1. Existing- vegetation shall be preserved to the maximum extent possible.

2. Landscaping shall be required to screen and buffer as much of the towers, cellular and wireless towers, facilities and equipment as possible, the fence surrounding the towers, cellular and wireless towers, facilities and equipment, and any other ground level features of the cell site, from the abutting properties.

3. Where the cell site abuts residentially developed land, residential zoning districts, public land or streets, the cell site perimeter shall be landscaped with at least one row of deciduous trees, not less than 31/2 inches in caliper, spaced not more than 30 feet apart, on center, and within 25 feet of the cell site boundary, as well as at least one row of evergreen trees or shrubs, at least 14 feet high when planted and spaced not more than 15 feet apart and within 40 feet of the cell site boundary. Alternatives such as walls or solid fences constructed of wood or stone, of at least 8 feet in height may be permitted by the Board of Supervisors based on security or other reasons.

4. In the event that no stealthing techniques are proposed by the applicant, antenna support structure/towers shall be painted gray or have a galvanized finish retained, in order to reduce the visual impact. Notwithstanding the foregoing, all antenna support structure/towers shall meet all Federal Aviation Administration (FAA) regulations. No antenna support structure/tower may be lighted except when required by FAA.

(Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999, §606)

A.security fence shall be required around the cell site, unless the antenna is mounted on an existing structure. The security fence shall be a minimum of 8 feet in height and shall otherwise comply with the height regulations set forth in this Chapter.

(Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999, §607)

If the cell site is fully automated, adequate parking shall be required for maintenance workers, with a minimum of two parking spaces provided. If the cell site is not automated, the number of required parking spaces shall equal the number of people present at the site on the largest shift.

(Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999, §608)

1. In conjunction with any application under this Article, by right or conditional use, a 1 inch equals 50 feet site plan shall be required for all cell sites showing the antenna, antenna support structure/tower, metes and bounds description of the cell site area, fencing, buffering and ingress and egress, as well as construction detail for the cell site improvements.

2. Following conditional use approval, the applicant shall comply with the land development provisions of the Thornbury Township Subdivision and Land Development ordinance, as amended [Chapter 22], as well as all other rules, regulations, and ordinances of the Township.

(Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999, §609)

The cell site shall be maintained and kept in good repair as required by Federal, State and Township ordinances not inconsistent therewith.

(Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999, §610)

Antenna and antenna support structure/towers which are abandoned for more than 6 months, present a danger to the health, safety and welfare of the general public, all abandoned structures shall be removed from any cell site not more than 1 year after abandonment. The cell site owner shall be responsible for any demolition costs related to the antenna and antenna support structure/towers.

(Ord. 2-1976, 2/3/1976; as added by Ord. 4-1999, 6/16/1999, §611)

It is hereby declared as a matter of public policy that the preservation and protection of buildings, structures, and sites of historic, architectural, cultural and archeological merit are public necessities and are in the interests of the health, prosperity and welfare of the residents of the Township of Thornbury. The provisions of this Article are intended:

A. To promote the general welfare by protecting the integrity of the historic resources of the Township.

B. To establish a clear process by which proposed development land use changes affecting historic resources can be reviewed.

C. To discourage the unnecessary demolition of historic resources.

D. To provide incentives for the continued use of historic resources and to facilitate their appropriate reuse.

E. To encourage the conservation of historic settings and landscapes.

F. To promote retention of historical integrity in the context of proposed physical alterations to historic resources and development and land use involving or affecting historic resources.

G. To protect and preserve historic resources in the Township in accordance with §603(b)(5) of the Pennsylvania Municipalities Planning Code, as amended, Act 247 of 1968, as amended (MPC), 53 P.S. §10603(b)(5).

H. To promote and preserve areas of historic significance in the Township in accordance with §603(c)(7) of the MPC, 53 P.S. §10603(c)(7).

(Ord. 3-2005, 7/20/2005)

1. General Provisions.

A. Historic Overlay Concept. The provisions of this Article shall apply to all Class I and Class II Historic Resources, as defined herein and approved by the Board of Supervisors pursuant to a Resolution and identified on the Township Historic Resource Inventory (HRI) pursuant to a Resolution adopted at any time hereafter in accordance with this Article. The regulations and standards established by this Article shall be considered an overlay and shall apply to resources located in every zoning district now or hereafter enacted to regulate the use of land in the Township.

