[Ord. No. 196-2018, 9/12/2018]
In accordance with the planning goals of the Honey Brook Township
and Borough Multi-Municipal Comprehensive Plan and the purpose statements
and community development objectives set forth in Article I of this
Chapter, the A — Agricultural District is established to encourage
the preservation of large rural areas for agricultural, forest, and
conservation. This district includes much of the Township's Class
I, Class II, and Class III agriculturally productive soils, as well
as many lands permanently protected by conservation easement. It also
includes lands and streams which form the upper reaches of the Brandywine
watershed.
A. The regulations set forth herein are intended to achieve the following
specific purposes:
(1)
To minimize incompatible land uses and manage their potential
impacts on the district's agricultural and open lands, and headwaters
of the East and West Branches of the Brandywine River.
(2)
To support the existing agricultural economy.
(3)
To support Honey Brook Township's land preservation policies
contained within its adopted Land Preservation Plan.
(4)
To enable potential residential development to be transferred
to other, more appropriate locations within the Township and Honey
Brook Borough through the use of this Chapter's transferable development
rights provisions.
B. Residents of the A — Agricultural District must be willing
to accept the impacts associated with daily farming practices and
related businesses.
[Ord. No. 196-2018, 9/12/2018]
The following uses are permitted within the A District when in compliance with the provisions of this district, the applicable provisions of Part
9, General Regulations, the applicable provisions of Part
10, Supplemental Use Regulations, and any other applicable provisions of this Chapter.
A. Uses Permitted by Right. A building or other structure may be erected,
altered, or used, and a lot may be used or occupied, for any one of
the following principal uses, together with the permitted accessory
uses, by right in accordance with the terms of this Chapter:
(2)
Forestry/timber harvesting.
(4)
The severance of transferable development rights (TDRs) per the requirements of Part
7 of this Chapter.
(5)
Split-off of an agricultural-residential lot for single-family
dwelling or municipal use purposes.
(6)
Woodland or game preserve, wildlife sanctuary, or other conservation
purpose.
(7)
Single-family detached dwelling on an existing lot, or single-family
detached dwellings on lots proposed to be created through subdivision
of a lot into not more than three lots.
(8)
No-impact home occupation.
(9)
Kennel, boarding kennel, or animal shelter.
(12)
Non-tower wireless communication facility.
(13)
Bed-and-breakfast establishment.
(15)
Veterinary office or clinic, or animal hospital.
(16)
Cemetery, less than five acres in size.
(17)
Elder cottage housing opportunity (ECHO) dwelling.
(18)
Winery, as a second principal use on a property containing a
vineyard.
[Added by Ord. No. 197-2019, 7/10/2019]
B. Uses Permitted by Special Exception. The following uses shall be permitted when approved as a special exception by the Zoning Hearing Board in conformance with Part
14 and any other applicable provisions of this Chapter:
(1)
Single-family detached dwellings on tracts to be subdivided
into more than three lots and not using the lot split-off provisions
of this Chapter.
(2)
Limited-impact home occupation.
(3)
Cemetery, five acres in size or larger.
(4)
Church or similar places of worship.
(6)
Camp ground or camping park.
(7)
Public utility building and facilities.
(8)
Wholesale agricultural produce auctions, stockyards, and buying
stations.
(9)
Concentrated animal feeding operation.
(10)
Dead animal composting facility.
C. Uses Permitted as Conditional Uses. The following uses shall be permitted when approved as a conditional use by the Board of Supervisors in accordance with Part
13, Conditional Use, and any other applicable provisions of this Chapter:
D. Accessory Uses. The following accessory uses shall be permitted,
provided that they shall be incidental to any of the foregoing permitted
uses and where in compliance with all applicable provisions of this
Chapter:
(2)
Display and sale of produce or nursery products.
(3)
Private garage or private parking area.
(4)
Agricultural and nonagricultural accessory buildings.
(5)
Noncommercial swimming pool/hot tub and tennis courts.
(6)
Noncommercial antenna and towers.
(7)
Renewable energy systems.
(8)
Garage/yard and private vehicle sales.
(10)
Temporary structure, building, or use.
(11)
Other customary accessory structures and uses.
[Ord. No. 196-2018, 9/12/2018]
A. Single-family detached dwellings and any other use permitted in §
27-1702 not otherwise regulated by this Chapter:
(1)
Minimum gross lot area: 10 acres; except a lot shall have not
less than two acres of contiguous land complying with the definition
of "lot area" as found in this Chapter.
(2)
Minimum lot width at building setback line: 150 feet.
(3)
Minimum front yard: 40 feet.
(4)
Minimum side yard: 20 feet.
(5)
Minimum rear yard: 60 feet.
(6)
Maximum impervious surface ratio: 5% of the lot area.
(7)
Minimum lot width at street line: 50 feet.
(8)
Maximum Height of Buildings and Structures:
(a)
Single-family detached dwellings, other permitted uses: 35 feet.
[1] General farm buildings and silos: 80 feet.
(9)
Setback Requirements for Livestock and Poultry Structures:
(a)
Any structure used for the raising, keeping or breeding of livestock
or poultry shall not be less than 60 feet from any lot line; provided,
however, that the setback distance shall be increased to 100 feet
when the structure houses livestock in excess of 10 animals or poultry
in excess of 100 birds.
