The Board may grant a variance provided that the specifically enumerated criteria set forth in the Pennsylvania Municipalities Planning Code, as follows, are met:

A. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this Chapter in the neighborhood or district in which the property is located.

B. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Chapter and that the authorization of a Variance is therefore necessary to enable the reasonable use of the property.

C. That the unnecessary hardship has not been created by the applicant.

D. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

E. That the Variance, if authorized, will represent the minimum variance that will, afford relief and will represent the least modification possible of the regulation in issue.

In granting any variance the Board may attach such reasonable conditions and safeguards, as it may deem necessary to implement the purposes of this Chapter.

(Ord. 2-1976, 2/3/1976; as added by Ord. 6-2005, 10/5/2005, §2310)

To the maximum extent permitted by law, all burdens of proof and persuasion shall be upon the landowner in connection with any variance, special exception, or other application or appeal before the Zoning Hearing Board. In allowing a variance or special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this Chapter. At a minimum, the Board, when reviewing a special exception or variance, shall consider whether the application, if granted, will:

A. Substantially increase traffic congestion in the streets.

B. Increase the danger of fire or panic or otherwise endanger the public safety.

C. Overcrowd the land or create an undue concentration of population.

D. Impair an adequate supply of light and air to adjacent properties.

E. Be consistent with surrounding zoning and uses.

F. Adversely affect the Township Comprehensive Plan.

G. Unduly burden water, sewer, school, park, or other public facilities.

H. Otherwise adversely affect the public health, safety, or general welfare.

(Ord. 2-1976, 2/3/1976; as added by Ord. 6-2005, 10/5/2005, §2311)

1. The Board or hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days or such other date as the applicant may agree in writing or on the record after the last hearing before the Board or hearing officer. Where the application is contested or denied, the Board shall issue findings of fact and conclusions of law.

2. A copy of the final decision or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the day following the decision.

(Ord. 2-1976, 2/3/1976; as added by Ord. 6-2005, 10/5/2005, §2312)

An appeal of the decision of the Board shall be as provided for in the Pennsylvania Municipalities Planning Code.

(Ord. 2-1976, 2/3/1976; as added by Ord. 6-2005, 10/5/2005, §2313)

1. Any approval of a special exception or variance request 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, use and occupancy permit, sedimentation and erosion control permit, subdivision or land development approval, or any other approval or permit required by the Township to proceed with construction, occupancy, or use pursuant to the special exception or variance, unless so extended by the Zoning Hearing Board.

2. The 12-month expiration period may be extended by the Zoning Hearing Board; provided, that such request for an extension shall be properly filed with the Zoning Officer at least 7 calendar 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 either the circumstances giving rise to the grant of relief 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 12-month extension provided a reasonable argument is presented. No more than one such extension shall be granted per special exception or variance approval.

(Ord. 2-1976, 2/3/1976; as added by Ord. 6-2005, 10/5/2005, §2314)

It is the intent that all provisions of this Article be in conformity with the Pennsylvania Municipalities Planning Code (MPC), as amended. Any future amendments to the MPC shall supersede any contrary provisions of this Article. Any inconsistency between this Article and the MPC shall be governed by the provisions of the MPC at the time.

(Ord. 2-1976, 2/3/1976; as added by Ord. 6-2005, 10/5/2005, §2315)

The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this Chapter, including the Zoning Map, in the following manner:

(Ord. 2-1976, 2/3/1976, §1900)

The Board of Township Supervisors shall refer each proposed change or amendment to the Planning Commission for review and recommendation prior to taking final action on such request. The Planning Commission shall consider whether or not the proposed change or amendment would be, in the view of the Commission, consistent with the purposes and objectives set forth in Article 1.

(Ord. 2-1976, 2/3/1976, §1901)

The Board of Township Supervisors, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on a proposed amendment and cause notice thereof to be given as follows:

A. By publishing a notice thereof once a week for 2 successive weeks in a newspaper of general circulation in the Township.

B. By mailing a notice thereof to every resident or association of residents of the Township who shall have registered their names and addresses for this purpose with the Township. In the case of an amendment proposing a change in the use of land, notice shall be provided in accordance with the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as re-enacted and amended, 53 P.S. §10101 et seq, including notification to the governing bodies of abutting contiguous municipalities providing for the right to appear and comment. [Ord. 1-2001]

C. The notices shall state the general nature of the proposed amendment.

(Ord. 2-1976, 2/3/1976, §1902; as amended by Ord. 1-2001, 3/21/2001, §3)

Any landowner who desires to submit a curative amendment may do so pursuant to the procedures set forth in the Municipalities Planning Code, Article VI, §409.1 and Article X, §1003, 53 P.S. §§10409.1, 11003; provided, however, that insofar as there are costs of hearing such curative amendment, such costs, limited to the initial costs of public notice and stenographic recording and the transcription thereof; shall be borne by the applicant. An initial deposit of $500 shall be made to the Township Secretary-Treasurer, followed by subsequent deposits as such fund is expended. Excess funds upon completion of curative amendment proceedings shall be returned to the applicant.

