[Ord. 2005-9, 12/29/2005, § 501; as amended by Ord. No. 2020-01, 7/14/2020]
It is the purpose of this district to provide for limited density
of residential development in certain open areas of the Township,
for the purpose of enabling the retention of significant agricultural
land uses while preserving natural features and scenic landscapes
In this district, which contains much of the Township's most
agriculturally productive soils, the intent is to minimize land uses
that are incompatible with agriculture and to manage their potential
impacts on the district's agricultural and open lands. The R-1
District provisions are intended to support the existing agricultural
economy by limiting residential density and encouraging appropriate
site design. Residents of the R-1 District must be willing to accept
the impacts associated with daily farming practices and related businesses.
[Ord. 2005-9, 12/29/2005, § 502; as amended by
Ord. 2011-26, 10/17/2011, § 3]
1.
Land and buildings in the R-1 Agricultural-Residential District shall
be used for only one of the following purposes:
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 applicable standards contained in § 27-1602 and any other applicable provisions of this chapter:
(1)
Agriculture.
(2)
[Reserved].
(3)
Single-family detached dwelling.
(4)
Creation of a lot from an agricultural property for single-family dwelling purposes, in accordance with the terms of § 27-505.
(5)
Clustered residential development of single-family detached
dwellings.
(6)
Public utility operating facility.
(7)
Municipal, county, state, or federal use, excluding sanitary
landfills and correctional or penal institutions.
[Ord. 2005-9, 12/29/2005, § 503; as amended by
Ord. 2007-3, 3/29/2007, § 2]
1.
The following minimum (or maximum, where noted) requirements shall
apply, as applicable, to uses permitted in the R-1 District:
A.
Agricultural Use. Agriculture, farm houses, and usual agricultural
buildings shall be permitted without restriction except as follows:
(1)
To qualify as agricultural use, the minimum gross lot area shall
be 10 acres.
(2)
No barn lot, mushroom house, or area for the deposit, curing,
or storage of compost or manure shall be established closer than 100
feet to any property line and/or any right-of-way line.
(3)
In addition to a principal single-family detached dwelling,
a property in agricultural use shall be permitted a second dwelling
on the property.
(a)
The second dwelling unit may be attached to the principal single-family dwelling on the property or may be a detached dwelling. Where detached, such dwelling shall be located in compliance with the minimum setback and yard regulations in Subsection 1B(1). Creation of a separate, subdivided lot for the second dwelling unit shall not occur.
(b)
The opportunity for a second dwelling on the property shall be separate from, and in addition to, the right to create an additional lot or lots as provided in § 27-504.
(c)
Creation of a second dwelling unit under the terms of this section shall eliminate the opportunity otherwise provided in § 27-1602 for placement of a temporary dwelling on the property for parents or grandparents.
(d)
The owner of the agricultural property shall submit to the Township
a permit for an individual on-lot sewage disposal system issued by
the Chester County Health Department, certifying that the sewage disposal
facilities are adequate to serve the projected number of residents
of the accessory dwelling and/or the accessory dwelling unit plus
the principal dwelling unit.
(4)
Agricultural buildings shall not be constructed closer than
85 feet to a front property line nor closer than 50 feet to a side
or rear property line or right-of-way line.
(5)
No dwelling shall be constructed closer than 50 feet to a front
property line or closer than 25 feet to a side or rear property line
or right-of-way line.
(6)
The composting, stockpiling, and/or storage of manure shall
be prohibited unless the manure is generated from an agricultural
use on the property where it shall be composted, stockpiled, or stored,
and provided further that the same manure shall be composted, stockpiled,
and stored for use on that same property in accordance with any other
applicable standards of this chapter. This is not intended to include
temporary storage of manure from one agricultural property on a different
agricultural property for ultimate spreading on the second property.
(7)
The sale of farm products may be conducted on an agricultural
property in accordance with the following standards:
(a)
At least half of all produce and nursery products sold must
be grown, raised, or harvested on the premises.
(b)
Any permanent structure used to display and sell such goods
shall be located at least 100 feet from any side or rear property
line and 60 feet from the legal right-of-way line of any street. Where
farm products are sold from a temporary structure, such structure
shall be located a minimum of 25 feet from the street right-of-way.
No temporary structure shall be larger than 200 square feet. Mobile
stands (i.e., farm wagons, pick-up trucks, etc.) shall be located
outside the street right-of-way.
(c)
The structure and necessary parking area shall, in combination,
occupy not more than 4,000 square feet of the lot area.
(d)
All vehicular parking facilities shall be located outside of
the street right-of-way.
B.
