The provisions of this article are enacted in order:
A. 
To recognize the need to direct increasing urbanization to appropriate locations in the Township;
B. 
To accommodate for housing of all required forms at a scale and design configuration which compliments the semi-rural, open character of the Township;
C. 
To encourage desirable innovations in residential and nonresidential design which preserve and incorporate the agricultural, natural, scenic, historic and open space resources of the Township;
D. 
To provide uniform procedures which relate the type, design and layout of a unified development to the particular physical characteristics of site;
E. 
To establish design provisions which allow for flexible lot layout and more efficient use of land and open space than is afforded under conventional zoning;
F. 
To prolong the effective life of community services and facilities, maintain fiscal solvency of the Township and protect property values within the Township;
G. 
To develop large tracts of land in accordance with Article XIV, Natural Resource Protections; and
H. 
To further implement the goals and objectives of the Township's Comprehensive Plan and the Open Space, Recreation and Environmental Resources Plan.
The provisions of this article shall be interpreted in relation to the goals and objectives of the Thornbury Township Comprehensive Plan. Every development plan for approval of a PRD shall be based and interpreted in relationship to the Comprehensive Plan. Specifically, the development plan shall be designed to:
A. 
Guide and encourage the future development of Thornbury Township in accordance with Comprehensive Planning of land use and population density that represents the most beneficial and convenient relationship among the agricultural, residential, commercial and other areas within the Township, having regard to their suitability for the various uses appropriate to each of them and their potential for such uses;
B. 
Minimize the grading or other alteration of the site, in order, among other things, to prevent soil erosion and to conserve important vegetative and scenic resources;
C. 
Protect the character and the social and economic stability of the Township and encourage orderly and beneficial growth;
D. 
Protect and conserve the value of land and buildings throughout the Township appropriate to the various uses proposed;
E. 
Aid in bringing about the most beneficial relationship between land use and the traffic circulation patterns throughout the Township, having particular regard to the avoidance of congestion in the roads and the provision of safe and convenient access appropriate to the various land uses;
F. 
Aid in providing a guide for public policy and action in the efficient provision of public facilities and services, in the provision of safe and proper sanitary sewage disposal;
G. 
Protect and preserve historic resources as shown on the Thornbury Township Historic Resources Map[1]; and
[1]
Editor's Note: Said map is on file in the Township offices.
H. 
Protect and conserve those resources mapped in the Open Space, Recreation and Environmental Resources Plan and in particular the water resources (Map 2), steep slopes (Map 3) and biotic resources (Map 4).[2]
[2]
Editor's Note: Said maps are on file in the Township offices.
The following conditions shall be satisfied prior to the consideration of the Board of Supervisors on any application request for a PRD:
A. 
The tract of land so developed shall be in single ownership or, in the case of multiple ownership of the tract, the application shall be filed jointly by all of the owners of the tract and, in any case, it shall be agreed that the tract will be developed, within the time limits specified by the Board, under a single direction and in the manner approved;
B. 
The tract shall be located entirely in the PRD District;
C. 
Tract size.
(1) 
A tract in the PRD District shall have a minimum contiguous area of 100 acres. In the event that the minimum tract acreage in the PRD District is not contiguous due to separation by one or more public roads or public rights-of-way, such separation shall not preclude development of the tracts as a PRD if they are developed in a unified manner as a single PRD.
(2) 
Those portions of the tract encumbered by land conservancy easements or similar easements requiring the eased land to be maintained as open space or parkland shall not be included in the tract area for purposes of the calculation of density of dwellings.
D. 
All PRDs shall have primary access onto a designated collector road;
E. 
The tract shall be served by either an approved community or public water and community or public sewer systems;
F. 
Soil and subsoil conditions must be suitable for excavation and site preparation and for on-site water systems, where applicable;
G. 
Impact studies shall be developed in accordance with § 155-704 and made part of the application for tentative plan approval so that existing and possible negative impacts will be mitigated;
H. 
The development will preserve and incorporate a limited visibility of the proposed development into the proposed landscaping, to the maximum extent possible, taking into consideration natural features such as topographic conditions, ponds, streams, tree stands, shrubs and other vegetation;
I. 
The topography of the tract of land and its drainage shall be suitable for the proposed development, with consideration given to preventing soil erosion;
J. 
All dwelling units shall have direct access to internal streets within the proposed PRD; and
K. 
The application shall provide a minimum of 40% open space.
In order to facilitate a comprehensive review of site suitability, the following standards shall be applied to sites being considered for a PRD except wherein 25 acres are developed for mobile homes, wherein the mobile home ordinance standards shall apply:
A. 
Modification of otherwise applicable standards.
(1) 
The uniqueness of each proposal for PRD may require that the standards and specifications in the other parts of this chapter and/or Chapter 115, Subdivision and Land Development, may be subject to modification for such features as: the width and surfacing of the streets and highways; alleys; public utilities; curbs; gutters; sidewalks; pathways/trails; streetlights; public parks and playgrounds; school grounds; stormwater drainage; water supply and distribution; sanitary sewers and sewage collection and treatment; parking spaces and areas; and setbacks and separations of structures in relation to each other and property lines.
(2) 
The Board of Supervisors may modify certain standards and specifications, provided that the modifications of such standards and specifications are: consistent with the public interest; consistent with the purpose and intent of this chapter; and that such modification represents the least change to the chapter. Where there is conflict between standards and specifications of this article and other ordinance provisions, the Board of Supervisors shall determine which ordinance provisions will prevail; and where not specifically modified by the Board of Supervisors, the provisions of the other parts of this chapter and Chapter 115, Subdivision and Land Development, shall fully apply to developments under this article.
B. 
General tract considerations. In order to determine which areas of a prospective tract are suitable for development and which areas should remain in open space, a thorough analysis of the natural and man-made resources of the site shall be mapped and described in a written report. The Township shall require site design proposals to address the results of these analyses in a way which will conserve natural resources. The analysis shall include the following inventory:
(1) 
Natural features such as lakes, streams, wetlands and wooded slopes to be preserved and incorporated into the proposed landscaping of the development plan to the maximum extent possible. The applicant shall demonstrate the means whereby trees and other natural features shall be protected during construction. The location of such trees and other natural features must be considered when planning and designing such features as: common open space, locations of buildings, underground utilities and services, sidewalks, pathways, paved areas and finished grade levels.
(2) 
An analysis of the watershed in which the tract is located, including site-specific analysis of water resources such as streams, drainage swales, floodplain areas, wetlands and areas with high water table soils. Water bodies shall be preserved in their natural state and incorporated into the design of the development.
(3) 
An analysis of rock formation characteristics underlying the tract, including aquifers, areas of shallow soil and rock outcroppings and areas which are unsuitable to serve as foundation materials.
(4) 
An analysis of the terrain of the tract, including the mapping of elevation in at least twenty-foot bands on a topographic elevation map and the delineation of slope into the following categories: 0% to 15%, 15% to 25% and over 25% slope. The mapping of slopes shall be performed using a two-foot contour interval aerial or field-derived topographic survey. All moderate and steep slopes shall be mapped. However, restrictions on use of the slopes shall apply whenever three or more consecutive two-foot contours (six cumulative feet or more) are impacted. Slopes exceeding 25% shall be reserved in their natural state. Seeding, sodding and other plantings shall be applied to stabilize steep slopes and to enhance the appearance of open areas.
(5) 
Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Township shall be required.
C. 
General design guidelines. The following guidelines shall apply:
(1) 
All housing shall be designed with regard to the topography and natural features of the site. All proposed building locations shall be set back at least 10 feet from slopes in excess of 25%, floodplain areas and wetlands. In addition, all proposed building locations shall be free of high water table soil types and unstable geologic formations. The effects of prevailing winds, seasonable temperature and hours of sunlight on the physical layout and form of the proposed development shall be demonstrated.
(2) 
Variations in the building design shall be required to create architectural interest in the layout and character of dwellings. Such variations may be achieved, among other ways, through the design of buildings to include such features as porches, courtyards or atrium spaces formed by attached dwellings or multifamily buildings and arcade/foyer spaces formed by nonresidential buildings.
(3) 
All dwellings shall be designed to ensure natural light and ventilation, while affording maximum privacy.
(4) 
Access to vehicular parking and pedestrian walks shall be convenient to dwellings without creating a nuisance or detracting from privacy of residents. All dwellings shall be served by local streets.
