[Amended by Ord. No. 84-0-20]
Within the TH Zone, no premises, lot, building or structure shall be used and no building or structure shall be erected or altered to be used in whole or in part for any other than the following specified purposes.
Permitted uses shall be as follows: One-family attached- and semi-attached townhouse units.
Permitted accessory uses shall be as follows:
A. 
Other accessory buildings customarily incidental to any use permitted by this article, provided that such accessory building shall be on the same side with the building to which it is accessory and also, provided that such accessory building shall not be used for residential purposes.
B. 
Indoor and outdoor recreational facilities, including tennis courts, basketball courts, swimming pools, community center buildings, garden areas, common open space areas, provided that same is owned and operated as established pursuant to this chapter.
At least three off-street parking spaces shall be parked per townhouse unit on the site. A vehicular garage shall be counted as one such off-street parking space. An accessory driveway providing direct access to a townhouse unit shall be counted as one off-street parking space, provided that it has a length of at least 20 feet.
The maximum density shall not exceed six townhouse units per acre.
Required perimeter yard space shall be suitably landscaped, except where penetrated by streets, drives or walkways. Accessory off-street parking shall not be located closer to any property line than 50 feet.
No building shall contain less than three nor more than six attached- or semi-attached townhouse units.
A. 
Where a primary wall of a townhouse building (length of a building) is opposite another primary building, such buildings shall be separated by at least 40 feet.
B. 
Where the end wall of a townhouse building abuts the end wall of another townhouse building, such buildings shall be separated by at least 20 feet.
C. 
In any other case such townhouse buildings shall be separated by at least 20 feet.
Each townhouse unit shall be set back at least 20 feet from any common drive providing vehicular access to such unit and at least 30 feet from the primary means of vehicular circulation into and through the site.
A. 
Wherever in this Zone, a site plan or subdivision is required or accessory recreational facilities or roadways are proposed, the developer shall provide an organization for the ownership and maintenance of any open space, accessory recreational facilities and roadways for the benefit of owners or residents of the development, if said open space is not dedicated to and accepted by the municipality or other governmental agency. Such organization shall not be dissolved and shall not dispose of any open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the governing body.
B. 
In the event such organization shall fail to maintain the open space in reasonable order and condition, the Chief Building Official may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Chief Building Official may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they may be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Borough, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the governing body shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and the owners of the development to be held by the governing body, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Borough shall cease to maintain said open space at the end of said year. If the governing body shall determine such organization is not ready and able to maintain said open space during the next succeeding year, it may enter upon and maintain such land subject to a similar hearing and determination in each year thereafter. The decision of the governing body in any case shall constitute a final administrative decision subject to judicial review.
C. 
The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a lien and a tax on said properties and added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.
D. 
No certificate of occupancy or temporary certificate of occupancy will be applied for or issued by the Borough unless and until all proposed accessory recreational facilities, such as but not limited to tennis courts and swimming pools are completed and certified operational by the Chief Construction Official of the Borough.