[Amended 6-27-2018 by Ord. No. 678]
In the RA-2 Residential District, the following regulations
shall apply.
A building may be erected or used and a lot may be used or occupied
for any one of the following purposes, and no other:
A.
Minimum lot area. A lot area of not less than 12,000 square feet
shall be provided for every dwelling or other building.
(1)
The minimum lot area for a nonresidential use shall be two acres.
B.
Minimum lot width. A lot width of not less than 80 feet at the building
line shall be provided for every dwelling or other building.
A.
Front yard. There shall be a front yard on each lot which shall not
be less than 40 feet in depth.
(1)
The minimum front yard for a nonresidential use shall not be less
than 50 feet in depth.
B.
Side yards.
C.
Rear yard.
(1)
There shall be a rear yard on each lot which shall not be less than
35 feet in depth.
(2)
In the case of any building other than a single-family detached dwelling
or a building accessory thereto, there shall be a rear yard, not less
than 50 feet in depth.
(3)
An accessory use structure, if entirely separated from the principal
building and located at least 10 feet further back than the rear of
the principal building, may be erected within the rear yard, but not
closer than 10 feet to the side or rear property lines.
A.
Residential. For each dwelling unit in this district, two all-weather off-street parking spaces shall be provided in accordance with the applicable provisions of Article XXIV, Off-Street Parking and Loading.
B.
Nonresidential. For any permitted use other than residential within this district, parking facilities shall be provided in accordance with Article XXIV, Off-Street Parking and Loading.
C.
Setbacks.
(1)
Residential. No parking, loading or driveway area shall be located
closer than two feet to any property line, except that portion of
the driveway required for normal ingress and egress.
(2)
Nonresidential. For any permitted uses other than residential within
this district, parking and loading areas shall be located no closer
than 25 feet to any property line.
B.
Accessory buildings and other structures. Swimming pools, tennis courts, and other accessory buildings or structures may be permitted within this district, subject to the applicable regulations of Article XXVI, General Provisions.
C.
Landscaping. All development hereinafter initiated in the RA-2 Residential
District shall have landscaping designed and maintained in accordance
with the applicable sections of the Subdivision and Land Development
Ordinance of Hatfield Township, as amended.[1]
D.
Hazardous uses. No building may be erected, altered or maintained,
and no lot shall be used for any purpose, trade or business that is
noxious, offensive, or potentially injurious to health by reason of
odor, noise, dust, smoke, heat, gas, radiation or vibration. No hazardous
materials, defined as all materials listed as hazardous by the Environmental
Protection Agency, or its successor, shall be permitted on the site.
E.
Common open space. Except as required by § 282-38.1C, all development within this district shall provide for not less than 12% of the total developable area of the tract and all nondevelopable area to be preserved as common open space. Common open space shall be designed in accordance with the following standards:
(1)
Common open space shall be so designated on the plans, and the plans
shall contain a notation stating, "Common open space shall not be
separately sold and shall not be further developed or subdivided."
(2)
Common open space areas shall be designed as a continuous system
of open space and shall be interconnected with open space areas on
abutting parcels whenever possible.
(3)
Common open space shall be provided with safe and convenient access
to the residentially developed areas of the tract by adjoining frontage
on streets or easements capable of accommodating pedestrian, bicycle,
and maintenance vehicle traffic. Common open space shall contain appropriate
access improvements and shall be provided with perimeter parking areas
as appropriate.
(4)
Common open space shall predominantly consist of natural environmental
features or planted and maintained vegetation which may contain walking,
biking, or equestrian trails, and other facilities as deemed appropriate
by the Board of Commissioners.
(5)
The common open space shall be acceptable to the Board of Commissioners.
(6)
Provision for ownership and maintenance of the common open space
shall be made in a manner so as to insure its preservation. This shall
be accomplished in one of the following manners:
(a)
The developer shall offer the common open space for dedication
for public use and maintenance, if required by the Township. However,
the Township need not require that the common open space be dedicated
nor accept dedication of the common open space if offered.
(b)
With permission of the Township, and with appropriate deed restrictions
in favor of the Township and in language acceptable to the Township
Solicitor, the developer may transfer the fee simple title in the
common open space or a portion thereof to a private, nonprofit organization
among whose purposes is the conservation of open space land and/or
natural resources; provided that:
[1]
The organization is acceptable to the Township and is a bona
fide conservation organization with a perpetual existence.