(5) 
The entire perimeter of the tract(s) to be developed shall include a landscape buffer in accordance with this article. However, if the Design Review Committee determines that sufficient existing vegetation and/or topography buffer and screen views of the proposed development, the buffer requirement may not be required. All proposed residential principal structures shall be set back from the tract boundary a minimum distance of 100 feet, and all proposed residential accessory structures shall be set back at least 50 feet from the tract boundary, both of which shall be measured from the adjacent property lines, or, in the case of a street, alley, roadway or highway, from the ultimate right-of-way lines.
(6) 
Dwelling units and lots shall be clustered to minimize the disruption of the site and to provide for an adequate open space design.
(7) 
This article is intended to encourage good quality development by taking into consideration the appearance of all elevations and layouts of buildings and external spaces and materials used therein. The Design Review Committee shall evaluate the quality of development proposed and may make recommendations to the Board to improve such quality.
(8) 
Lots, buildings, roads and other structures shall be grouped into clusters so as to create a sense of neighborhood. A sense of neighborhood shall be achieved by incorporating the following features into the development plan: a neighborhood center; parks, playgrounds or other recreation facilities within a one-fourth-mile radius of a group or cluster of dwellings; a street, sidewalk and pathway system designed in an integrated manner and leading to and from the neighborhood center; and parking on the side and rear of buildings in the neighborhood center so as to create and promote pedestrian space between the building façades and the street lines.
(a) 
A sense of neighborhood may also be created by the design and placement of dwellings and structures in the form of a traditional neighborhood with: buildings 25 feet from the street line and detached garages accessible from a rear service alley; front porches; street trees; sidewalks on both sides of the street; and pathways leading to parks and a neighborhood center.
(9) 
Development shall be located on areas of the tract to minimize the disruption of sensitive environmental features such as hedgerows, woodlands, steep slope areas and water bodies. These features shall be incorporated into the common open space to provide visual screening between clusters. Clusters of lots shall be defined and separated by common open space in order to allow direct access to open space and recreational facilities. The common open space between clusters shall have a minimum width of 100 feet. A minimum setback of 20 feet from the exterior walls of all multiple-dwelling structures shall be achieved in order to define the boundary of the common open space close to proposed buildings.
(10) 
All areas designed for open space and recreational use shall also conform to § 155-709.
(11) 
Historic resources, as shown on the Thornbury Township Historic Resources Map,[1] shall be protected and, when not proposed as a residence, shall be preserved in a setting surrounded by open space. The applicant's proposal for protection and preservation shall include provisions for future ownership and maintenance approved by the Design Review Committee.
[1]
Editor's Note: Said map is on file in the Township offices.
(12) 
Eighty percent of the area of the minimum required lot size shall be outside areas subject to floodplain management, wetlands, steep slopes, and stormwater management basins. For purposes of this regulation, the area of a stormwater basin shall be calculated by measuring the area of the water surface within the basin projected to exist at the level of the basin overflow. Every lot shall be free of wetlands, floodplains and steep slopes. Whenever this subsection conflicts with any other provision of this section, the stricter regulation shall apply.
D. 
Optional sketch plan review and discussion.
(1) 
Although optional, the applicant is strongly urged to submit a sketch plan for review and discussion with the Township.
(2) 
The sketch plan shall embody and be accompanied by maps, plans and other data to express: the general tract considerations as set forth in § 155-703B above and the general design guidelines of § 155-703C above, except that the contour interval for slope mapping may be at 10 feet.
(3) 
The sketch plan shall include typical elevations of the proposed buildings.
(4) 
The sketch plan review and discussion process is intended to provide the Thornbury Township Board of Supervisors, Planning Commission and Design Review Committee with an opportunity to engage in a meaningful analysis of design issues, alternatives and options.
(5) 
Through the review and discussion of the sketch plan, the applicant and the Township can explore conceptual design solutions for ingress/egress, vehicular and pedestrian circulation, open space, recreational areas, the use of developable areas, the relationship of developable areas to one another, the location and form of the design to create a sense of neighborhood and other matters.
The applicant shall be responsible for the preparation of the following impact studies. These studies shall be submitted as part of the application for tentative plan approval. This supporting data shall be designed to assist the Township in the review of the proposal and offer documentation on how negative impacts associated with the project shall be minimized and mitigated.
A. 
Traffic impact study. The applicant shall hire a Transportation Engineer/Traffic Consultant to prepare said study with the approval of the Township. The study shall follow current PennDOT guidelines for such studies and the methodology shall be subject to Thornbury Township review and approval. The study area shall include all intersections within 2,000 feet of the tract and any other major intersections as recommended by the Planning Commission. The study shall assess the impact of a proposed development on the highway network and Township roads, to identify traffic problems associated with the proposed development, to identify potential solutions and to present improvements to be incorporated into the project design. Mitigating measures shall include methods of maintaining the capacity of the road network within the study area. Mitigation measures shall be proposed to minimize adverse impacts, and the Board of Supervisors may condition any PRD Plan approval on such mitigation in accordance with § 155-714.
B. 
Community impact study. The applicant shall submit an impact study which will sufficiently assess the impact the development will have on the Township and the level of public services. The study shall address the manner in which identified negative impacts shall be mitigated by the applicant to enable the Board of Supervisors to ascertain if the proposed development is capable of being serviced by existing public services and, further, to specify what efforts the applicant has made to minimize the demand for services. The study shall analyze the following services and facilities:
(1) 
Fire protection. The impact the proposed development will have on fire protection capability, including, but not limited to, municipal water supply, pumping capacity and specialized equipment, shall be analyzed. The applicant must adequately demonstrate what effect the proposed development will have on these factors and its ability to meet any specialized needs so that the development will not have any impact on the public safety by adversely affecting the fire protection capability available to the community.
(2) 
Solid waste. A study to determine what amount of solid waste will be generated as a result of the development shall be prepared. The study shall identify what method will be used to dispose of the solid waste and what effort will be directed toward recycling solid waste.
(3) 
Historical. A study shall be made that determines the location of historic properties and structures both on and within 200 feet of the site and the effect said development will have on these properties and structures and what effort the developer will make to preserve such historic properties and structures. All historic resources, as shown on the Thornbury Township Historic Resources Map,[1] shall be preserved.
[1]
Editor's Note: Said map is on file in the Township offices.
(4) 
Water. A study of the amount of water needed for domestic and fire use shall be provided. The study shall indicate the location of the source and anticipated pressure of proposed source of water. The applicant shall pay for the cost of improvements to a public water system if connection to said system is proposed.
(5) 
School facilities. A study to determine the impact the development will have on school enrollment within the West Chester Area School District shall be provided. The study shall project the number of school-aged children to be generated by the development. Calculations shall be made for each dwelling type proposed and shall utilize demographics of the U.S. Census, the Township Comprehensive Plan and/or other available sources.
(6) 
Fiscal impact. The applicant shall submit a report which identifies the fiscal consequences of the proposed PRD. The report shall be prepared by a qualified professional and shall address:
(a) 
The economic and fiscal characteristics related to the proposed development, including a profile of the Township, county and school district revenues which the proposal may generate and the Township, county and school district costs it may create. Such information shall be related to initial, phased and completed development conditions.
(b) 
The extent to which the development can be expected to be or not to be detrimental to the Township for annual and capital budgeting purposes.
(c) 
The ability or inability of the development to make adequate provision for educational, recreational and other essential community facilities which will be required as a result of the development. Other essential community facilities shall include a day-care center and other civic amenities as part of the neighborhood center.
C. 
Environmental impact study. The applicant shall submit a report which identifies the environmental consequences of the proposed PRD and the measures proposed to mitigate environmental impacts. Said study shall be prepared by a licensed engineer, architect, landscape architect or a certified land planner. Particular emphasis shall be placed on the effects of the proposed project on the site and abutting properties. The study shall consist of text, tables, mapping and photography designed to illustrate how environmental resources will be conserved and/or protected. The study shall include, as a minimum, the following components:
(1) 
Site analysis plan. A composite map shall be prepared which depicts natural and man-made features of the site. Said plan shall be displayed at a scale of not greater than one inch equals 100 feet. The plan shall, as a minimum, identify and analyze the following features:
(a) 
Topographic conditions of the site depicted by existing contours at vertical intervals of two feet based on information derived from either actual field survey or aerial topographic interpretation, consistent with National Mapping Accuracy Standards. Slope shall be accurately depicted through the use of shading between contour intervals for slope between 15% and 25% and for slope equal to or exceeding 25%. Datum, which elevations refer to, shall be identified. Points of highest elevation, including hilltops and ridgelines, shall also be clearly noted. [Refer to § 155-703B(4) for mapping criteria.]
