1. An application for final approval may be for all the land included in a development plan or, to the extent set forth in the preliminary approval, a section thereof. Said application shall be made to the Board of Supervisors and within the time or times specified by the official written communication granting preliminary approval or in §27-2606 of this Article. If the application for final approval is in strict compliance with the preliminary approved development plan, a public hearing need not be held.

2. The application for final approval shall be executed by or on behalf of the landowner/applicant and filed with the Township Subdivision Coordinator. A deposit in the amount specified in the Township resolution covering fees shall be paid upon filing the application to be applied against such expenses, and additional deposits shall be made from time to time as requested by the Township to be applied against the expenses of processing the application, not to exceed actual expenses incurred by the Township. A sufficient number of copies of the application shall be submitted to provide for the forwarding for review.

3. The application for final approval shall consist of updated and/or revised plans and accompanying written documents and reports from the sketch and preliminary plan stages. These modifications shall illustrate all changes and include the following information in the specified format:

A. The Plan. The final development plan shall be at scale of 1 inch to 50 feet, or with Board of Supervisors approval, 40 feet. The original drawing and all submitted prints thereof shall be made on sheets of the size acceptable to the Recorder of Deeds of Delaware County for filing in that office as such office may from time to time prescribe. Where necessary, to avoid sheets longer than the maximum sections accompanied by a key diagram showing relative location of the sections. All plans shall be clear and legible white prints of an ink drawing and shall include the following information:

(1) Development name or identifying title.

(2) Municipality in which the development is located.

(3) North point, scale, and date.

(4) Name of record owner and developer.

(5) Name and seal of the registered professional engineer or surveyor responsible for the plan.

(6) Boundaries of the tract determined by accurate survey in the field which shall be balanced and closed with an error of closure not to exceed 1 foot in 10,000.

(7) Property lines (if any) within the development.

(8) Lot areas (if any) to 1/1,000 of an acre.

(9) Street lines, lot lines, rights-of-way, easements, and areas dedicated to or proposed to be dedicated to public use. Profiles for all streets and for proposed sanitary and storm sewer mains, inlets and manholes, location of all utilities.

(10) The length of all straight lines, radii, lengths of curves and tangent bearings for each street.

(11) All dimensions and angles or bearings of lines of each lot and of each area proposed to be dedicated to public use.

(12) The setback lines for each building.

(13) Location and width of all private driveways and all parking facilities.

(14) Names proposed to be given to all streets.

(15) Location of all structures.

(16) Number of lots.

(17) Number of dwelling units by type and, where applicable, the number, location and square footage of areas to be devoted to nonresidential use.

(18) Architectural drawings and elevations to scale of all buildings, said drawings to bear seal of architects.

(19) A key map showing the relationship of the property being developed to surrounding properties, such map to be drawn at a scale of 1 inch equals 600 feet and showing all streets, roads, municipal boundaries, subdivisions, and adjoining properties within 1,000 feet of any part of the property. In the case of development of a section of the entire tract, the key map shall show the relationship of the section to the entire tract.

(20) Total property area of the entire development tract and, in the case of development in sections, the size of the section for which plans are submitted. This also shall include a breakdown of the area into total residential area, total commercial area, and total active and passive open space.

(21) All permanent monuments.

(22) Existing and proposed contours at vertical intervals of 5 feet, including location and dimensions of all cut and fill.

(23) All existing watercourses, floodplains, wetlands, steep slopes, tree masses, and other significant natural features.

(24) Finalized conservation plan and sedimentation and erosion control strategy.

(25) Finalized landscaping plan.

(26)Finalized recreation plan.

B. The Documentation. The application for final approval shall also be accompanied by:

(1) Statement of any deviations or departures from the conditions of preliminary approval.

(2) Finalized traffic impact statement.

(3) Finalized environmental impact statement.

(4) Copies of deed restrictions and/or easements, if any.

(5) Information or provision for and maintenance of water supply and sewage disposal including copies of permits obtained under authority of statutes of the Commonwealth.

(6) An affidavit that the applicant is the owner of the land proposed to be developed.

(7) Offers of dedication and covenants governing the reservation and maintenance of undedicated open space, provided that all such offers of dedication and covenants shall bear the certificate of approval of the Township Solicitor as to their legal sufficiency.