Single-Family Detached Dwellings.
(1)
On a lot or tract with a gross area of less than five acres
as of the date of adoption of this chapter (November 25, 2003).
(2)
Alternate to cluster.
[Amended by Ord. No. 2020-01, 7/14/2020]
(a)
On a lot or tract with a gross area of five acres or greater as of
the date of adoption of this chapter (November 25, 2003) where single-family
detached dwellings are proposed without utilizing the cluster development
design provisions authorized by this section:
(b)
On a lot or tract with a gross area from five acres up to 15 acres as of the date of adoption of this chapter (November 25, 2003), where single-family detached dwellings are proposed without utilizing the cluster development design provisions authorized by Subsection 1B(2)(a) or (3), the following provisions shall apply:
1)
The minimum net lot area for each lot shall be calculated as
follows: 40% of the gross lot area shall be removed from the gross
area of the original lot or tract for calculation purposes. The remaining
lot area shall be divided by a minimum of one gross acre per lot.
The 40% open space land calculated above shall then be divided by
the number of lots on the tract and added in equal amount to each
lot. For example: when a gross area of a lot is five acres, 40% of
the five acres or two acres is subtracted from the five acres. The
three acres remaining are divided by one gross acre to reach the maximum
number of lots permitted on the tract. That is three one-acre lots,
and each lot shall have an equal share of the 40% reserved for open
space added to it. In this example, each lot (without regard to netting
out) would contain 1.66 acres gross.
2)
Lot width at building setback line: 150 feet.
3)
Lot width at street line: 50 feet.
4)
Front yard: 50 feet.
5)
Side yard: 25 feet.
6)
Rear yard: 50 feet.
7)
Maximum impervious surface: 25% of the net lot area.
(3)
Clustered residential development of single-family detached
dwellings with either individual or central water supply and individual
sewage facilities.
(a)
Gross tract area: five acres.
(b)
Maximum density: the maximum number of dwellings permitted shall
be determined by establishing the net tract area, as defined by this
chapter, and multiplying the resulting net acreage by 0.4.
(c)
Net lot area: not less than one acre, in order to accommodate
individual on-site sewage facilities.
(d)
Lot width at building setback line: 150 feet.
(e)
Lot width at street line: 50 feet.
(f)
Front yard: 50 feet.
(g)
Side yards: 25 feet each.
(h)
Rear yard: 50 feet.
(i)
Maximum impervious surface: 25% of the net lot area.
(j)
Minimum amount of protected open space: 40% of the gross tract
area.
(4)
Clustered residential development of single-family detached
dwellings with central water supply and community or public sewage
facilities.
(a)
Gross tract area: 40 acres, so as to provide a residential community
of sufficient size and capability to support and/or manage off-site
facilities.
(b)
Maximum density: the maximum number of dwellings permitted shall
be determined by establishing the net tract area, as defined by this
chapter, and multiplying the resulting net acreage by 0.7.
(c)
Net lot area: 10,000 square feet.
(d)
Lot width at building setback line: 90 feet.
(e)
Lot width at street line: 25 feet.
(f)
Lot depth: 110 feet.
(g)
Front yard: 20 feet.
(h)
Side yards: 10 feet each.
(i)
Rear yard: 35 feet.
(j)
Maximum impervious surface: 40% of the net lot area.
(k)
Minimum amount of protected open space: 65% of the gross tract
area.
C.
Any other principal use permitted in the R-1 District:
D.
Residential accessory buildings erected in side or rear yards shall
not be located closer than 10 feet from any side or rear lot line.
Residential accessory buildings shall not be permitted in any front
yard.
[Ord. 2005-9, 12/29/2005, § 504]
1.
Clustered residential development of single-family detached dwellings.
B.
Where dwellings are proposed to be served by individual water service and individual sewage facilities, as defined by this chapter, such facilities shall be in compliance with the requirements of the East Nottingham Township Subdivision and Land Development Ordinance [Chapter 22], the Chester County Health Department, and the Pennsylvania Department of Environmental Protection.
C.
The following standards shall apply to protected open space areas
that are part of clustered residential development in the R-1 District:
(1)
The preferred use of protected open space areas shall be agriculture.
Any proposed design of a clustered residential development shall demonstrate
measures to connect the protected open space on the tract with adjacent
open space and agricultural land and to minimize the intrusion of
the residential portion of the tract on agricultural activities.
