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.

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.

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.

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.

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.

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.

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.

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.

Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Township shall be required.

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.

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.

All dwellings shall be designed to ensure natural light and ventilation, while affording maximum privacy.

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.

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.

Dwelling units and lots shall be clustered to minimize the disruption of the site and to provide for an adequate open space design.

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.

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.

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.

All areas designed for open space and recreational use shall also conform to § 155-709.

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.

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.

Although optional, the applicant is strongly urged to submit a sketch plan for review and discussion with the Township.

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.

The sketch plan shall include typical elevations of the proposed buildings.

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.

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.

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.

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.

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.

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.

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.

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:

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:

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.

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.

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.

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.

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.

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."

Common space areas may include:

Common open space areas shall not include:

Common open space is increased to a minimum of 50%.

Active recreation facilities, as recommended by the Design Review Committee and deemed appropriate by the Board of Supervisors, are incorporated into the project design.

Watercourses, wetlands, trees of 12 inches DBH or greater remain undisturbed in their natural state.

The preservation of agricultural uses and prime agricultural soils as defined by the USDA Soil Conservation Service.

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.

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.

The application shall propose a minimum of 100 dwelling units;

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;

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);

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;

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

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.

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.

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.

The minimum required percentage of open space (as per § 155-709) shall be achieved/proposed for each individual phase of the development.

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.

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.

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.

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.

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.

Base minimum lot size: 10,000 square feet.

Bonus minimum lot size: 8,000 square feet.

Minimum lot width (base and bonus).

Minimum front yard depth: 25 feet.

Minimum side yard: 10 feet.

Minimum rear yard depth: 30 feet.

Base maximum building coverage: 30%.

Bonus maximum building coverage: 35%.

Base maximum lot coverage (total): 40%.

Bonus maximum lot coverage (total): 50%.

Maximum building height: 35 feet.

Base minimum lot size per dwelling unit: 5,000 square feet.

Bonus minimum lot size per dwelling unit: 4,000 square feet.

Minimum lot width per dwelling unit (base and bonus).

Minimum front yard depth: 25 feet.

Minimum side yard: 10 feet.

Minimum rear yard depth: 30 feet.

Base maximum building coverage: 30%.

Bonus maximum building coverage: 35%.

Base maximum lot coverage (total): 40%.

Bonus maximum lot coverage (total): 50%.

Maximum building height: 35 feet.

Base minimum allowable lot area to be reserved for each dwelling unit, exclusive of common parking and street areas: 4,000 square feet.

Bonus minimum allowable lot area to be reserved for each dwelling unit, exclusive of common parking and street areas: 3,000 square feet.

Minimum distance between buildings: 50 feet.

Minimum setback from common parking: 20 feet.

Base maximum building coverage: 25%.

Bonus maximum building coverage: 30%.

Base maximum lot coverage: 40%.

Bonus maximum lot coverage: 50%.

Maximum building height: 35 feet.

Maximum building length: 160 feet.

Minimum setback from common open space: 20 feet.

The following additional standards shall apply when individual lots are proposed:

Maximum number of dwelling units per building: 12 units.

A minimum of 40% of the site shall be set aside for common open space.

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%.

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.

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.

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.

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.

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.

Open space areas shall contain only those structures relating to the designated purpose for which the land has been reserved.

All land set aside for open space shall be deed-restricted from further subdivision or land development.

All alluvial, floodplain and/or hydric soils as delineated in accordance with § 155-704C(1)(c) shall be preserved into permanent open space.

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.

The provisions for the placement and forms of open space shall be consistent with the Open Space, Recreation and Environmental Resources Plan.

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.

Areas to be preserved in common open space shall be held either individually or collectively using the following methods of ownership:

In addition to the foregoing, these documents shall contain the following minimum essential provisions with respect to such organization:

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.

Widths.

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.

Culs-de-sac; dead-end streets.

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.

Sidewalks, pathways and bridle, bicycle and hiking trails.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

All streets and areas of high pedestrian use shall be adequately illuminated, pursuant to standards determined by the Board of Supervisors.

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.

Detailed designs of outdoor signs shall be reviewed by the Board of Supervisors prior to the issuance of permits.

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.

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.

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).

The use and design of commercial and office facilities shall be reviewed by the Board at the time of submission for tentative plan approval.

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.

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.

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.

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.

All utilities, cable television and other lines shall be located underground within the PRD.

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.

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.

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.

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.

All signs shall be in accordance with Article XVII, Signs, and the following regulations:

The Chester County Planning Commission for study and recommendations to all aspects of the proposed development.

The West Chester Area School District for study and recommendation as to the provision of appropriate educational and related facilities in the proposed development.

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).

The Chester County Conservation District for study and recommendation as to preventing soil erosion and sedimentation during and after construction of the proposed development.

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.

The Chester County Health Department for study and recommendations to the adequacy of sanitary sewer systems.

The Pennsylvania Department of Environmental Protection as necessary for sewer, water, wetlands or other matters.

Tentative plan approval (§ 155-712).

Final plan approval (§ 155-716).

Site analysis plan.

Development plan.

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).

Neighborhood center plan.

Grading plan.

Landscaping and lighting plan.

Utilities plan.

Stormwater management plan.

Road profiles plan.

Environmental impact mitigation plan.

Architectural elevations, floor plans and perspectives.

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.

All sections of the development plan which include topography shall have the areas of 15% to 25% and 25% and greater slopes shaded.

The types and density of land use proposed for each of the various parts of the site.

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.

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.

A grading plan depicting existing and proposed contours at two-foot intervals and delineating retaining walls and other measures to minimize land disturbance.

The feasibility of proposals for the disposition of the sanitary waste and storm sewer and provision of water supply.

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.

The provisions for parking of vehicles and the location and width of proposed street, public ways, sidewalks, pathways, crosswalks, trails and the like.

The requested modifications in the land use regulations otherwise applicable to the subject property.

Fifteen copies of the plan shall be submitted and will be distributed by the Township Secretary to all the aforementioned review agencies.

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.

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.

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.

Grant tentative plan approval of the development plan as submitted;

Grant tentative plan approval subject to specified conditions not included in the development plan as submitted; or

Deny tentative plan approval to the development plan.

In what respects the development plan is or is not consistent with the Comprehensive Plan for the development of the Township;

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;

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;

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;

The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established;

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;

The adequacy or inadequacy of the development plan to create the sense of neighborhood described in § 155-703C(8);

The probability that the applicant will be able to obtain adequate financing to complete the development;

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

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.

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.)

The final plan shall be at a scale of not more than 50 feet to the inch and shall include the following information:

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:

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.

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.

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:

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.

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:

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.

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.

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.

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.