(8) Within 30 days after approval and before the issuance of any building permits, the applicant shall deliver to the Township Secretary a performance bond in the amount of 120% of all improvements required under these regulations as estimated by a registered professional engineer designated by the Township. If the planned residential development is to be developed in stages as hereinbefore mentioned, a similar performance bond must be delivered before the building permit in each succeeding stage can be issued. In addition the performance bond must state an agreed upon completion date for the projects at which time the Township may require the forfeiture of the bond, should the project or any portion be incomplete. The form of the performance bond and the surety shall be subject to the approval of the Township Solicitor. An escrow in the same amount and approved by the Township Solicitor may be substituted for the performance bond at the election of the applicant. Failure to satisfy this requirement shall withdraw the approval of the plan submitted by the applicant.

(9) A statement duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the owner or owners of the property to the effect that the development as shown on the application for final approval is made with his or their free consent and that it is desired to record the application and accompanying documents upon their approval.

(10) Whenever a developer proposes to establish a street which is not offered for dedication and not required to be offered for dedication, he shall submit the copy of statements co-signed by the Township Solicitor that he has made an agreement on behalf of his heirs and assigns with the Township. Said agreement shall be subject to the Township Solicitor's approval and shall be recorded with the plan. Said agreement shall establish the conditions under which the streets may later be offered for dedication and stipulate among other things that:

(a) The street shall be in a good state of repair as certified by the Township Engineer, or that the owner or owners of the lots along it agree to include with the offer of dedication sufficient money, as estimated by the Township Engineer, to restore the street to conform with Township specifications.

(b) An offer to dedicate the street shall be made only for the street as a whole.

(c) The method of assessing repair costs shall be as stipulated.

(d) Where applicable agreement to offer the street for dedication by the owners of 60% of the lots shall be binding on owners of the remaining lots.

4. In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof; and as required by this Article of the official written communication of preliminary approval, the Township shall, within 45 days of such filing, grant such development plan final approval.

5. In the event the final development plan as submitted contains variations from the development plan given preliminary approval, the Board of Supervisors may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:

A. Refile his application for final approval without the variations objected.

B. File a written request with the Board of Supervisors that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing as prescribed in this Article for public hearings on applications for preliminary approval. Within 30 days after the conclusion of the hearing, the Board of Supervisors shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this Article, be in the form and contain findings required for an application for preliminary approval set forth in this Article.

C. A final development plan, or any part thereof; which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the final development plan, the Zoning and Subdivision regulations otherwise applicable to the land included in such plans shall cease to apply thereto. Pending completion within a reasonable time of said planned residential development or of that part thereof; as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof; as finally approved, shall be made except with the consent of the landowner.

7. In the event that a final development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board of Supervisors in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development within 2 years after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to this Chapter.

(Ord. 2-1976, 2/3/1976; as added by Ord. 18-1977, 8/8/1977; as amended by Ord. 3-1988, 4/27/1988, §507)

In recognition of the quasi-public nature of wireless communications, cellular communications and personal communications services systems, and the Federal Telecommunications Act of 1996, the following special regulations shall apply.

(Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999, §600)

The purpose of this Article and the standards established hereunder is to govern the use, construction and facilities siting of towers, cellular and wireless towers, facilities and equipment, so as:

A. To accommodate the need for wireless communications, cellular communications and personal communications services towers, cellular and wireless towers, facilities and equipment while regulating their location and number in the Township.

B. To minimize adverse visual effects of towers, cellular and wireless towers, facilities and equipment through careful design, siting and vegetative screening.

C. To avoid potential damage to adjacent properties from, among other things, antenna support structure/tower failure and falling ice and debris through engineering and careful siting of antenna support structure/towers.

D. To maximize the use of any new or existing antenna support struc- ture/towers or other tall structure(s) so as to reduce the number of antenna support structure/towers needed in the future.

(Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999, §601)

The following terms, used in this Article, shall be interpreted as follows:

ANTENNA - any device or mechanism used in the collection, transmitting, routing or receiving of telecommunications transmissions, radio signals or radio frequency energy including, but not limited to, use by or in the provision of wireless communications, cellular communications and personal communication services.

ANTENNA HEIGHT - the vertical distance measured from the base of an antenna support structure/tower at grade to the highest point of the antenna support structure/tower, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

ANTENNA SUPPORT STRUCTURE/TOWER - any pole, telescoping mast, monopole, tower, tripod or any other structure which supports or has attached to it, an antenna or antennae.