(2)
There shall be a minimum separation of 100 feet between any
nonfarm dwelling constructed as part of the clustered residential
development and: (a) any portion of the proposed protected open space
on the tract that is to be used for agricultural purposes; and (b)
any land that is permanently restricted by conservation easement or
similar perpetual limitation to agricultural use. Where it deems necessary
and appropriate, the Board may require additional and/or alternative
protection for agricultural lands in the form of architectural and/or
vegetative screening, located within the yard areas of the proposed
residential lots.
(3)
Where some or all of the proposed protected open space on the
tract is to be used for agriculture, such use shall be a factor in
the design of the site for residential purposes. Proposed dwelling
units, roads, and sewage facilities shall, where feasible and practical,
be located so as to minimize disturbance to the tract's Class
I, Class II, and/or Class III agriculturally-suitable soils, as those
soils are designated in the Soils Survey of Chester and Delaware Counties
(U.S. Dept. of Agriculture, 1963, as amended and updated.).
(4)
On any tract with a gross area of 40 acres or more that is served
by community water service and community or public sewage facilities,
the area of protected open space shall include the following minimum
buffer areas adjacent to new nonfarm residential lots within the tract:
(a)
A buffer area with a minimum width of 50 feet, located between the residential lot line and any existing street frontage, shall be provided. Such buffer area shall be landscaped with street trees meeting the requirements of § 22-507, Subsection 1C, of the Township Subdivision and Land Development Ordinance [Chapter 22] that would otherwise be applicable to individual residential lots. The Board may require additional landscaping in the form of shrubs where it deems such landscaping necessary to mitigate and soften visual impacts on the road corridor from new residential lots. The buffer area shall contain no structures or any nonfarm residential driveway.
(b)
A buffer area with a minimum width of 20 feet, located between the residential lot line and any immediately abutting side or rear tract boundary line, shall be provided. Such buffer area shall be landscaped to achieve visual screening in accordance with the terms of § 22-507, Subsection 1A, of the Township Subdivision and Land Development Ordinance [Chapter 22]. The buffer area shall contain no structure or any nonfarm residential driveway.
[Ord. 2005-9, 12/29/2005, § 505]
1.
To be eligible under the terms of this section, a property must qualify
as agricultural land. To qualify as agricultural land:
A.
The property shall be enrolled under and subject to the restrictions
of Pennsylvania Farmland and Forest Land Amendment Act of 1974, 72
P.S. § 5490.1 et seq., or Act of January 13, 1966, P.L.
(1965) 1281, § 1 et seq., 16 P.S. § 11941 et seq.
B.
The property shall be contained within the East Nottingham Township
Agricultural Security Area.
C.
If not qualified under the terms of Subsection 1A or B, above, and
only where deemed acceptable by the Board of Supervisors, the property
shall be shown to be producing or potentially productive farmland
on the basis of: (1) current agricultural activity on the property,
investments made, and/or loans secured by the landowner for agricultural
practices on the property; and (2) a majority of the gross tract area
of the property 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).
2.
An eligible property shall have a gross tract area of not less than
10 acres.
3.
The owner of an eligible property may create a lot through subdivision
from the tract under the terms of this section. Such terms shall supersede
the otherwise applicable standards of this zoning district.
4.
The landowner shall be permitted to create, in any one twelve-month
period, one lot intended solely for residential use with a single-family
detached dwelling unit.
5.
The following minimum (or maximum, where noted) requirements shall
apply to any lot created under the terms of this section:
6.
Starting from the date of enactment of the chapter, the total acreage
of the lots created under the terms of this section cumulatively shall
not exceed 10 acres of gross tract area or 10% of the gross area of
the tract at the date of enactment of the chapter, whichever is less.
7.
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 East Nottingham Township Subdivision/Land Development Ordinance [Chapter 22] (except that the limitation on further subdivision contained in § 22-302, Subsection 1A(1)(e), shall not apply). 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 tract, and maximum protection for prime agricultural soils on the tract. 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.
8.
The landowner shall demonstrate that the proposal is consistent with
the applicable terms of Pennsylvania Farmland and Forest Land Amendment
Act of 1974, 72 P.S. § 5490.1 et seq., or Act of January
13, 1966, P.L. (1965) 1281, § 1 et seq., 16 P.S. § 11941
et seq., the Township Agricultural Security Area, or any other program,
covenant, or restriction affecting the tract. Upon creation of a lot
under the 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. 2005-9, 12/29/2005, § 506]
Lands within the R-1 Agricultural-Residential 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 this property may be subjected to inconvenience,
discomfort, and the possibility of injury to property 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 this property should be prepared to accept these conditions and
are hereby put on official notice that § 4 of the Pennsylvania
"Right to Farm Law," 3 P.S. § 951 et seq., may bar them
from obtaining a legal judgment against such normal agricultural operations.