(b) 
All existing watercourses and water bodies, including such features as ponds, creeks and intermittent streams, shall be identified.
(c) 
The actual limits of the floodplain and wetlands shall be accurately presented on the plan. Both floodplain and wetland limits shall be based on actual field survey and include the limits of hydric soil conditions and the designated one-hundred-year flood hazard area as defined by the Flood Hazard Map of FEMA. Wetland areas shall be based upon the criteria of the U.S. Army Corps of Engineers and the Pennsylvania Department of Environmental Protection and include all hydric soil areas.
(d) 
All soils on the tract, depicted by the limits of soil series as identified by the Soil Survey for Chester and Delaware Counties, by the USDA Soil Conservation Service. A table listing the soil characteristics pertaining to slope, depth to water table, depth to bedrock and septic tank limitations shall be included.
(e) 
The location of all tree masses, hedgerows and individual trees shall be shown as part of the topographic survey plan for the property. The predominant type of all trees shall be noted, along with any plants or natural areas as identified in the 1994 "Natural Areas Inventory for Chester County, Pennsylvania."
(f) 
The limits of all existing streets, utilities, pipelines and associated rights-of-way or easements shall be identified.
(g) 
The limits of each geologic formation or rock type on the tract shall be plotted. The location and type of rock outcroppings shall be identified.
(h) 
The location of all buildings and structures, including ruins and remnants. Structures of historic and archaeological significance shall be documented. Such resources shall include those listed on the National Register of Historic Places, the Pennsylvania Inventory of Historic Places and the Chester County Historic Site Survey.
(i) 
An analysis of access to the site, including the identification of existing accesses and optimum points of access in terms of sight distance, intersection alignment, turning movement conditions and other important factors.
(2) 
Site character and current conditions. A combination of narrative and series of photographs depicting the general character of the site as viewed from ground level and from an aerial photographic base. Key aspects of the site analysis study in § 155-704C(1) shall be addressed, including woodlands, hedgerows, fields, primary views into the tract, water bodies and streams, significant views and the like.
(3) 
Land use conditions. A narrative shall be prepared which defines current and past land use activities of the site. Current land uses and the location of buildings and structures, including the distance each is set back from the tract boundaries.
(4) 
Historic and archaeological resource protection. Methods of conserving and protecting the resources identified in the site analysis plan shall be described through a combination of narrative and maps.
(5) 
Visual resource protection. Methods of preserving the visual resources associated with the tract shall be described, including vistas, ridgelines, hilltops and stream valleys which can be seen from public streets. Preservation methods shall include conservation of existing features, landscaping, berming, the use of buffers and creative building setbacks through the placement of buildings and structures in less visually prominent locations.
(6) 
Adverse effects of the project. The study shall identify adverse impacts which cannot be precluded through design alterations. The narrative shall identify whether the impact poses an immediate or indirect impact on a particular resource or characteristic of the site.
(7) 
Mitigating measures. The study shall identify and depict measures which will mitigate the impacts identified in § 155-704C(6). The narrative shall identify measures that are required by existing standards and those which are unique to the proposed project. All adverse impacts shall be mitigated. All mitigation measures shall be clearly depicted on a separate plan sheet to be entitled "Impact Mitigation Plan."
D. 
The Board of Supervisors may require additional specific information and analysis as it deems necessary to adequately assess traffic impacts, community impacts, environmental impacts and fiscal impacts and to prescribe mitigation measures.
The uses permitted in a PRD shall be limited to:
A. 
A combination of dwelling units in single-family detached, two-family or multifamily detached, semidetached and attached when in accordance with the provisions of § 155-707;
B. 
Those nonresidential uses deemed to be appropriate for the incorporation in the design of the PRD, including, but not limited to, a neighborhood center, community facilities, day-care centers, agricultural facilities and uses and recreational facilities;
C. 
Accessory uses customarily incidental to the foregoing uses; and
D. 
Use of common open space areas.
(1) 
Common space areas may include:
(a) 
Agriculture, including cultivation of the soil; raising and harvesting of products of the soil, including nurserying, horticulture and forestry; or any other agricultural use which the Board of Supervisors deems appropriate for incorporation within PRD.
(b) 
Natural areas, including, but not limited to, woodland, meadow, wetlands, streams, boundary buffer or similar conservation-oriented area.
(c) 
Lawn: a grass area with or without trees which may be used by the residents for a variety or purposes and which shall be mowed regularly to ensure a neat and tidy appearance.
(d) 
Outdoor recreation area, either active or passive.
(e) 
Sewage disposal system involving land application and groundwater recharge, but excluding buildings and other aboveground structures associated with such facilities.
(f) 
Historic resources.
(2) 
Common open space areas shall not include:
(a) 
Streets and off-street parking areas.
(b) 
Building lots.
(c) 
The 4,000 square foot equivalent lot area for multifamily dwellings.
(d) 
Twenty feet from any exterior walls of any townhouse or apartment dwelling.
(e) 
Stormwater management facilities, unless designed as a pond, wet year-round.
A. 
Base residential density. The Board of Supervisors may permit a PRD application to include a greater number of dwelling units per acre than would be permitted by the zoning regulations otherwise applicable to the site. Such density increase shall be contingent upon the applicant successfully meeting the requirements of this chapter. The maximum base density computed over the developable area of the PRD shall not exceed 3.0 dwellings per acre, except for those areas of the tract developed for mobile homes, wherein Article X, MHP - Mobile Home Park Overlay District, shall apply.
B. 
Maximum achievable density. The Board of Supervisors may permit a further increase in density, provided that the total density shall not exceed 4.0 dwellings per acre of developable area. The maximum density permitted under this section may not necessarily be achievable due to natural constraints and configurations of the site. To qualify for an increase in density, the applicant shall satisfy the following conditions:
(1) 
Common open space is increased to a minimum of 50%.
(2) 
Active recreation facilities, as recommended by the Design Review Committee and deemed appropriate by the Board of Supervisors, are incorporated into the project design.
(3) 
Watercourses, wetlands, trees of 12 inches DBH or greater remain undisturbed in their natural state.
(4) 
The preservation of agricultural uses and prime agricultural soils as defined by the USDA Soil Conservation Service.
(5) 
All buildings located along the tract perimeter are screened from view along public roads through the use of landscaping and earthen berms which, when combined, total a minimum of 12 feet in height, unless the Design Review Committee determines that the perimeter is sufficiently screened by existing vegetation and topography.
(6) 
The applicant pays for the installation of off-site road improvements required as a direct result of the project and provide an equitable share of the cost of those off-site road improvements where it is documented that the project will generate a portion of the improvement need as identified in the traffic impact study.
C. 
Commercial use. Retail and office facilities shall be permitted only under the following conditions:
(1) 
The application shall propose a minimum of 100 dwelling units;
(2) 
A minimum of 25% of the proposed dwelling units shall be constructed and ready for occupancy prior to the commencement of constructing any retail and office facility;
(3) 
The maximum land area reserved for commercial use shall not exceed 5% of the total tract area, and any such use shall be located in the neighborhood center(s);
(4) 
The area planned for commercial use shall be integrated into the neighborhood center of the PRD design in terms of lot layout, building design, environmental conditions and internal pedestrian and vehicular access;
(5) 
The amount of permitted retail floor area shall be computed by allotting 250 square feet of gross floor area per each dwelling unit proposed. No more than 10% of the total dwelling units proposed may be used in determining maximum floor space; and
(6) 
A minimum of 40% of the land area devoted to commercial use shall remain as a landscaped area. Such landscaped area shall be designed to be contiguous to the proposed open space to the maximum extent possible, in order to promote pedestrian linkages from the commercial area to the immediate neighborhood(s) that it serves.
D. 
Phased development. The application for PRD shall designate divisible geographic sections of the proposal which are to be developed in phases. Such designation shall include the following:
(1) 
The number, type and density of the proposed uses. The net density phase may differ from phase to phase, provided that the overall gross density of the proposal complies with the terms of this article. Such deviation shall not exceed 10 dwelling units per acre in any given phase. Further, no less than 15% of the total number of proposed units shall be included in any phase.