CELL SITE - a tract or parcel of land that contains the wireless, cellular or personal communications service antenna, its antenna support structure, accessory buildings) and parking, and may include other uses associated with and ancillary to providing wireless communications, cellular communications or personal communications services.

TOWERS, CELLULAR AND WIRELESS TOWERS, FACILITIES, AND EQUIPMENT - includes, but is not limited to antenna, antenna support structures, and cell sites.

(Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999, §602)

1. A cell site may be permitted in the following zoning districts by conditional use subject to the approval of the Board of Supervisors and provided the application shall otherwise comply with this Article and the use regulations of the applicable zoning district wherein the cell site is to be located. Except as otherwise specifically set forth herein to the contrary, cell sites shall not be located in any residential zoning district within the Township.

A. Institutional District.

B. Limited Industrial District.

C. Municipal District, excluding park land.

D. Any existing telephone pole owned or operated by a public utility, except when located in a residential zoning district.

E. Existing tall structures within any zoning district including residential, provided that the antenna shall be affixed to the existing tall structure. This provision shall not include nor permit the erection of an antenna support structure within a residential zoning district.

2. Cell sites may be located on a lot which already contains an existing principal use, and the minimum lot size required in the underlying district shall apply to the tract but shall not be required for each principal use; however, the cell site must comply with the minimum setback requirements set forth herein below.

(Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999, §603)

1. A cell site with antenna that is to be attached to an existing- wireless communications, cellular communications or personal communications services tower, smoke stack, water tower or other similar tall structure, together with any antenna support structure/tower, shall not exceed the height of the existing structure by more than 15 feet.

2. A cell site with antenna that is not to be mounted on an existing antenna support structure/tower, shall not have an antenna height or tower height in excess of 180 feet.

3. All other uses ancillary to the towers, cellular and wireless tower, facilities and equipment (including, but not limited to, a maintenance depot, etc.) are prohibited from the cell site unless otherwise permitted in the zoning district in which the cell site is located. Such other ancillary uses shall not be considered accessory uses.

4. Setbacks from the base of any new antenna support structure/tower to be constructed (as opposed to mounting the antenna on an existing tall structure), shall be the minimum distance between the base of the support structure or any guide wire anchors and any property line, right-of-way line, or zoning district buffer area, and shall be the largest of the following:

A. The minimum setbacks in the underlying zoning district.

B. One foot of horizontal distance for every 1 foot of height of the proposed antenna support structure/tower.

5. Any provisions of this Chapter or any other Township ordinance which are not addressed hereunder, shall remain in effect and shall not be considered altered or modified by this Article, and shall apply to the proposed towers, cellular and wireless tower, facilities, and equipment.

(Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999, §604)

1. The following standards shall apply to all towers, cellular and wireless towers, facilities and equipment:

A. The applicant shall demonstrate, using accepted technological evidence, that the antenna and antenna support structure/tower must be located where proposed in order to satisfy its function in the applicant's grid system.

B. If the applicant proposes to build an antenna support structure/tower, applicant shall provide written evidence that it first contacted the owners of tall structures within a quarter mile radius from the proposed cell site, requested permission to install the antenna on those structures and was denied for reasons other than reasonable economic ones. Tall structures shall include, but not be limited to, smoke stacks, water towers, buildings in excess of 6 stories, antenna support structure/towers of other wireless communications, cellular communications and personal communications service providers, other communications towers (fire, police, etc.) and other similar tall structures.

C. The applicant shall demonstrate that the antenna height is the minimum required to function satisfactorily. No antenna height taller than this minimum height shall be approved, unless the applicant provides proof that another provider of wireless, cellular or personal communications services has already agreed to co- locate on the applicant's antenna support structure/tower at a greater height than is required by the applicant.

D. The applicant shall demonstrate that the proposed antenna and antenna support structure/tower are: safe; that the surrounding properties will not be negatively affected by antenna support structure/tower failure, falling ice or other debris, electromagnetic fields, or radio frequency interference; and that the application will not otherwise be detrimental to the health, safety and welfare of the neighbors and the community. All antenna support structure/towers shall be fitted with anti-climbing devices, as approved by the manufacturers.