[2]
The conveyance contains appropriate provision for proper retransfer
or reverter in the event that the organization becomes unable or unwilling
to continue to carry out its functions.
[3]
A maintenance agreement acceptable to the Township is entered
into by the developer, organization and Township.
(c)
If the Township does not require dedication or permit transfer to a conservation organization as permitted in Subsection E(6)(b), above, the developer shall provide for and establish an organization for the ownership and maintenance of the common open space consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the deeds and agreements of sale for the common open space and for all individual lots within the tract shall contain the following requirements in language acceptable to the Township Solicitor:
[1]
Such organization shall not dispose of the common open space
by sale or otherwise except to the Township or other governmental
body unless the Township has given prior approval. Such transfer shall
be made only to another organization which shall maintain the common
open space in accordance with the provisions of this chapter.
[2]
The organization and all lot owners within the development shall
agree to be bound by the provisions of §§ 705(d)(2)
and (3) of the Municipalities Planning Code, Act of July 31, 1968,
P.L. 805, No. 247, as amended, 53 P.S. § 10705(d)(2) and
(3), relating to Township maintenance of deteriorating open space
and providing for the ability of the Township to access and lien the
properties within the development.
[3]
All lot owners within the development shall be required to become
members of the organization and pay assessments for the maintenance
of the common open space which may be increased for inflation and
which may provide for professional management.
[4]
The Township may require the formation of a reserve fund to
cover capital improvements to the common open space.
Criteria for cluster developments. Cluster development in accordance with the development standards contained in § 282-38.2 herein shall be permitted as a conditional use subject, among other applicable regulations, to the provisions of § 282-205 on sites meeting the following criteria:
A.
The tract of land to be developed shall be a minimum of 30 acres
in gross area and shall be held in single and separate ownership.
B.
The planned cluster development shall be serviced by public water
and public sewer acceptable to the Board of Commissioners and subject
to the approval of the Pennsylvania Department of Environmental Protection
and any applicable local authority.
Cluster developments shall be developed in accordance with the
provisions for development in the RA-2 Residential District above,
except as specifically modified by this section.
A.
Use regulations. In a cluster development, single-family detached
residential dwellings, open space, and recreational areas and structures
shall be permitted.
B.
Density. The number of dwelling units shall not exceed 2.2 dwelling units per developable acre over the developable area of the entire tract, including that portion of the tract to be permanently reserved as common open space. This limitation shall in all cases govern density except as modified by Subsection G.
C.
Lot area. A minimum lot area of not less than 10,000 square feet
shall be provided for every dwelling. Undevelopable land shall not
be counted when calculating the minimum lot area although such undevelopable
land may be included within the individual lots, only as determined
by the Board of Commissioners. There shall be an average lot area
of not less than 11,000 square feet for the development.
D.
Minimum lot width. A lot width of not less than 75 feet at the building
line shall be provided for every dwelling.
E.
Yard regulations.
(1)
Front yard. There shall be a front yard on each lot, which shall
be not less than 25 feet in depth.
(3)
Rear yards.
(a)
There shall be a rear yard on each lot, which shall be not less
than 25 feet in depth.
(b)
An accessory use structure, if entirely separate from the main
building and located at least 10 feet further back than the rear of
the main building, may be erected in the rear yard but shall not be
located within 10 feet of the rear or side property line.
G.
Historic or cultural resources. In a cluster development under this
section, as a conditional use, the maximum permitted tract density
may be increased by 0.10 dwelling units per developable acre where
the tract contains one or more Township historic or cultural resources
and such Township historical or cultural resources are preserved as
a part of the development plan in a manner acceptable to the Board
of Commissioners.
H.
A Township historic or cultural resource shall be defined as a site
or structure listed in the National Register of Historic Places, the
Pennsylvania Historic Resources Survey, the Montgomery County Inventory
of Historic and Cultural Resources, a listing of historic and cultural
resources compiled by the Board of Commissioners or the Planning Commission,
or other appropriate documentation acceptable to the Board of Commissioners.