(2) 
The timing of development. The applicant shall submit a construction schedule which will indicate when each phase will be constructed. Such schedule shall include the number of units, the length of road, sewer and water facilities and lines, stormwater management devices and open space areas to be included in each phase.
(3) 
The minimum required percentage of open space (as per § 155-709) shall be achieved/proposed for each individual phase of the development.
(4) 
A master plan shall be submitted with or before submission of the final plan for each phase of the PRD. The master plan shall be produced at a scale of one inch equals 100 feet. The master plan shall be the first one or two sheets of the plan set, at the time of filing for approval of any phase thereof, and it shall reflect or be revised to reflect any changes made to the plan in all prior phases of final approval as an as-built condition and any changes to the overall contemplated layout for the entire development.
(5) 
Each phase of the final PRD plan shall show all easements for stormwater drainage that are required on any area of the site outside of the phase under consideration, and easements for such drainage shall be required as a condition of final approval of that phase, if required.
(6) 
The required typical elevations of all building types shall be submitted at the time of submission of plans for each phase of PRD plan approval.
(7) 
The construction period for the entire development and commencement date for each section thereof may be modified from time to time by the Board of Supervisors upon the showing of good cause by the applicant.
(8) 
The applicant shall establish a declaration of covenants, easements and other restrictions and shall furnish such performance bond or bonds in place of or in addition to those required by Chapter 115, Subdivision and Land Development. Such bonding shall be required to ensure completion of streets, utilities, community and recreation facilities and other on-site or off-site improvements in accordance with the plan to protect the public interest in the event of abandonment of said plan before completion.
A PRD shall comply with the following dwelling unit combination to ensure a variety of housing types:
A. 
A minimum of 30% single-family;
B. 
A minimum of 5% two-family;
C. 
A minimum of 20% multifamily;
D. 
The remainder of the housing units shall be left to the discretion of the developer, except that single-family dwellings shall comprise no more than 75% of the total number of housing units; and
E. 
At the discretion of the Board of Supervisors, dwelling unit combinations may be modified upon the showing of good cause by the applicant.
The following area and bulk requirements shall apply to all residential uses permitted within a PRD:
A. 
Single-family.
(1) 
Base minimum lot size: 10,000 square feet.
(2) 
Bonus minimum lot size: 8,000 square feet.
(3) 
Minimum lot width (base and bonus).
(a) 
Building line: 50 feet.
(b) 
Street line: 50 feet.
(4) 
Minimum front yard depth: 25 feet.
(5) 
Minimum side yard: 10 feet.
(6) 
Minimum rear yard depth: 30 feet.
(7) 
Base maximum building coverage: 30%.
(8) 
Bonus maximum building coverage: 35%.
(9) 
Base maximum lot coverage (total): 40%.
(10) 
Bonus maximum lot coverage (total): 50%.
(11) 
Maximum building height: 35 feet.
B. 
Two-family (twin and duplex).
(1) 
Base minimum lot size per dwelling unit: 5,000 square feet.
(2) 
Bonus minimum lot size per dwelling unit: 4,000 square feet.
(3) 
Minimum lot width per dwelling unit (base and bonus).
(a) 
Building line: 50 feet.
(b) 
Street line: 35 feet.
(4) 
Minimum front yard depth: 25 feet.
(5) 
Minimum side yard: 10 feet.
(6) 
Minimum rear yard depth: 30 feet.
(7) 
Base maximum building coverage: 30%.
(8) 
Bonus maximum building coverage: 35%.
(9) 
Base maximum lot coverage (total): 40%.
(10) 
Bonus maximum lot coverage (total): 50%.
(11) 
Maximum building height: 35 feet.
C. 
Multifamily.
(1) 
Base minimum allowable lot area to be reserved for each dwelling unit, exclusive of common parking and street areas: 4,000 square feet.
(2) 
Bonus minimum allowable lot area to be reserved for each dwelling unit, exclusive of common parking and street areas: 3,000 square feet.
(3) 
Minimum distance between buildings: 50 feet.
(4) 
Minimum setback from common parking: 20 feet.
(5) 
Base maximum building coverage: 25%.
(6) 
Bonus maximum building coverage: 30%.
(7) 
Base maximum lot coverage: 40%.
(8) 
Bonus maximum lot coverage: 50%.
(9) 
Maximum building height: 35 feet.
(10) 
Maximum building length: 160 feet.
(11) 
Minimum setback from common open space: 20 feet.
(12) 
The following additional standards shall apply when individual lots are proposed:
(a) 
Minimum front yard depth: 25 feet.
(b) 
Minimum rear yard depth: 50 feet.
(c) 
Maximum building coverage: 25%.
(d) 
Maximum lot coverage (total): 30%.
(13) 
Maximum number of dwelling units per building: 12 units.
A. 
Area calculation standards.
(1) 
A minimum of 40% of the site shall be set aside for common open space.
(2) 
When providing the minimum amount of open space as required by § 155-709, no more than 50% of its land area shall be comprised of floodplain, wetlands and slopes in excess of 25%.
(3) 
Land areas designated for commercial, infrastructure and utilities, stormwater management facilities, wells, streets, internal drives, parking areas, as well as those features described in § 155-705D(2), shall not be included in the calculation for minimum open space. Included in the calculation of minimum open space may be a sewage disposal system involving land application and groundwater recharge, but excluding buildings and other aboveground structures associated with such system.
B. 
Design and location standards. In addition to the standards of §§ 155-703, through 155-706 and § 155-710, the following shall apply:
(1) 
Open space shall be planned in accordance with the best principles of site design in order to be sensitive to the physical characteristics of the site. Open space shall be available to all residents of the PRD and shall be designed to provide direct access from all dwelling units.
(2) 
A minimum of 20% of the area designated for common open space shall have environmental characteristics which make it suitable for supporting active recreation in the form of playfields (soccer fields, baseball fields), courts (tennis, basketball), swimming pools and the like.
(3) 
A minimum of 30% of the designated open space area shall remain undisturbed in its natural state or designated for agricultural use. This may include floodplain areas and slopes in excess of 25%; provided, however, that no more than 50% of such undisturbed/natural/agricultural open space shall be floodplain areas and/or slopes in excess of 25%, either individually or cumulatively.
(4) 
Land designated as open space shall not be a collection of scattered and narrow strips, but shall create a network of meaningful open space resources. Common open space areas shall not be less than two acres in area, except that the open space areas within a neighborhood center may be 1/2 acre in size.
(5) 
Open space areas shall contain only those structures relating to the designated purpose for which the land has been reserved.
(6) 
All land set aside for open space shall be deed-restricted from further subdivision or land development.
(7) 
All alluvial, floodplain and/or hydric soils as delineated in accordance with § 155-704C(1)(c) shall be preserved into permanent open space.
(8) 
A declaration of covenants, easements and restrictions shall be required to limit excavation, earthmoving procedures and other changes to the landscape in order to ensure preservation of the areas to be retained as open space.
(9) 
The provisions for the placement and forms of open space shall be consistent with the Open Space, Recreation and Environmental Resources Plan.
C. 
Maintenance of open space.
(1) 
The applicant of every PRD shall prepare and present at the time of submission of the tentative development plan for the approval of the Board of Supervisors documents creating and governing a property owner's organization and containing the declarations of covenants, restrictions, easements, charges and liens deemed necessary to own and maintain the common open space and recreation areas within the PRD.
(2) 
Areas to be preserved in common open space shall be held either individually or collectively using the following methods of ownership:
(a) 
Homeowners' association. The common open space areas and their facilities may be held in common ownership by a homeowners' association. The association shall be formed and operated in accordance with the provisions of § 155-709C(3).
(b) 
Condominium. The common open space areas and their facilities may be held as common element under a condominium agreement. Such agreement shall be in conformance with the Uniform Condominium Act of 1980,[1] as amended.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(c) 
Fee simple dedication to the Township. The Board of Supervisors may consider for dedication open space lands and their facilities for public use at the time of application for PRD approval. The Township has neither the obligation to accept such property nor the need to require common property be dedicated as a condition for approval.
(d) 
Dedication of easements. Easements within common areas along such unique natural features as water bodies may be offered for dedication to the Township for public use or to a private conservancy. Title to such lands remains in ownership by homeowners' association or condominium agreement.
