[Ord. 2002-06, 11/11/2002, § 401]
1.
Authority. The Rural Agricultural District is established in accordance
with:
A.
The Pennsylvania Municipalities Planning Code, §§ 603(b)(5),
603(c)(7), 603(g)(1), 603(h), 604(3), and 605(2)(vii), 53 P.S. §§ 10603(b)(5),
10603(c)(7), 10603(g)(1), 10603(h), 604(3), and 10605(2)(vii).
B.
The goals and objectives of the East Fallowfield Township Comprehensive
Plan (1999) and the East Fallowfield Township Open Space, Recreation,
and Environmental Resources Plan (1993).
2.
Purpose. In promoting the policies of the East Fallowfield Township
Comprehensive Plan and the East Fallowfield Township Open Space, Recreation,
and Environmental Resources Plan, the purpose of this Part is to:
A.
Accommodate and encourage continued agricultural use on soils classified
by the U.S. Department of Agriculture within agricultural capability,
Class I, Class II, and Class III, and listed in Appendix 27-1401-2
of this chapter.
B.
Accommodate the residential needs of those employed in agriculture
at a density compatible with agricultural use.
C.
Accommodate commercial activities which are carried out on farm properties
and involve principally the sale of farm products.
D.
Preserve open space and the rural character of the Township for the
welfare of current and future residents.
E.
Protect prime agricultural soils and existing farmland and reduce
development pressure that may negatively impact the agricultural industry.
F.
Provide development options for farmers to subdivide their properties
for development with a configuration that protects the viability of
the remaining land for agricultural production.
G.
Limit the type and amount of nonagricultural uses within the district
in order to avoid conflicts between agricultural and nonagricultural
uses.
[Ord. 2002-06, 11/11/2002, § 402; as amended by
Ord. 2003-01, 2/27/2003, § 1]
1.
2.
Accessory Uses. Accessory uses must be clearly incidental to and customarily associated with the principal use and located on the same lot as the principal use listed in Subsection 1, above, including:
B.
Farm buildings and associated structures.
C.
Private garages and outbuildings.
E.
Swimming pool, provided that it is located no less than 20 feet from
any lot line, is not within the front yard, and is enclosed with a
barrier sufficient to restrict unauthorized entry.
F.
Signs, in accordance with Part 16.
[Ord. 2002-06, 11/11/2002, § 403]
1.
Agricultural Uses.
A.
Unless otherwise stated, all lot sizes specified herein are exclusive
of public rights-of-way.
C.
Silos and bulk bins shall be exempt from area and bulk regulations
when attached to an existing structure.
D.
Barns, silos, and bulk bins shall be exempt from the maximum building
height limit when attached to an existing structure or located such
that the distance from the base of the barn, silo, or bulk bin to
both the nearest property line and the nearest street right-of-way
line is no less than the height of said barn, silo, or bulk bin.
E.
Parcels to accommodate agricultural uses shall be designed according
to the following standards:
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Minimum lot area:
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20 acres
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Minimum lot width at street line:
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200 feet
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Minimum setback from street right-of-way:
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100 feet
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Minimum side yard:
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50 feet each
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Minimum rear yard:
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100 feet
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Maximum building coverage:
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8%
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Maximum lot coverage:
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10%
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Maximum building height:
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35 feet
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F.
Residential uses, where adjacent to an intensive agricultural use,
shall be located a minimum of 100 feet from any adjacent intensive
agricultural use.
G.
Notwithstanding the provisions in this section, any nonconforming
lot within the RA Rural Agricultural District shall comply with the
setback requirements in the R-1 Low Density Residential District.
2.
Residential Uses. In order to protect, preserve, and promote agricultural
uses within the RA Rural Agricultural District, it is the intent of
this section that the creation of residential uses shall be specified
in order to retain tracts of sufficient size to be efficiently used
for agricultural purposes. As such, proposed subdivision for the development
of single-family detached dwellings on parcels as recorded on or before
the effective date of this chapter shall be designed as follows:
A.
The maximum number of residential units permitted for subdivision
from the parent tract shall be determined according to the formula:
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N = A/10
|
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Where "A" is the total area of the parcel to be subdivided,
excluding public and private rights-of-way, as it existed on the effective
date of this chapter, and "N" is the maximum number of dwelling units
to be permitted. Fractional values of "N" shall be rounded down to
the next lowest whole number. "N" shall include all existing dwelling
units upon the parcel.
|
B.