E. In order to reduce the number of antenna support structure/towers needed in the Township in the future, the proposed antenna support structure/tower shall be required to accommodate, where possible, other users, including other wireless communication, cellular communication and personal communication service providers companies, and local police, fire and ambulance companies. Applicants shall provide evidence that all other authorized users have been contacted by the applicant with an offer of co-location on the applicant's proposed antenna support structure/tower. In the event that co-location is not proposed by the applicant, the applicant shall provide stealth alternatives for consideration by the Township, which alternatives are designed to limit the visual impact of the antenna support structure on the Township and community.

F. The applicant must demonstrate that it is licensed by the Federal Communications Commission, to provide wireless communications, cellular communications and/or personal communications services.

G. Antenna support structure/towers shall be designed and constructed to all applicable standards of the American National Standards institute and similar standards where such standards are greater than those of this Article, or not addressed hereunder.

H. Antennae and antenna support structure/towers shall be designed to withstand wind gusts of 100 miles per hour.

2. In evaluating- an application for a conditional use, the Board shall require the applicant, in addition to the foregoing, to provide any necessary information to insure that:

A. The proposed use is consistent with the purpose of this Article and the overall purpose of this Chapter.

B. The proposed use will satisfy all of the relevant provisions and require- ments of the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22] and any other applicable ordinance, code and/or regulation.

C. The proposed use and its location are consistent with and responsive to the Comprehensive Plan, in particular, the plans for land use, circulation, community facilities, utilities, and the map depicting areas of environmental concern.

D. The proposed use will not adversely effect the health, safety, morals and general welfare of the Township.

E. The proposed land use is consistent with the nature of the land uses existing on any immediately adjacent properties; and, it will not detract from or cause harm to neighboring properties and will be properly maintained.

F. The proposed use is located in an area or areas for which the site is suited.

G. The proposed use, where applicable, will be served by public water and public sewer where and when available, and will not have a negative effect to the public services and utilities of the surrounding properties.

H. Proposed construction will be consistent with sound design, engineering and land development practices.

I. The proposed use will provide safe and adequate access to roads (existing or proposed) and will not result in excessive traffic volumes, and will involve improvements which may be needed to guarantee compatibility with adjacent roads.

J. The proposed use will provide for effective sanitation.

K. The proposed use will create the required screening and landscaping as required in this Article and the Thornbury Township Subdivision and Land Development Ordinance [Chapter 221.

L. The proposed use, as depicted in the plans for subdivision and/or land development, includes proposals for landscaping, in addition to that required as stated above, in areas such as the entrance, along property boundaries, in areas which are highly visible, such as along roads, walks or trails and in other places where the use of trees, shrubs and ground cover would be functional and appropriate.

M. The proposed use will be properly sited, and not be disruptive to streams, ponds, wetlands and vegetation within the Flood Hazard District and the Steep Slope Conservation District.

N. The proposed use will provide for adequate off-street parking and loading in accordance with this Article and this Chapter.

O. The proposed use will be developed using stormwater management techniques, and soil erosion and sedimentation control techniques in accordance with prevailing regulations.

3. The Board may impose such conditions as are necessary to insure any or all of the above standards and criteria are met as well as compliance with all other relevant ordinances, regulations, and codes. The Board of Supervisors may modify setback requirements where deemed necessary in the public interest.

4. Procedures for Conditional Use.

A. If requested by the Board of Supervisors, the Planning Commission shall perform a review and provide a recommendation to the Board of Supervisors concerning the grant of approval or disapproval of the proposed use. If requested, such review shall be conducted and a written report submitted to the Board of Supervisors within 30 days of the date of the first Planning Commission meeting following the date the plan has been filed. The Planning Commission shall discuss the application at, at least, one of its regularly scheduled public meetings during the review period.

B. The Board of Supervisors shall schedule and conduct a public hearing(s) on the application within 60 days of the acceptance of the application, unless the applicant has agreed, in writing or on the record, to an extension of time. Within 45 days following the last hearing on the application, the Board of Supervisors, shall render a written decision, or when no decision is called for, make written findings on the application. In cases where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions of law based thereon, together with any reasons therefore, and shall otherwise be in accordance with the provisions of the Municipalities Planning Code. The Board of Supervisors may attach such reasonable conditions and safeguards, in addition, to those expressed in the Article, as it may deem necessary to implement the purpose of this Article.

5. The grant of approval by the Board of Supervisors for a conditional use shall in no way release the applicant from his/her obligation to comply with the applicable provisions of this Article, the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22], and any other applicable Township, State and Federal regulations.

(Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999, §605)