(10)
Area and Bulk Regulations Applicable to Nonconforming Lots. On any lawfully nonconforming lot in existence at the date of adoption of this Chapter, the area and bulk standards in §
27-1705D through
F shall be applicable.
[Ord. No. 196-2018, 9/12/2018]
A. The following design standards shall govern all uses, as applicable,
in this zoning district:
(1)
Lighting, screening and buffering, and outdoor storage shall
be in accordance with Part 9, General Regulations.
(2)
Signage shall be in accordance with Part 9, General Regulations.
(3)
Parking, loading, access, and interior circulation shall be
in accordance with Part 9, General Regulations.
[Ord. No. 196-2018, 9/12/2018]
A. To be eligible under the terms of this Section, a lot must qualify
as agricultural land. To qualify as agricultural land:
(1)
The lot shall be enrolled under and subject to the restrictions
of the Pennsylvania Farmland and Forest Land Amusement Act of 1974,
72 P.S. § 5490.1 et seq., or the Act of January 13, 1966,
P.L. (1965) 1292, § 1 et seq., 16 P.S. § 11941
et seq.
(2)
The lot shall be contained within the Township Agricultural
Security Area.
B. If not qualified under the terms of Subsection
A(1) and
(2) above, and only where deemed acceptable by the Board of Supervisors, the lot shall be shown to be producing or potentially productive farmland on the basis of: (1) current agricultural activity on the lot, investments made, and/or loans secured by the landowner for agricultural practices on the lot; and (2) a majority of the gross lot area of the lot contains prime agricultural soil (Soil Classes I, II, or III in the Soil Survey of Chester and Delaware Counties, U.S. Natural Resources Conservation Service).
C. An eligible lot shall have sufficient area such that the residual lot shall comply with the area and bulk regulations of §
27-1703A(1).
D. The owner of an eligible lot may create a lot through subdivision
from the lot under the terms of this Section. Such terms shall supersede
the otherwise applicable standards of this Part.
E. The landowner shall be permitted to create, in any twelve-month period,
one lot intended solely for residential use with a single-family detached
dwelling unit.
F. Any such lot shall conform to the following regulations:
(1)
Minimum gross lot area: one acre.
(2)
Maximum gross lot area: two acres.
(3)
Minimum lot width: 150 feet at the building setback line.
(4)
Minimum front yard: 60 feet.
(5)
Minimum side yards: 20 feet each side.
(6)
Minimum rear yard: 60 feet.
(7)
Maximum impervious surface: 20% of gross lot area.
G. Limitations to acreage applicable to creation of lots under this
Section:
(1)
Starting from the date of enactment of this Chapter, the total
acreage of the lots created under the terms of this Section cumulatively
shall not exceed 10 acres of gross lot area or 10% of the gross area
of the lot at the date of enactment of this Chapter, whichever is
less, and further subject to the provisions of Subsection G(2) below.
(2)
For the purposes of the ten-percent calculation set forth in
Subsection G(1) above, the gross area of the lot at the time of the
application for subdivision pursuant to this subsection shall exclude
the following:
(a)
Any area subject to conservation easement;
(b)
Any area used to calculate transferable development rights which
already have been severed, less any area in excess of the minimum
which would have been necessary to justify the transferable development
rights already severed.
H. When proposing to create a lot under the terms of this Section, the landowner shall comply with the requirements for a minor plan under the terms of the Township Subdivision and Land Development Ordinance [Chapter
22].
I. In presenting a sketch plan as required under that ordinance, the
landowner shall discuss the land use and site design implications
of the proposed lot with the Township Planning Commission regarding
road access, driveway location, avoidance of a strip of frontage lots
on existing roads, compatibility with Township objectives concerning
retention of rural character, the viability of continuing or potential
agricultural use of the lot, and maximum protection for prime agricultural
soils on the lot.
J. Consistent with these objectives, and unless deemed clearly infeasible
or otherwise undesirable by the Township, the additional dwelling
unit should be located adjacent to any existing dwellings.
K. The landowner shall demonstrate that the proposal is consistent with
the applicable terms of the Pennsylvania Farmland and Forest Land
Amusement Act of 1974, 72 P.S. § 5490.1 et seq., or the
Act of January 13, 1966, P.L. (1965) 1292, § 1 et seq.,
16 P.S. § 11941 et seq., the Township Agricultural Security
Area, or any other program, covenant, or restriction affecting the
property.
L. Upon creation of a lot under terms of this Section, a note shall
be placed on the final plan for recording, indicating the maximum
amount of acreage and number of lots eligible to be created in the
future under the terms of this Section.
[Ord. No. 196-2018, 9/12/2018]
Lands within the A — Agricultural District are intended
principally for use in commercial agricultural production, including
the keeping or raising of livestock or poultry. Owners, residents,
and other users of a lot may be subjected to inconvenience, discomfort,
and the possibility of injury to a lot and health arising from normal
and accepted agricultural practices and operations including, but
not limited to, noise, odor, dust, the operation of machinery of any
kind, the storage and disposal of manure, the application of fertilizers,
herbicides, and pesticides. Owners, residents, and users of a lot
should be prepared to accept these conditions and are hereby put on
official notice that § 4 of the Pennsylvania Act 133 of
1982, the Right to Farm Law, 3 P.S. § 951 et seq., may bar
them from obtaining a legal judgment against such normal agricultural
operations.