(e) 
Lease-back option. To encourage the retention of agricultural lands, the Township, homeowners' association or the condominium agreement may permit all or portion of the open space lands to be leased back to a farmer. Approval of the lease-back option shall be conditioned on appropriate agreements between the title holder and the farmer concerning permitted farming practices and use of land in the event that farming practices cease in addition to the requirements of § 155-710C(3).
(3) 
In addition to the foregoing, these documents shall contain the following minimum essential provisions with respect to such organization:
(a) 
Powers and duties in maintaining and administering open space, recreational and community facilities and supplementary project facilities like light fixtures, refuse stations, shopping areas, etc.; in administering and enforcing all covenants and restrictions and in the levying, collecting and disbursing of assessments and charges.
(b) 
Membership and voting rights.
(c) 
Rights and duties of the Township of Thornbury, members of the organization and residents of the PRD in the event of a breach of the covenants and restrictions.
(d) 
If such organization is abandoned or abolished or if such organization desires to dispose of the common open space and recreation areas, said open space recreation areas shall be first offered to dedication to the Township of Thornbury at no cost to the Township before it is otherwise disposed of. The Township may refuse to accept such dedication and elect, as provided in the next subsection, to maintain the open space, with all costs of such maintenance being paid ratably by the residents of the development.
(e) 
In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the PRD fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Board may proceed as provided in Section 705(f)(2) of the Act[2] to demand that the deficiencies of maintenance be corrected or that the Township will enter upon and maintain common open space.
[1] 
The Township may continue to maintain such open space, as further provided in that section of the Act, until an organization is established by the residents of the PRD which the Board of Supervisors finds is ready and able to maintain such common open space. Notice to affected property owners in accordance with the provisions of the plan as required above shall be deemed to be adequate by the Township. The cost of such maintenance by the Township shall be assessed ratably against the properties within the PRD that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of Chester County upon the properties affected by the lien within the PRD.
[2]
Editor's Note: See 53 P.S. § 10705(f)(2) of the Municipalities Planning Code.
A. 
Streets.
(1) 
Types. The street system shall be related in design and type to the uses served by them and to the streets with which they intersect, and shall be identified on the plan as collector streets, secondary streets, minor streets and service alleys. The definitions of the types of such streets specified in § 115-6 of Chapter 115, Subdivision and Land Development, shall apply, except to the extent inconsistent with the requirements of this section. Service alleys, when incorporated in the design and layout of the street system, are defined as passageways providing secondary vehicular access to the rear of dwellings.
(2) 
Widths.
(a) 
All entrances to the proposed development and through streets within the development shall be designed as collector streets. Collector streets must have a minimum right-of-way of 60 feet and a cartway width of 28 feet. Collector streets shall be designed for all types of vehicles and through traffic. Pedestrian crossovers shall be limited to a minimum of controlled points, and segregated pedestrian underpasses shall be encouraged. Length of collector streets is unlimited, the maximum grade is 8% and the minimum grade is 1%, with other technical requirements conforming to the policies of the Township and design standards of Chapter 115, Subdivision and Land Development.
(b) 
When the PRD is not provided with two principal entrance and exit collector streets to existing public roads, the collector street providing the principal means of ingress and egress to the development shall be provided with a boulevard entrance extending to the first intersecting street within the development, which shall be not less than 200 feet from the existing intersecting road. The boulevard shall have a paved cartway surface of 16 feet for ingress and a paved cartway surface of 16 feet for egress, separated by a raised planting bed having a minimum width of 10 feet.
(c) 
All internal roads accessing directly onto a collector road shall be designed as secondary streets. Secondary streets must have a minimum right-of-way of 50 feet and a cartway width of 24 feet. They shall serve primarily private and service vehicles; through traffic is discouraged. Pedestrian crosswalks shall be designated. Intersections with collector roads should be T-shaped. A maximum grade of 8% shall be maintained.
(d) 
Minor streets must have a minimum right-of-way of 50 feet and a twenty-four-foot cartway width. The maximum grade shall be 8%. The minimum grade of secondary and minor streets shall not be less than 1%.
(e) 
Service alleys must have a minimum paved cartway and right-of-way of 18 feet for two-way access and 12 feet for one-way access. The maximum and minimum grades shall be as required for minor streets.
(3) 
Vertical curves. For all streets, vertical curves shall be used in all changes of grading exceeding 1% and must be designed for maximum visibility. A 1% grade per 25 feet of cartway shall be the maximum allowance.
(4) 
Culs-de-sac; dead-end streets.
(a) 
Cul-de-sac. A cul-de-sac street may be used only when designed and constructed as a minor street providing access to not more than 25 dwelling units. A cul-de-sac street shall have a minimum length of 250 feet and a maximum length of 1,000 feet and shall be provided at the closed end with a paved turnaround having a minimum radius to the outer pavement edge of 50 feet and a corresponding right-of-way having a minimum radius of 60 feet within the turnaround areas.
(b) 
Dead-end street. Dead-end streets shall be prohibited, except as stubs to permit future street extension into adjoining tracts, if approved by the Board, or when approved as cul-de-sac. Dead-end streets shall be designed and constructed with a paved turnaround having a paved radius of not less than 25 feet. Should the Board determine that development of adjoining property is not imminent, the Board shall require that a permanent curbed cul-de-sac complying with the minimum standard of this § 155-710A(4)(a) be constructed.
(5) 
All streets and parking areas shall have curbs. The type of curb shall be approved by the Board of Supervisors upon the recommendation of the Township Engineer.
(6) 
Sidewalks, pathways and bridle, bicycle and hiking trails.
(a) 
Collector streets shall have four-foot-wide paved sidewalks at least two feet from the curb. A sidewalk must be provided on both sides of a secondary or minor street. Sidewalks and pedestrian ways shall supplement and complement street systems in establishing the character of a residential neighborhood environment.
(b) 
Pedestrian circulation systems must be provided as convenient, safe and attractive links between residential groupings, open space areas, recreation areas, schools, local shopping facilities and the neighborhood center. Sidewalks shall be provided in all multifamily residential areas at a minimum width of four feet. All pedestrian accessways shall be in compliance with the Americans with Disabilities Act (ADA). Bridle, bicycle and hiking trails also shall be provided. An overall pedestrian circulation system shall be proposed to form a looped system throughout the development. However, the maximum grade for any pedestrian path shall be 12 to 1.
(7) 
Street specifications. The street construction specifications of § 115-57 of Chapter 115, Subdivision and Land Development, shall apply to all streets constructed within a PRD.
B. 
Off-street parking.
(1) 
There shall be a minimum of 2.5 off-street parking spaces measuring nine feet by 18 feet for each townhouse dwelling unit with aisles at least 20 feet wide. For other residential types, there shall be a minimum of two off-street parking spaces. Driveways and garages can be substituted for parking space requirements, provided that the minimum area is provided. Detached garages accessible from a rear service lane or alley are encouraged to save the frontage appearance of the dwellings from the suburban garage door appearance and to promote the sense of neighborhood for the PRD.
(2) 
There shall be one off-street parking space measuring nine feet by 18 feet for each 250 square feet of shopping or office space with the requirements specified generally for parking areas herein.
(3) 
Parking areas shall be arranged in the neighborhood center to be on the side and rear of buildings in order to promote a pedestrian-oriented streetscape.
(4) 
Parking areas shall be screened from adjacent collector streets with the use of hedges, dense planting, earth berms, changes in grade or decorative walls. All parking lots shall be a minimum of 20 feet from all structures, buildings, access drives and/or streets.
(5) 
No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by an approved landscaping island which shall be a minimum of nine feet in width and 18 feet in depth.
(6) 
No more than 60 parking spaces shall be accommodated in any single parking lot. Where the proposed development contains 50% or more of multifamily dwelling units, the Board may require that at least 15% of the overall parking be provided with garages.
(7) 
All common off-street parking areas shall be adequately illuminated. All such lighting shall be so arranged as to direct the light away from adjoining residences and shall be shielded.
(8) 
All common off-street parking areas and off-street loading (i.e., elevated docks or other areas where merchandise is loaded onto vehicles) areas shall be graded and drained so as to manage all surface water without soil erosion or flooding. Any drainage toward buildings shall be collected through a subsurface system of piping.
(9) 
All storage for other than private automobiles shall be structurally enclosed or permanently screened from view, including, but not limited to, boats, camping trailers and similar vehicles.
C. 
Landscaping, screening and tree replacement.