(Ord. 2-1976, 2/3/1976, §1903)

In case any building is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building or land is used, or any hedge, tree, shrub, or other growth is maintained in violation of this Chapter or any regulations made pursuant thereto, the proper Township authorities, in addition to other remedies provided by law, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, to prevent the use of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

(Ord. 2-1976, 2/3/1987, §2000)

For any and every violation of the provisions of this Chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person, who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be subject to a civil penalty in the amount of $500 for each violation, plus court costs, including reasonable attorneys fees incurred by Thornbury Township. Whenever such persons shall have been officially notified by the Code Enforcement Officer or by service of a civil summons, or in any other official manner, that he is committing- a violation of this Chapter, each day's continuance of such violation after such notification shall constitute a separate offense.

(Ord. 2-1976, 2/3/1976, §2001; as amended by Ord. 9-1977, 8/8/1988, §3; by Ord. 4-1990, 5/7/1990, §1; by Ord. 7-1996, 8/7/1996, §X; and by Ord. 2-2005, 7/6/2005)

If any Article, Section, subsection, paragraph, clause or provision of this Chapter shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Chapter as a whole or any other part thereof.

(Ord. 2-1976, 2/3/1976, §2002)

The provisions of this Article are enacted:

A. To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that the economies so secured may inure to the benefit of those who need homes.

B. To encourage more flexible land development which will respect and conserve natural resources such as soils suitable for agriculture, streams, lakes, floodplains, wetlands, ground water, wooded areas, steeply-sloped area; historic sites and areas of unusual beauty or importance to the natural ecosystem.

C. To provide greater opportunities for better housing, recreation and the conservation of land for all who are or will be residents of the Township.

D. To encourage innovations in residential development and renewal so that the demand for housing may be met by a greater variety in type and design of dwellings, which minimize energy consumption; maximize recycling of materials in their layout, transportation, climate control, energy sources, and solid and liquid waste treatment systems; and conserve land with efficient use of open space ancillary to said dwellings.

E. In aid of these purposes, to provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased flexibility of regulations over land development established hereby is carried out pursuant to sound, expeditious and fair administrative standards and procedures.

(Ord. 2-1976, 2/3/1976; as added by Ord. 18-1977, 8/8/1977; as amended by Ord. 3-1988, 4/27/1988, §501)

As used in this Article, the following words and phrases shall have the meaning indicated below:

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

AVERAGE GROSS RESIDENTIAL DENSITY - the number of dwelling units per acre in a planned residential community, computed by dividing the number of dwelling units that the applicant proposes to construct by the number of acres in the development which are not to be devoted to commercial use, existing and proposed streets, right-of-way areas and service areas. If the developer is required to dedicate land for school sites or other public facilities, such land shall be included in the total land area used in computing maximum permissible average gross density. If he is required to set aside land for such purposes, it shall not be included in the computation of average gross density. If such land is not acquired by the appropriate body by the date of the sale or rental of 51% of the dwelling units in the planned residential development, then, at the option of the Township, the land may be used for residential purposes, subject to the provisions of this Article.

BUFFER AREAS - a natural terrain or landscaped area which is required to ensure a screened separation of land uses, and which may be supplemented by planting strips, defined herein. Shall equal natural buffer area plus planting strip area.

COMPREHENSIVE PLAN - the Comprehensive Plan for Thornbury Township dated November 16, 1972, as amended, revised, or supplemented.

CONSERVATION PLAN - a plan accompanying and forming a part of the prelimi- nary and final plan detailing the developer's measures to be taken for protection of stream channels, steep slopes, floodplains, wetlands, major trees and tree stands, other important natural features, erosion and sedimentation control, and all other information required under §27-2605.7 of this Article.

CONVENIENCE COMMERCIAL - a commercial operation such as a small food market or delicatessen, drug store or newsstand, designed and intended solely to serve the residents of the planned residential development.

DEVELOPER - any landowner, agent of such landowner or tenant having permission from a landowner, who makes or causes to be made an application for approval of a development plan.

DEVELOPMENT PLAN - a proposal for the development of a planned residential development, prepared in accordance with this Article, including a plat of subdivision, location of various uses, all covenants relating to use, location and bulk of building and other structures, intensity of use or density of development, streets, rights-of-ways and parking facilities, open space and public facilities. The phrase "provisions of the development plan" when used in this Article shall mean both the verbal and graphic materials referred to in this planned residential development ordinance. [Ord. 5-1998]

DWELLING UNIT - a room or series of connected rooms wholly used for residential purposes and containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling shall be self-contained and shall not require passing through another dwelling or other indirect route(s) to get to any portion of the dwelling, nor shall there be sharing of facilities with other housekeeping units.