B. Compliance. Any change, alteration or modification in significant part, including demolition (deliberately or by intentional neglect) to a resource identified on the HRI shall occur only in full compliance with the terms of this Article and all other applicable codes, rules and regulations of the Township.

C. For any property containing a resource identified on the HRI, the requirements and opportunities contained in this Article shall supplement and, where expressly authorized, may supersede the otherwise applicable requirements of the underlying zoning district.

D. Should the HRI be revised as a result of legislative or administrative action or judicial decision, the zoning requirements and other regulatory measures applicable to the property in question shall be those of the underlying zoning district without consideration of this Article.

E. The Board of Supervisors shall cause the HRI to be plotted on an official Township Historic Resources Map (HRM) which shall become a part of and be attached to this Article. In the event of conflicting information, the Historic Resource Map shall be instructive, but not binding.

2. Preservation of Other Restrictions. It is not intended by this Article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article imposes greater restrictions, the provisions of this Article shall prevail.

(Ord. 3-2005, 7/20/2005)

When used in this Article, the following terms shall have the meaning as indicated, unless the context clearly indicates otherwise. Terms not defined in this Article shall first have the meanings ascribed to them in the Township Zoning Ordinance [this Chapter] and if not defined therein then as defined in the Township Subdivision and Land Development Ordinance [Chapter 22].

CLASS I HISTORIC RESOURCE - any of the following:

(1) Sites designated by the Secretary of the Interior as National Historic Landmarks.

(2) Buildings, sites, structures, districts and objects listed individually on the National Register of Historic Places.

(3) Buildings and structures classified as "certified historic structures" by the Secretary of the Interior.

(4) Buildings, sites, structures, and objects documented as "contributing resources" in a National Register Historic District.

(5) Resources which have received a determination of eligibility (DOE) by the PHMC.

(6) Buildings, sites, structures, or objects documented as "contributing resources" within any historic district which has received a determination of eligibility (DOE) from the PHMC.

(7) Other historic resource which may have been designated a Class I Historic Resource by the Board of Supervisors on the HRI as provided in this Article.

CLASS II HISTORIC RESOURCE - all historic resources included in the HRI, not otherwise designated as Class I Historic Resources, and approved as such by the Board of Supervisors pursuant to the provisions of this Article.

CONTRIBUTING RESOURCE - a building, structure or site adding to the historic significance of a property, neighborhood or district.

CULTURAL STUDIO - a facility used for providing to the public instruction in the performing arts, limited to dance, music, and theater, and the fine arts, including drawing, painting, photography and sculpture.

DEMOLITION OR DEMOLISH - the razing, destruction or removal, whether entirely or in significant part, of the exterior of a building, structure, or site. Demolition includes the removal of a building or structure from its site or the removal, stripping, concealing or destruction of the facade or any significant exterior architectural features which are integral to the historic character of the resource, for whatever purpose, including new construction, reconstruction or relocation.

HRI - the Thornbury Township Historic Resources Inventory, as may be amended by resolution from time to time by the Board of Supervisors.

HRM - the Thornbury Township Historic Resources Map as may be amended by resolution from time to time by the Board of Supervisors. The HRM shall consist of a plotting of the resources identified on the HRI.

NATIONAL REGISTER - the National Register of Historic Places.

PHMC - the Pennsylvania Historical and Museum Commission.

RESOURCE - any Class I or Class II Historic Resource.

TOWNSHIP - Thornbury Township, Delaware County.

(Ord. 3-2005, 7/20/2005)

1. Resources identified on the HRI shall be classified as either Class I or Class II Historic Resources.

2. Historic resources meeting the definitional criteria, established in this Article, for Class I Historic Resources shall be classified as Class I Historic Resources unless otherwise removed from Class I by action of the Board of Supervisors as provided in this Article. Historic resources not having received formal National Register or PHMC designation may be designated Class I Historic Resources by the Board of Supervisors as provided in this Article.

3. Historic resources meeting the general criteria for designation as historic resources under this Article and not otherwise designated as Class I Historic Resources shall be designated as Class II Historic Resources.

(Ord. 3-2005, 7/20/2005)

1. Property within the Township containing a resource as identified on the HRI and appearing on the HRM on the date of the adoption of this Article shall be subject to the terms of this Article, in accordance with the resource's historic class designation on the HRI.

2. Historic resource may subsequently be proposed for addition to or removal from the HRI, or for a change in classification (Class I or Class II) by the owner of such historic resource, by the Historical Commission, by the Board of Supervisors, or as otherwise provided in this Article.

