accordance with and pursuant to §909.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10909.1, and shall have all powers set forth therein including, but not limited to, the following:

A. To hear and decide appeals where it is alleged that the Township Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid rule or regulation governing the action of the Zoning Officer.

B. To hear and decide requests for special exceptions authorized by this Chapter in accordance with the standards for criteria set forth below. The Zoning Hearing Board may attach such reasonable conditions and safeguards, as it may deem necessary to implement the purpose of the Code of Ordinances and this Chapter.

C. To hear requests for variances where it is alleged that the provisions of this Chapter inflict unnecessary hardship upon the applicant. A variance may be granted only after the Zoning Hearing Board has made the findings as required in this Chapter. In granting a variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards, as it may deem necessary as prescribed in §27-2309 to implement the purposes of the Code of Ordinances and this Chapter.

D. To conduct hearings and make such decisions and findings in connection with challenges to the validity of any provisions of this Chapter as authorized by §909 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10909.

E. To exercise jurisdiction over all other proceedings over which the Zoning Hearing Board is given jurisdiction pursuant to the Municipalities Planning Code.

(Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, §2303)

1. The Board may adopt rules of procedure in accordance with the several provisions of this Chapter as to the manner of filing appeals, applications for special exceptions or variances, and as to the conduct of the business of the Board. In all cases the rules of procedure shall be consistent with the Municipalities Planning Code.

2. The Board of Supervisors may employ or contract for secretaries, clerics, consultants, and other technical and clerical services. Members of the Board, including the alternate member when designated in accordance with this Article, may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors.

3. The Board of Supervisors may, by resolution, prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or experts witness costs.

(Ord. 2-1976, 2/3/1976; as amended by Ord. 2-1990, 3/5/1990, §1; and by Ord. 6-2005, 10/5/2005, §2304)

Hearings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if a member is absent or fails to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the Township Secretary and shall be a public record.

(Ord. 2-1976, 2/3/1976; as amended by Ord. 10-1997, 11/5/1997; and by Ord. 6-2005, 10/5/2005, §2305)

Appeals to the Board may be filed by an affected landowner, an officer or agency of the Township or an aggrieved person. Such appeal shall be taken within the time required by the Pennsylvania Municipalities Planning Code by filing with the Township a notice of appeal on a form provided by the Township specifying the grounds thereof. The Township shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. Requests for a variance or special exception may be filed by any landowner, or any tenant with permission of the landowner. The appropriate fee, established by the Township by resolution from time to time, shall be paid in advance for each appeal or application for a special exception or variance.

(Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, §2306)

Public notice of any hearing shall be given as follows:

A. By publishing a notice thereof in a paper of general circulation within the Township consistent with the public notice requirements of the Pennsylvania Municipalities Planning Code.

B. By mailing a notice thereof to the applicant, the Zoning Officer, Township Secretary and any person who has made timely request for same or who shall have registered their names and addresses for this purpose with the Board.

C. By posting notice thereof conspicuously on the affected tract of land at least one week prior to the hearing.

D. 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.

(Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, §2307)

The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements:

A. The first hearing shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time.

B. Each subsequent hearing shall be held within 45 days of the prior hearing unless otherwise agreed to by the applicant, in writing or on the record.

C. The hearing shall be conducted by the Zoning Hearing Board, or the Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the Township may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

D. 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, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

E. The chairman or acting chairman of the Board or the hearing officer presiding shall have 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.

F. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

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

H. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copies or copies. In other cases the party requesting the original transcript shall bear the cost thereof

I. The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

(Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, §2308)

The Zoning Hearing Board shall hear and decide all requests for a special exception, and the Board must determine that the following standards and criteria are met before granting the request:

A. The size, scope, extent and character of the special exception request is consistent with the Comprehensive Plan of the Township and promotes the harmonious and orderly development of the zoning district involved.

B. The proposed special exception is an appropriate use consistent with the character and type of development in the area surrounding the location for which the request is made and will not substantially impair, alter or detract from the use of surrounding property or of the character of the neighborhood in light of the zoning classification of the area affected; the effect on other properties in the area; the number, extent and scope of nonconforming uses in the area; and the presence or the absence in the neighborhood of conditions or uses which are the same or similar in character to the condition or use for which applicant seeks approval.

C. The proposed special exception is suitable with respect to traffic and highways in the area and provides for adequate access and off-street parking arrangements in order to protect major streets and highways from undue congestion and hazard.

D. Major street and highway frontage will be developed so as to limit the total number of access points and encourage the frontage of building on parallel marginal roads or on roads perpendicular to the major street or highway.

E. The proposed special exception is reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police, fire protection, and public schools, and ensures adequate arrangements for the extension of such services and facilities in specific instances.

F. All commercial or industrial parking, loading, access or service areas will be adequately illuminated at night while in use and arranged so as to comply with the requirements of the Code of Ordinances and the Subdivision and Land Development Ordinance [Chapter 22] relating to access and highway frontage.

H. Conditions are being imposed on the grant of the request necessary to ensure that the general purpose and intent of the property adjacent to the area included in the proposed special exception is adequately safeguarded with respect to harmonious design of buildings, aesthetics, planting and its maintenance as a sight or sound screen, landscaping, hours of operation, lighting, numbers of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements.

I. The proposed special exception protects and promotes the safety, health and general welfare of the Township.

J. The proposed special exception shall comply with the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22] and all other applicable governmental regulations.

K. The proposed special exception shall comply with any additional criteria of the Code of Ordinances, to the extent deemed applicable by the Zoning Hearing Board.

(Ord. 2-1976, 2/3/1976; as amended by Ord. 6-2005, 10/5/2005, §2309)