(1) 
Landscaping shall be an essential feature of every PRD area in order to enhance the appearance and marketability of housing, provide protection from wind and sun; and for screening and buffering roads, parking areas and other development from view by nearby properties.
(2) 
The applicant shall submit a master landscaping plan at the time of tentative PRD plan submission which depicts the location, quantity, type and size of plant materials to be incorporated into the design of the PRD.
(3) 
A minimum of 10% of all parking areas shall be landscaped. In addition to the other requirements of this section, the interior of the lot shall have one four inch caliper shade tree for every four vehicle spaces.
(4) 
Shade trees shall be provided to landscape the tract, the internal streets and other features. In determining the appropriate amount of trees to be provided, the Board of Supervisors shall consider the character of the development, the comfort of the residents of the development and the presence or absence of existing trees. However, there shall be at least three deciduous trees of two-and-one-half-inch-to-three-inch caliper per dwelling unit and at least two conifer trees of six feet to eight feet per dwelling unit, distributed over the lot and/or PRD site, which shall be in addition to the required street trees and trees within a parking lot.
(5) 
The plant materials selected shall have suitable characteristics for their particular application and shall be free of disease and injury. Plantings shall be permanently maintained and shall comply with the American Standard for Nursery Stock of the American Association of Nurserymen.
(6) 
All trees which are mapped to fulfill the requirements of § 155-704C(1)(e) shall be identified on the landscape plan. Trees to be preserved shall be protected from disturbance during construction and may be used in the street tree and shade tree calculation for streets and parking areas, if located within 20 feet of the curbline.
(7) 
Any building lot having more than one viable tree of 12-inch DBH or greater per 1,500 square feet shall be considered a wooded lot. On wooded lots, no more than 25% of the trees of 12-inch DBH or greater shall be lost to disturbance without replacement or compensatory plantings being required on lots where trees are to be reduced by more than 25%, compensatory plantings shall be required on a one-for-one basis, with one new tree with a minimum caliper of 2.5-inch to three inches being required for each tree over 12 inches DBH being lost. The trees to be eliminated shall be shown on the tentative and final PRD plans, along with the location of any new plantings required. The new plantings shall be native species placed at the edge of the remaining wooded area to the maximum extent possible.
(8) 
Retaining walls, tree walls, tree wells and the like shall be proposed to the maximum extent possible to save existing trees, wooded lots, hedgerows and other vegetation.
(9) 
Street trees shall be planted along both sides of all streets, existing and proposed, at an interval of 50 feet on each side of the street. Street trees shall be staggered such that the interval along the street for each tree from one side to the other is 25 feet. After the number of street trees is calculated, such trees may be grouped to achieve the intended design solution when approved by the Board of Supervisors.
D. 
Street signs, street furniture and streetlighting.
(1) 
Careful attention shall be given to the quality of design of street signs, street furniture (such as benches and plant receptacles) and streetlighting. Street names are subject to approval by the Board of Supervisors and the U.S. Postal Service.
(2) 
All streets and areas of high pedestrian use shall be adequately illuminated, pursuant to standards determined by the Board of Supervisors.
(3) 
The character, size and shape of all outdoor directional signs shall be reviewed by the Board of Supervisors at the time of request for final approval.
(4) 
Detailed designs of outdoor signs shall be reviewed by the Board of Supervisors prior to the issuance of permits.
(5) 
Outdoor directional signs shall be designed so as not to be a nuisance to adjacent residences and so that size, shape and design shall be in harmony with its context. The Board may order the removal of any sign which it deems objectionable. The declaration of covenants, easements and restrictions shall address all signage proposed for the PRD.
(6) 
Development name signs shall be limited to one per entrance and shall not exceed four feet in height or obstruct clear sight distances. Earthworks and the use of natural materials is encouraged.
E. 
Supplementary PRD facilities.
(1) 
Commercial and office use areas within a PRD shall be located to blend with the residential character of nearby dwelling units. Parking and loading spaces must be carefully screened from view of adjacent residential development. The neighborhood center shall be designed to promote the sense of neighborhood as described in § 155-703C(8).
(2) 
The use and design of commercial and office facilities shall be reviewed by the Board at the time of submission for tentative plan approval.
(3) 
Swimming pools, skating rinks and other recreational areas shall be located to blend with the residential character of adjacent dwellings and, where necessary, shall be screened and/or fenced.
(4) 
The neighborhood center shall have common open space in the form of a centrally located park or lyceum. The developer and/or landowner shall provide special facilities and common open space to ensure that the neighborhood center functions to serve the PRD as the hub of civic activity. Benches, bus stops and special event parking spaces shall be accommodated.
(5) 
Refuse stations must be screened by fencing, placed in locations convenient for collection and removal and not offensive to the occupants of adjacent dwelling units; and contain adequate capacity to handle the units intended to be served by them. The applicant shall demonstrate to the Township that garbage disposal for the uses proposed on the site will be adequate.
(6) 
Adequate lighting must be provided to the outdoor areas used by residents after dark. Lighting fixtures must be provided for walkways and to identify streets, steps, ramps, directional changes and signs. Lighting shall be shielded and positioned to avoid shining directly into habitable room windows or into private yard areas associated with dwelling units.
(7) 
All utilities, cable television and other lines shall be located underground within the PRD.
(8) 
Water and sewage disposal must be furnished in accordance with the requirements of the state, county and the Township. Off-site water and sewage facilities or an on-site sewage treatment plant may be required where deemed necessary to the Board. In all cases where trunk line, sanitary sewer facilities are available, owners shall be required to install sanitary sewers and connect the same to such trunk line sewers. Plans for the design of water and sewer systems shall clearly show that they are free of such deficiencies as undersized pumps, insufficient distance of pipes below the ground, inadequate sealing protection from tree roots, inadequate distance between sewer and water lines, inadequate distance from natural gas lines, location in the paved section of roadways, inappropriate size of pipes, inappropriate material for pipes and other equipment, inadequate distance from property lines and other such deficiencies.
(9) 
Plans for the operation of water and sewage disposal systems shall disclose that appropriate personnel will be hired, including that there will be a continuing consulting contract with an engineering firm familiar with the operation of such systems and that, in other respects, such operations shall be appropriate. In the event that the operations are improper, the Township may take such legal action as is necessary to create a municipal receivership of such systems and operate them in a manner that all cost of such systems are paid only by the residents they were initially intended to serve or actually serving.
(10) 
The Board shall require the developer to provide areas for playfields and other recreational and community facilities in accordance with § 155-709B(2). Areas provided for such facilities should be adequate to provide for building sites, landscaping, off-street parking and other facilities appropriate to the use proposed. Such areas also shall be located in a manner best designed to serve the residents by way of pathway, trail and/or sidewalk connections. All such facilities will be operated by the organization described in § 155-709 to maintain common open space. In the event of improper operations, the Township may operate such facilities as a receiver for the residents of the PRD, as further provided in this section.
(11) 
Accessory buildings shall be located so as to visually and aesthetically be related to the principal buildings on the property where they are located, shall be screened by landscaping and shall otherwise comply with any Township ordinances dealing with such buildings.
(12) 
All signs shall be in accordance with Article XVII, Signs, and the following regulations:
(a) 
All signs shall be evaluated by the Design Review Committee. No entrance sign(s), directional signs, street name signs or other signs shall be approved by the Board of Supervisors until recommendations are received by the Design Review Committee.
(b) 
Any development name sign(s), which are installed as an approved temporary sign, shall be removed within 60 days after the issuance of an occupancy permit for the last dwelling unit or nonresidential building.
A. 
Administration. The Board of Supervisors shall administer PRD as set forth in this article. The Board of Supervisors, however, shall refer all plans for such development to the Planning Commission for their evaluation and recommendations. The Planning Commission may request comments from the Township Solicitor on the legal implications of the proposed development, may request comments from the Township Engineer on the engineering aspects of the proposed development and may request comments from the Design Review Committee.
B. 
Referral. All applications for tentative approval shall be referred to:
(1) 
The Chester County Planning Commission for study and recommendations to all aspects of the proposed development.
(2) 
The West Chester Area School District for study and recommendation as to the provision of appropriate educational and related facilities in the proposed development.
(3) 
The Design Review Committee for study and recommendation as to preventing adverse impacts to ecological systems and natural resources and to creating a bona fide sense of neighborhood as described in § 155-703C(8).
(4) 
The Chester County Conservation District for study and recommendation as to preventing soil erosion and sedimentation during and after construction of the proposed development.
