Thornbury Township City Zoning Code
ARTICLE 22
ADMINISTRATION
§ 27-2201 Enforcement.
[Ord. 2-1976, 2/3/1976, § 1700; as amended by Ord. 9-1977, 8/8/1977, § 2]
1.
This chapter shall be enforced by the Zoning Officer designated by the Board of Supervisors. It shall be his duty to:
A.
Enforce the provisions of this chapter.
B.
Accept applications for permits.
C.
Issue or deny permits.
D.
Identify and register all nonconforming uses.
§ 27-2202 Requirement of Zoning Permits.
[Ord. 2-1976, 2/3/1976, § 1701]
A permit shall be required prior to the erection or alteration of any building, structure, or portion thereof, prior to the use or change in use of a building or land, and prior to the change or extension of a nonconforming use.
§ 27-2203 Application for Zoning Permits.
[Ord. 2-1976, 2/3/1976, § 1702]
Applications for permits shall be made to the Township on such forms as may be furnished by the Township. Each application shall contain all information necessary to ascertain whether the proposed erection, alteration, use, or change in use complies with the provisions of this chapter.
§ 27-2204 Issuance of Zoning Permits.
[Ord. 2-1976, 2/3/1976, § 1703; as amended by Ord. 1-1997, 3/5/1997, § 1]
1.
No building or use permit shall be issued until the Zoning Officer has certified that the proposed building or alteration and the proposed use of the property complies with all the provisions of this chapter.
2.
Temporary Zoning Permits. The Board of Supervisors is hereby empowered to issue a temporary zoning permit for a limited use or change in use of a building, land or premises for a term not to exceed 30 days, notwithstanding any other section of this chapter.
A.
An applicant for a temporary zoning permit shall file a written application setting forth all necessary information in the office of the Zoning Officer at least five days prior to the next regular meeting of the Board of Supervisors. The Zoning Officer shall place the application on the agenda for consideration of the Board of Supervisors at said meeting.
B.
A temporary zoning permit shall only be issued in existent or emergency circumstances, for limited storage, construction purposes or for celebrations or other recreational purposes.
C.
A temporary zoning permit may be issued with conditions imposed by the Board of Supervisors in the interest of the safety and welfare of the community.
§ 27-2205 Application of Regulations.
[Ord. 2-1976, 2/3/1976, § 1704]
After the date of adoption of the Zoning Map and of this chapter, with any changes or amendments thereto, no building or premises or any part thereof shall be used or maintained for any purpose other than a use permitted by this chapter, with any changes or amendments thereto, and no building shall be erected, enlarged, or maintained except in conformity with the regulations prescribed by this article, with any changes or amendments thereto, for the district in which the building is located. Existing nonconforming uses and nonconforming buildings are exempt from these provisions to the extent provided in § 27-2101 of this chapter.
§ 27-2206 Forestry Activities.
[Ord. 2-1976, 2/3/1976; Ord. 1-2001, 3/21/2001, § 2; Ord. No. 1-2025, 6/18/2025]
1.
Purpose. The intent of this section is to permit and provide for, in accordance with Act 68 of 2000, 53 P.S. § 10603, opportunities within Thornbury Township for legitimate forestry activities while at the same time protecting and preserving the natural resources of the Township and the health, safety, welfare, and morals of its residents and the community.
2.
Use Regulations.
A.
By Right. Forestry shall be permitted by right within every zoning district within the Township, provided the activity shall otherwise comply with this section and the general regulations of the Township Zoning Code, and the regulations of the proposed zoning district, including any overlay district, wherein the forestry is to occur. Unless exempted under Subsection 2B, below, tree removal from a property shall be considered forestry activity and shall comply with the provisions of this section.
B.
Exceptions. Forestry shall not include tree removal under the following conditions:
(1)
Septic System. For the purposes of installing a new or replacement septic system.
(2)
Owner's Use. For consumption by the property owner on the property.
(3)
General Removal. Removal in any consecutive 12-month period of up to five or fewer healthy trees on an existing lot.
(4)
Damaged or Diseased. For removal of damaged, dying or diseased trees.
(5)
Hazard. For removal of trees posing an immediate threat to health, safety and/or welfare.
(6)
Natural Disaster. Tree removal resulting from a natural disaster.
(7)
Approved Construction/Development. Construction in accordance with approved subdivision or land development or otherwise in accordance with a building permit.
C.
Precautions. Forestry may be permitted in areas of steep slopes (15% to 25%), provided that effective erosion and sedimentation, slope stabilization and stormwater management controls are provided and approved by the Township.
(1)
No forestry activities shall take place within 20 feet of an adjacent property line. Adequate safety measures shall be demonstrated to protect neighboring property owners and structures from injury or damage.
(2)
Whenever forestry activity is proposed, the applicant shall first perform a tree inventory in accordance with § 22-610, Disturbance of Woodlands and Hedgerows, of the Township Subdivision and Land Development Code.
D.
Wetlands. No forestry activities shall occur within any riparian buffers, except for dead, diseased or dying trees.
E.
Other Regulations. Except as otherwise stated, the exceptions to forestry contained in Subsection 2B, above, the excepted activity shall still be subject to the general regulations of the Township Zoning Code, the regulations of the proposed zoning district, including any overlay district, wherein the excepted activity is to occur, including the tree replacement provisions of Chapter 22, Subdivision and Land Development, which shall be based on the property in the state in which it existed prior to the commencement of the excepted activity, and any and all other applicable federal, state and Township regulations.