DWELLING UNIT, SINGLE-FAMILY DETACHED - a residential dwelling unit designed to accommodate a single household and having yard space on all sides, but not including mobile homes.

DWELLING UNIT, SINGLE-FAMILY SEMI-DETACHED (TWO-FAMILY, TWIN) - a single-family dwelling unit sharing one common wall with an adjoining single-family dwelling, with each such dwelling having independent outside access, an individual front yard, an individual rear yard, and an individual side yard.

DWELLING UNIT, MULTI-DWELLING STRUCTURE - a building containing three or more dwelling units, including townhouse (single-family attached) and garden apartment (multi-family attached).

DWELLING UNIT, TOWNHOUSE (SINGLE-FAMILY ATTACHED) - a single-family attached dwelling unit, separated by a sound-proof and firewall along a lot line/party wall, extending from the ground to the roof line, having independent outside access from the front and rear of the unit, situated in a building of not less than three units nor more than six units.

DWELLING UNIT, GARDEN APARTMENTS - a building or group of buildings designed as a single architectural and maintenance project that is not greater than 25 feet in height and contains no less than six dwelling units nor more than 12 dwelling units separated by sound-proof party walls. No portion of any such building or buildings below the first floor or above the second floor shall be included as habitable floor area, nor shall there be common hallways. Each unit shall have independent outside access and may share common yard areas.

FINAL PLAN - a complete and exact subdivision or development plan or plat, prepared for official recording as required by statute, that provides all information required under §27-2607.

LANDOWNER - the legal or beneficial owner or owners of land, the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than 40 years or any other person having proprietary interest in the land.

NURSING FACILITY - a facility, which may be age restricted, providing or offering nursing services and other medical services and/or assistance or supervision, skilled or otherwise, as well as other services such as meals, laundry, housekeeping, social and recreational services to the residents of the facility. Facilities providing for assisted living shall be included herein. Facilities for surgical or obstetrical services shall not be considered included under this definition, nor shall hospitals. [Ord. 5-1998]

OPEN SPACE - a common area or areas of land or water or a combination of land and water intended to be left open and free of any buildings or structures, including utilities such as water, sewer and stormwater facilities, not related to open space recreational use, designed either for active or passive use by the residents of the development and/or the Township and which presents no problems of health, safety and general welfare, and which shall consist of landscaped or natural terrain, including lakes, streams, fields, woods, forests, passive recreation and active recreation areas (including, but not limited to, swimming pools, ball fields, trails and pathways), areas of historical significance and tract buffers. Open space shall be substantially free of structures, but may contain such improvements that are in development plans as finally approved, existing sites which are historic in nature or appropriate for recreational use by the residents. Open space shall not include service areas, the convenience commercial area, sewage treatment plants, private yards, street rights-of-way, utility easement areas, setback areas, private yard area or off-street parking areas required for any uses permitted hereunder. Open space shall be deed restricted against any use other than as herein defined. [Ord. 5-1998]

PLANNED RESIDENTIAL DEVELOPMENT (PRD) - a contiguous area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units. Although it shall follow the letter and intent of the comprehensive plan, the development plan of such land does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established by any one residential district created from time to time under the provisions of this Chapter 27. Reference §27-2603.1.

PLANTING STRIP - a landscaped area of the suggested width and length of plant material that is of sufficient density and height so as to constitute an effective visual screen. Such strips can supplement natural buffers and shall be planted with a variety of plant materials so as to be aesthetically pleasing.

PLAT - the map or plan of subdivision and land development, whether sketch, preliminary, or final.

PRELIMINARY PLAN - a tentative subdivision or development plan, less detailed than a final plan, that provides all the information required under §27-2605.

RECREATION PLAN - a plan indicating site improvements to satisfy the active and passive recreational needs of the planned residential development residents.

RESIDENTIAL AREAS - includes private lot area and parking area.

RETIREMENT COMMUNITY - a group of private residential dwelling units specifically restricted to retired or elderly persons, over the age of 55, or in the case of spouses, where at least one spouse is over the age of 55, living independently, without skilled or other nursing care or supervision. Said dwellings may be of any combination of single or multiple family dwelling type as defined in §27-201 of this Chapter. [Ord. 5-1998]

SANITARY SEWER SYSTEM - either a centralized system which is a development- wide system designed to collect, centrally treat and dispose of sewage from the development, or a public system serving a portion of a municipality or municipalities administered by a governmental agency, authority or commission.