Each new lot for a single-family detached dwelling shall be as follows:
|
Minimum net lot area:
|
1 acre
|
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Maximum lot area:
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2 acres
|
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Minimum lot width at building line:
|
150 feet
|
|
Minimum lot width at street line:
|
100 feet
|
|
Minimum setback from street right-of-way:
|
50 feet
|
|
Minimum side yard:
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30 feet each
|
|
Minimum rear yard:
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50 feet
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Maximum lot coverage:
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15%
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Maximum building coverage:
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10%
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Maximum building height:
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35 feet
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In the case of lots entirely fronting the turnaround of a cul-de-sac
street, the lot width at the street line may be reduced to 75 feet.
| |
C.
Residential lots adjacent to an agricultural use shall have a minimum
setback of 50 feet from the property line abutting the tract containing
that agricultural use.
D.
No single residential lot created according to the standards of this section shall occupy more than 1 1/2 acres of Class I and Class II soils, as defined in § 27-1402, Subsection 8A. Residential lots may occupy more than 1 1/2 acres, provided that acreage above that amount is covered by Class III or less productive soils. Proposed subdivisions shall be consistent with the prime agricultural soils protection standards in § 27-1402, Subsection 8, of this chapter.
E.
Residential lots shall be so situated to create the least disruption
to agricultural operations on the tract.
F.
Prior to subdivision, the applicant shall identify upon a survey the location of all Class I, Class and Class III soils, as defined in § 27-1402, Subsection 8A, upon the parcel to be subdivided. This map shall demonstrate adherence of the plan to Subsection 2D, above, or, alternately, shall demonstrate that strict application of this requirement would result in inefficient, unsafe, or otherwise inappropriate design. The applicant shall use the U.S. Department of Agriculture Soil Survey of Chester County as basis for information, with field survey subject to determination of the Township.
G.
When less than the maximum number of residential lots is proposed
for subdivision from an agricultural lot, according to the formula
in Subsection 2A, above, the applicant for subdivision shall demonstrate
via a preliminary plan or other means satisfactory to the Township
that the remaining permitted parcels may be efficiently created in
a manner compatible with continued agricultural use. The Township
may require deed restriction of the remaining lands stating the number
of remaining residential lots which may be created.
H.
Remaining Lands.
(1)
Subdivision of residential lots from an agricultural lot according
to the standards of this section shall result in remaining lands of
no less than 20 acres, so located and configured as to be appropriate
for continued agricultural use.
(2)
In cases where creation of all the lots permitted by the formula
in Subsection 2A would result in remaining lands of less than 20 acres,
the applicant shall not be permitted to subdivide all such lots, but
only as many as will allow at least 20 acres as remaining lands.
3.
Remaining lands shall have frontage on a public street equal to or
greater than 40% of the frontage of the tract prior to subdivision.
4.
When the maximum number of residential lots has been created, as
determined by Subsection 2A and the above subsections, the remaining
lands, regardless of use, shall be deed restricted from further subdivision,
except for purposes of leasing for agricultural uses as defined by
this chapter.
[Ord. 2002-06, 11/11/2002, § 404]
1.
The primary purpose of this district is to accommodate commercial
agricultural production. Owners, residents, and other uses of property
in this district shall be subject to common characteristics of agricultural
activities which are sometimes regarded as objectionable including,
but not limited to, the creation of noise, odors, dust, the operation
of machinery of any kind during any time, the storage and application
of manure, fertilizers, herbicides, etc., and the heavy or slow vehicle
use of roads. Owners, residents, and users of this property should
regard these activities as normal, ordinary, routine, and as unavoidable
characteristics of an agricultural area and are furthermore assumed
to have accepted these characteristics by willingly choosing to reside
in the Agricultural Preservation District. Owners, residents, and
users of this property should be familiar with and aware of § 4
of Pennsylvania Act 133 of 1992, "The Right to Farm Law," 3 P.S. § 951
et seq., which may bar them from obtaining a legal judgment against
such normal agricultural operations.
2.
All new subdivided lots within this district shall include a notice
attached to the newly created deed specifying the notice provided
in this section.
[Ord. 2002-06, 11/11/2002, § 405]
Refer to Part 14, "Natural Resource Protection Standards"; Part
16, "Sign Regulations"; Part 17, "Supplemental Land Use Provisions";
Part 18, "Common Regulations"; and Part 19, "Conditional Use Regulations,"
for additional regulations applicable to this district.