3.
Contemplation of Subdivision/Land Development. In the event of the submission of a subdivision and/or land development application which includes any part or portion of a property upon which tree removal has occurred (whether or not pursuant to this section) at any time within 36 months of the date of the issuance of a permit under this section or, if no permit is required by this section, from the date such tree removal activity is completed, shall be considered to have been done in contemplation of subdivision/land development of the property. In such case, tree replacement shall be required in accordance with Chapter 22, Subdivision and Land Development. Tree replacement requirements shall be based on the property in the state in which it existed prior to the commencement of the tree removal activity.
4.
Bulk and Area Regulations. The maximum area of disturbance and impervious surface on the lot shall not exceed the percentage of allowable impervious coverage in the underlying zoning district.
5.
Standards of Approval.
A.
Permit. The applicant shall submit an application for and receive a forestry permit from the Township prior to commencing any forestry activities. The application shall address the requirements of this § 27-2206.
B.
Submission. The applicant shall provide documentation, satisfactory to the Township, detailing the forestry activity to be conducted by the applicant, which shall include, but not be limited to, the following:
(1)
Environmental Impact Assessment Report. The environmental impact assessment report (EIA) shall include: property setbacks from adjoining properties, photographs of the affected tract, an inventory of the number and types of trees to be removed, management techniques being employed, silviculture principles being implemented, nutrient management, method of restoration and replenishment to be implemented, proof of liability and workers' compensation insurance and the anticipated time frame for the proposed activity.
(2)
Highway Occupancy Permit. A PennDOT or Township highway occupancy permit may be required. Where a Township highway occupancy permit is required, the applicant shall:
(a)
Enter into a form of road maintenance and bonding agreement satisfactory to the Township, providing for, among other things, the applicant to protect, maintain, repair and restore Township roads; and
(b)
Post a bond or other financial security with the Township to guaranty the applicant's obligations under this subsection.
(3)
Erosion and Sedimentation Control Plan. An erosion and sedimentation control plan shall be provided that shows existing and proposed features, skid trails, landings, access routes and water crossings. Detail shall be provided pertaining to the stabilization and mitigation of cleared land. Stormwater management facility locations shall also be provided.
(4)
Safety. The applicant shall detail what measures shall be taken to preserve and protect the safety of persons and property of the Township, its residents and the community.
C.
Vehicles.
(1)
Identification. The applicant shall identify what commercial vehicles are to be used in connection with the application, including but not limited to those used to transport cut trees from the site, the number, size, type and capacity and the scheduling of the use of such vehicles. At the option of the Township, the applicant may be required to post a bond to ensure the integrity of the public roads used in the carrying out of the forestry activity.
(2)
Access. The applicant shall demonstrate that vehicles shall have adequate access to and within the site over an improved all-weather surface.
(3)
Traffic Control. The applicant shall identify proposed traffic control methods to be employed on and off the site to control ingress and egress of vehicles. The Board of Supervisors may impose reasonable limits on the hours during which commercial vehicles may enter and exit the site in order to avoid creating hazards on local roadways or disturbing adjoining or nearby residential districts.
(4)
Traffic Report. A traffic report prepared by a qualified traffic engineer shall be provided by the applicant.
(5)
Noise. The applicant shall identify the noise levels which are anticipated to be generated by the proposed use and shall identify the distances said noises may travel beyond the title lines of the proposed site and what methods the applicant shall employ in compliance with Township ordinances to protect the surrounding area from said noises.
(6)
Hours of Operation. The applicant shall identify the proposed hours of operation and the scope and nature of activity to be conducted during said hours.
D.
Emergency Contact Information. The applicant shall keep on file with the Township, at all times, up-to-date, 24-hour emergency telephone numbers and contact information for persons with authority over the property and operation of the forestry activity.
E.
Additional Information. The applicant shall provide such other information and documentation as the Township may reasonably require.
F.
Township Review. The Township shall review each application and issue a permit or a written denial within 45 days after the receipt of a completed application.
G.
Site Requirements.
(1)
Parking and Loading. Parking and loading shall be adequate to promote safe ingress and egress to the site as well as circulation within the site.
(2)
Signs. The provisions of Article 20 shall apply.
(3)
Screening. All loading or parking areas shall be adequately screened from view from any adjacent roadway or lot(s) for any forest activity exceeding one calendar day.
(4)
Security. The site shall be made secure and maintained in a secure fashion at all times.
H.
Other Standards. The applicant shall demonstrate that the proposed forestry activity complies with the following Township Code requirements:
(1)
Chapter 9, Grading and Excavating;
(2)
Chapter 19, Stormwater Management;
(3)
Chapter 22, Subdivision and Land Development, including, without limitation, traffic control, tree replacement and lighting and other standards;
(4)
Chapter 27, Zoning and Planned Residential Development; and
(5)
All other applicable federal, state and Township regulations.
I.
Plans shall be prepared in accordance with §§ 19-402 and 22-610, Subsection 10A, and all other applicable federal, state and Township regulations.
J.
On-Site Sales. On-site sales of any products or by-products of the forestry operation are prohibited, unless expressly authorized in the forestry permit.