3. The receipt by the Township of written notification from the designating organization (PHMC or National Register) that any resource no longer meets the criteria upon which its classification has been based shall be treated as a proposal for a change in classification of that resource (i.e., from Class I to Class II) or for its removal from the HRI.

4. Any proposal for addition to or removal from the HRI, or for a change in classification (Class I or Class II), shall be considered by the Township in accordance with the following procedure:

A. Upon receipt, any proposal regarding historic resource classification shall be referred to the Historical Commission and the Planning Commission, which shall each hold a public meeting thereon. The Historical Commission and the Planning Commission may hold a joint meeting on the proposal to satisfy the meeting requirements of this Section.

B. Unless the proposal is made by the owner(s) of the subject historic resource, such owner(s) shall be notified, in writing, and provided with a copy of said proposal, upon receipt of a proposal affecting the owner's property, and the owner(s) shall be invited to respond to such proposal within 15 days of receipt thereof.

C. Regardless of the identity of the person submitting the proposal, at least 30 days before holding a public meeting to consider the proposal, the Historical Commission and/or the Planning Commission shall send notice to the owner(s) of the affected property. Such notice shall indicate the date, time and place of the public meeting(s) at which the Historical Commission and/or the Planning Commission will consider the proposal. Notice shall be sent by certified mail to the registered owner's last known address as the same appears in the real estate tax records of the Township Treasurer and sent to the "owner" at the street address of the property in question.

D. Any interested party may present testimony or documentary evidence regarding the proposal at the public meeting(s), describing how or why the subject property meets, or fails to meet, the criteria for designation or classification as set forth in this Article. Such evidence may be presented in person at the public meeting(s) held to consider the proposal or may, alternatively, be submitted in writing to the Township prior to said meeting(s).

E. The Historical Commission and the Planning Commission shall each present a written report to the Board of Supervisors within 60 days following the public meeting(s) stating its recommendation regarding the subject proposal, based upon the criteria established herein. A property or resource shall be recommended for removal as a Class I Historic Resource if it does not currently meet the definitional criteria set forth in this Article or is not deemed by the Historical Commission and the Planning Commission to be of similar historical significance based on the evidence presented at the public meeting. Properties no longer designated as Class I Historic Resources shall remain on the HRI as Class II Historic Resources unless removed from the HRI altogether. A property or resource shall be recommended for removal from the HRI if it does not currently meet the criteria for designation as a Class I or Class II Historic Resource. The report to the Board shall include a summary of the information and copies of all documents presented at the public meeting(s). The Historical Commission and Planning Commission may submit a joint report to the Board of Supervisors in satisfaction of their obligations under this Section.

F. Based upon the criteria set forth herein and after receiving the recommendations of the Historical Commission and the Planning Commission, the Board of Supervisors shall from time to time, by Resolution or as otherwise permitted by law, add or delete structures, buildings, sites, districts and objects to or from the HRI and/or change the designation of existing resources. Written notice of the action of the Board of Supervisors shall be given to the property owner and to any person who requests notification.

(Ord. 3-2005, 7/20/2005)

1. A structure, site or object, or a group or combination of same, may be placed on the HRI (and the HRM) if it meets one or more of the following criteria.

A. Has significant character, interest or value as part of the development, heritage or cultural characteristics of the Township, Delaware County, the Region, Commonwealth or Nation, or is associated with the life of a person significant in the past.

B. Is associated with an event of importance to the history of Thornbury Township, Delaware County, the Region, Commonwealth or Nation.

C. Embodies an icon associated with an era characterized by a distinctive architectural style.

D. Embodies distinguishing characteristics of an architectural style or engineering specimen.

E. Is the noteworthy work of a designer, architect, landscape architect or engineer whose work has significantly influenced the historical, architectural, economic, social, or cultural development of the Township, Delaware County, the Region, Commonwealth or Nation.

F. Contains elements of design, detail, materials or craftsmanship which represent a significant innovation.

G. Is part of or related to a commercial center, park, community or other distinctive area which should be preserved according to an historic, cultural or architectural motif.

H. Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community or the Township.

I. Has yielded, or may be likely to yield, information important in pre-history or history.

J. Exemplifies the cultural, political, economic, social or historical heritage of the community or the Township.

2. In order to receive the designation as a Class I Historic Resource, the structure, site, or object, or group or combination must also satisfy the definitional criteria of a Class I Historic Resource. (Ord. 3-2005, 7/20/2005)