(5) 
The Pennsylvania Department of Transportation for study and recommendations as to the impact of the proposed development on the highway systems serving it and the adequacy of its storm drainage systems.
(6) 
The Chester County Health Department for study and recommendations to the adequacy of sanitary sewer systems.
(7) 
The Pennsylvania Department of Environmental Protection as necessary for sewer, water, wetlands or other matters.
C. 
All reviewing agencies, other than the Township's Planning Commission, shall report to the Board of Supervisors. The Township's Planning Commission shall have such time necessary, but not to exceed 60 days for tentative plan approval and 45 days for final plan approval, to complete its evaluation and comments, including the review of the recommendations made by other reviewing agencies. The Township's Planning Commission will present its findings and those of the other reviewing agencies in the public hearings required by § 155-713.
D. 
Owners are strongly urged to submit sketch plans for informal review to the Planning Commission in accordance with § 155-703D.
E. 
Other than the optional sketch plan submittal, all applications for PRD follow the stages listed below:
(1) 
Tentative plan approval (§ 155-712).
(2) 
Final plan approval (§ 155-716).
A. 
An application for tentative approval of a development plan of a PRD shall be filed by or on behalf of the owners of the land. If an application form is made available by the Board, any such application shall be made upon such form. An application shall be accompanied by such fee as may be fixed by the Board from time to time. An application shall be filed with the Township Secretary.
B. 
Plans shall be at a scale of one inch equals 100 feet, except for the neighborhood center plan, which shall be at one inch equals 50 feet. In the event that the tract requires multiple sheets, a master sheet at a scale of one inch equals 200 feet shall be provided.
C. 
An application for tentative plan approval of a PRD shall demonstrate compliance with this chapter and all other applicable ordinances and shall contain the following as a minimum:
(1) 
Site analysis plan.
(2) 
Development plan.
(3) 
Open space, recreation, community facilities, sidewalks, pathways and trails plan (such plan shall indicate the exact location of common open space and the exact areas intended to meet the minimum required open space and recreational space requirements).
(4) 
Neighborhood center plan.
(5) 
Grading plan.
(6) 
Landscaping and lighting plan.
(7) 
Utilities plan.
(8) 
Stormwater management plan.
(9) 
Road profiles plan.
(10) 
Environmental impact mitigation plan.
(11) 
Architectural elevations, floor plans and perspectives.
D. 
The above mentioned, submitted for tentative plan approval, shall include the following:
(1) 
The location, size, topography and natural features, including, but not limited to, vegetation, hydrology, drainage and soils of the site; and the nature of the owner's interest in the land proposed for development.
(2) 
All sections of the development plan which include topography shall have the areas of 15% to 25% and 25% and greater slopes shaded.
(3) 
The types and density of land use proposed for each of the various parts of the site.
(4) 
The location, size and types of active and passive recreational areas and the natural areas proposed for portions of common open space; and the dimensions and location of areas reserved for community facilities. All open space, recreational and community facility areas shall be depicted and noted on the plans.
(5) 
The use and approximate height, bulk and location of buildings and other structures in plan and profile. All building lots and dwelling units shall be numbered consecutively. Architectural elevations, floor plans and perspectives shall be submitted by a registered architect.
(6) 
A grading plan depicting existing and proposed contours at two-foot intervals and delineating retaining walls and other measures to minimize land disturbance.
(7) 
The feasibility of proposals for the disposition of the sanitary waste and storm sewer and provision of water supply.
(8) 
A draft document describing the substance of covenants, grants and easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including homeowner's documents, proposed easements and grants for public utilities and common open space.
(9) 
The provisions for parking of vehicles and the location and width of proposed street, public ways, sidewalks, pathways, crosswalks, trails and the like.
(10) 
The requested modifications in the land use regulations otherwise applicable to the subject property.
(11) 
Fifteen copies of the plan shall be submitted and will be distributed by the Township Secretary to all the aforementioned review agencies.
(12) 
In the case of development plans which call for development over a period of years, a schedule shall be submitted showing the proposed times within which applications for final approval of all sections of the PRD are intended to be filed, and this schedule must be updated annually, on the anniversary of approval, until the development is completed and accepted.
E. 
An application for tentative plan approval shall contain all applicable impact studies as required by § 155-704.
F. 
Filing fee.
(1) 
Every applicant shall, at the time of filing application for PRD, pay to the Township of Thornbury a base filing fee, as per the schedule established by resolution of the Board.
(2) 
Every applicant shall, as part of his application for approval of a plan, agree to pay the Township of Thornbury such fees and expenses as said Township incurs for the services of a land planner, landscape architect, architect, Township Engineer and/or Inspector, Township Solicitor and such other consultants determined by the Board to be necessary in investigation, tests and advising the Board in relation to the plan, inspection of construction of public improvements and review agreements and documents required by this chapter.
G. 
The application for tentative plan approval of a PRD shall include a written statement by the landowner setting forth the reasons why, in his opinion, a PRD would be in the public interest and would be consistent with the Comprehensive Plan for the development of the Township. The statement shall include projections of the costs to be incurred and the revenues to be realized by the Township for both annual and capital budgeting purposes. Furthermore, to provide the Township with information regarding the risk to it that the owner might not complete the development, the owner will estimate the total development cost and describe the financial arrangements he has made to secure the necessary capital. Letters of intent of commitments from the financing sources will be attached to the application.
A. 
Within 60 days after the filing of an application for tentative plan approval of a PRD pursuant to this article, a public hearing pursuant to public notice on said applicant shall be held by the Board of Supervisors, in the manner prescribed in § 155-2002. The Chairman, or in his absence the Acting Chairman, of the Board may administer oaths and compel the attendance of witnesses. All testimony by witnesses at the hearing shall be given under oath, and every party of record at the hearing shall have the right to cross-examine adverse witnesses.
B. 
The Board may continue the hearing from time to time and may refer the matter back to the Planning Commission for a further report.
A. 
The Board, within 60 days following the conclusion of the public hearing provided for in this article, shall, by official written communications to the landowner, either:
(1) 
Grant tentative plan approval of the development plan as submitted;
(2) 
Grant tentative plan approval subject to specified conditions not included in the development plan as submitted; or
(3) 
Deny tentative plan approval to the development plan.
B. 
In the event that tentative plan approval is given subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communications of the Board of Supervisors, notify the Board of his refusal to accept all said conditions, in which case the Board shall be deemed to have denied tentative plan approval of the development plan. In the event that the landowner does not, within said period, notify the Board of his refusal to accept all said conditions, the tentative plan approval of the development plan, with all said conditions, shall stand as granted.
C. 
The grant or denial of tentative plan approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for denial, and said communications shall set forth with particularity in what respects the development plan would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:
(1) 
In what respects the development plan is or is not consistent with the Comprehensive Plan for the development of the Township;
(2) 
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest;
(3) 
The purposes, composition and amount of the common open space in the PRD, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy or inadequacy of the amount and purpose of the open space as related to the proposed density and type of residential development;
(4) 
The physical design of the development plan and the manner in which said design does or does not make adequate provision for utilities and public service, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment;
(5) 
The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established;
(6) 
The adequacy or inadequacy of the provisions in the development plan for protecting against imbalances in ecological systems, air and water pollution, soil erosion and unjustifiable destruction of natural resources;
(7) 
The adequacy or inadequacy of the development plan to create the sense of neighborhood described in § 155-703C(8);
(8) 
The probability that the applicant will be able to obtain adequate financing to complete the development;
(9) 
Special conditions that must be met, such as reserving land, providing bonds or, in some other manner, providing for a fair contribution by the development to utilities, schools and other public and community facilities which will be required within the area where the development is located; and
(10) 
In the case of a development plan which proposed development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and the residents of the PRD in the integrity of the development plan.
D. 
In the event that the development plan is granted tentative plan approval, with or without conditions, the Board may set forth in the official written communications, the time within which an application for final plan approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final plan approval of each part thereof shall be filed. Except upon the consent of the applicant, the time so established between grant of tentative plan approval and an application for final plan approval shall not be less than three months and, in the case of development over a period of years, the time between applications for final plan approval of each part of the plan shall not be less than 12 months.
A. 
The official written communication provided for in this article shall be certified by the Secretary of the Township and shall be filed in his office, and a certified copy shall be mailed to the landowner.
B. 
Tentative plan approval of a development plan shall not qualify a plan of the PRD for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative plan approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted or violated any of the conditions of the tentative plan approval) shall not be modified or revoked nor otherwise impaired by action of the Township pending an application or applications for final plan approval without the consent of the landowner, provided that an application for final plan approval is filed or, in the case of a development over a period of time, provided that applications are filed within the time specified in the official written communications granting tentative plan approval.
C. 
In the event that the development plan is given tentative plan approval, and thereafter, but prior to final plan approval, the landowner shall elect to abandon said development plan and shall so notify the governing body, in writing, or in the event that the landowner shall fail to file application or applications for final plan approval within the required period of time or times, as the case may be, the tentative plan approval shall be deemed to be revoked, and all that portion of the area included in the development plan for which final plan approval has not been given shall be subject to those ordinances otherwise applicable thereto as they may be amended from time to time and shall be noted in the records of the Secretary of the Township.
D. 
By agreement of all interested parties, application for both tentative plan and final plan approval of a development plan may be made concurrently and both tentative plan approval and final plan approval shall be given by the Board if said plan meets the requirements for both types of approval.
A. 
An application for final plan approval may be for all the land included in a development plan or, to the extent set forth in the tentative plan approval, for a section thereof. Said application shall be made to the Board within the time or times specified by the official written communication granting tentative plan approval. The application shall include any drawings, specifications, covenants, easements, performance bonds and such other requirements as may be specified by this article or by Chapter 115, Subdivision and Land Development, or regulations of Thornbury Township, as amended, as well as any conditions set forth in the official written communication at the time of tentative plan approval. A public hearing on an application for final plan approval of the development plan, or a part thereof, shall not be required, provided that the development plan, submitted for final plan approval, is in compliance with the development plan theretofore given tentative plan approval and with any specified conditions attached thereto.
B. 
Plans submitted for final plan approval of all or a portion of the PRD shall be prepared in accordance with the following requirements:
(1) 
Each application for approval of any final plan shall be accompanied by at least 15 copies of such plan, which shall be a clear and legible print. (One copy must be ink, on linen or equivalent.)
(2) 
The final plan shall be at a scale of not more than 50 feet to the inch and shall include the following information:
(a) 
Name, seal and appropriate certification of the registered professional engineer, architect and landscape architect responsible for the plan.
(b) 
All information required under tentative plan approval in § 155-713 to be submitted in final form.
(c) 
Street lines, lot lines, rights-of-way, easements and area proposed to be open space.
(d) 
Sufficient data to determine readily the location, bearing and length of every street, lot and boundary lines and to reproduce such lines on the ground.
(e) 
The lengths of all straight lines, radii, lengths of curves and tangent bearings for each street.
(f) 
The proposed building setback line for each street and/or the proposed placement of each building.
(g) 
Stormwater management plan which shall delineate the location, size and invert elevation of all sanitary and storm sewers and location of all manholes, inlets and culverts, headwalls, water mains, petroleum or petroleum product lines, fire hydrants and other significant man-made features. The size and nature of all culverts, inlets, catch basins, etc., and all headwalls, with the height in feet from the bottom of the pipe indicated.
(h) 
All dimensions shall be shown in feet and hundredths of a foot.
(i) 
Permanent reference monuments shall be shown on the plan thus: (x).
(j) 
Road profile plan which shall delineate the location, width and character of the paved cartway and a typical cross section of said cartway showing curbs and/or gutters, sidewalks and maximum bank slopes.
(k) 
Utilities plan which shall delineate ownership, maintenance and location of all utilities (e.g., electric lines, sewer and water lines, lighting standards, pipelines, etc.) and utility easements located within the tract boundary.
C. 
The specifications governing the construction of streets, storm drainage, sidewalks and all public improvements shall be in strict accordance with the specification and general standards of the Township of Thornbury and the Commonwealth of Pennsylvania covering similar types of construction.
D. 
Where any public improvements are to be constructed within a PRD, Chapter 115, Subdivision and Land Development, shall govern the construction and acceptance of such public improvements, including the provisions for requirements of performance and maintenance bonds.
E. 
In the event that the application for final plan approval has been filed, together with all drawings, specifications and other documents in support thereof and as required by this article and the official written communication of tentative plan approval, the Board shall, within 45 days of such filing, grant such development plan final plan approval.
F. 
Action on application for final approval.
(1) 
In the event that the development plan as submitted contains variations from the development plan given tentative plan approval, the Board may refuse to grant final plan approval and shall, within 45 days from the filing of the application for final plan approval, so advise the landowner, in writing, of said refusal, setting forth in said notice the reasons why one or more of the said variations are not in the public interest. In the event of such refusal, the landowner may either:
(a) 
Refile his application for final plan approval without the variations to which the Board has objected; or
(b) 
File a written request with the governing body or its designated agency that it hold a public hearing on his application for final plan approval.
(2) 
If the landowner wishes to take either alternate action, he may do so at any time within which he shall be entitled to apply for final plan approval, or within 30 additional days if the time for final plan 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 that 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 is made by the landowner, and the hearing shall be conducted in the manner prescribed in this article for the public hearings on applications for tentative plan approval.
(3) 
Within 30 days after the conclusion of the hearing, the Board shall by official written communication either grant final plan approval to the development plan or deny final plan approval. The grant or denial of final plan approval of the development plan shall, in cases arising under this section, be in the form and contain findings required for an application for tentative plan approval set forth in this article.
G. 
A development plan, or any part thereof, which has been given final plan approval shall be so certified without delay by the governing body or its designated agency and shall be filed of record forthwith by the applicant in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto except as herein noted. Pending completion within a reasonable time of said PRD, 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 owner.
H. 
In the event that a development plan, or section thereof, is given final plan approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved and shall so notify the Board, in writing; or in the event the landowner shall fail to commence and carry out the PRD within 12 months after final plan approval has been granted, no development or further development by the landowner shall take place on the property included in the development plan until after the said property is resubdivided; if necessary, said property may be reclassified by enactment of an amendment to the municipal zoning ordinance in the manner prescribed for such amendments. The Board further may act, pursuant to § 155-706D(8), to use the proceeds of a performance bond or bonds to satisfactorily complete all or a portion of an abandoned PRD. In the event that the Board finds that the developer is not proceeding with reasonable diligence in executing the development, it may consider the plan abandoned and proceed as provided below.
A. 
To further the mutual interest of the residents of a PRD and of the public in the preservation of the integrity of the development plan, as finally approved, and to ensure that modifications, if any, in the development plan shall not impair the reasonable reliance of the said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modifications of the provisions of the development plan, as finally approved, whether those are recorded by plan, covenant, easement or otherwise, shall be subject to the following provisions:
(1) 
The provisions of the development plan relating to the following shall run in favor of the Township and shall be enforceable in law or equity by the Township without limitation on any powers or regulations otherwise granted the Township by law:
(a) 
The use, bulk and location of buildings and structures;
(b) 
The quantity and location of common open space, except as otherwise provided in this article; and
(c) 
The intensity of use or the density of residential units.
(2) 
All provisions of the development plan shall run in favor of the residents of the PRD, but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provisions, whether recorded by plan, covenant, easement or otherwise, may be enforced at law or equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the PRD except as to those portions of the development plan which have been finally approved and have been recorded.
(3) 
All those provisions of the development plan authorized to be enforced by the Township under this section may be modified, removed or released by the Township except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:
(a) 
No such modification, removal or release of the provisions of the development plan by the municipality shall affect the rights of the residents of the PRD to maintain and enforce those provisions, at law or equity, as provided in this section.
(b) 
No modification, removal or release of the provisions of the development plan by the municipality shall be permitted except upon a finding by the Board, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this article, that the same is consistent with the efficient development and preservation of the entire PRD, does not adversely affect either the enjoyment of land abutting upon or across the street from the PRD or the public interest and is not granted solely to confer a special benefit upon any person.
(4) 
Residents of the PRD may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan, but no such action shall affect the right to the Township to enforce the provisions of the development plan in accordance with the provisions of this section.
B. 
Violations and penalties.
(1) 
Any person who violates or permits a violation of this section shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this section. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, unless the District Justice, determining that there has been a violation, further determines that there was a good-faith basis for the person, partnership or corporation violating this section to have believed that there was not such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of PRD provisions shall be paid over to Thornbury Township, Chester County. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
(2) 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
(3) 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than Thornbury Township, Chester County, the right to commence any action for enforcement pursuant to this section.