[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.
(8) 
Forestry, as defined by this chapter, including logging activities when in accordance with the standards in § 27-406.
(9) 
The following accessory uses, when in accordance with the applicable terms of § 27-1602:
(a) 
Swimming pool.
(b) 
No-impact home occupation.
(c) 
Farm-related business.
(d) 
Other customary residential and agricultural accessory uses.
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 22, the applicable standards contained in § 27-1603, and any other applicable provisions of this chapter:
(1) 
Major home occupation.
(2) 
Bed-and-breakfast establishment, as a use accessory to a single-family dwelling.
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 the terms of § 27-2111 and all applicable standards in § 27-1604:
(1) 
Cemetery.
(2) 
Place of religious worship.
(3) 
Kennel.
[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).
(a) 
Net lot area: one acre.
(b) 
Lot width at building setback line: 150 feet.
(c) 
Lot width at street line: 50 feet.
(d) 
Front yard: 50 feet.
(e) 
Side yards: 25 feet each.
(f) 
Rear yard: 50 feet.
(g) 
Maximum impervious surface: 25% of the net lot area.
(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:
1) 
Net lot area: five acres.
2) 
Lot width at building setback line: 200 feet.
3) 
Lot width at street line: 50 feet.
4) 
Front yard: 50 feet.
5) 
Side yards: 25 feet each.
6) 
Rear yard: 100 feet.
7) 
Maximum impervious surface: 5% of the net lot area.
(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:
(1) 
Net lot area five acres.
(2) 
Lot width at building setback line: 200 feet.
(3) 
Lot width at street line: 50 feet.
(4) 
Front yard: 50 feet.
(5) 
Side yards: 75 feet each.
(6) 
Rear yard: 100 feet.
(7) 
Maximum impervious surface: 50% of the net lot area.
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.
E. 
Maximum height of buildings and structures.
(1) 
Single-family detached dwellings and other permitted non-agricultural uses: 35 feet.
(2) 
Barns, silos, other general agricultural buildings: 85 feet.
[Ord. 2005-9, 12/29/2005, § 504]
1. 
Clustered residential development of single-family detached dwellings.
A. 
Except as otherwise required or permitted by this section, the standards contained in §§ 27-1309 and 27-1310 of this chapter pertaining to retained open space development shall be met.
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.
2. 
All uses permitted in the R-1 District shall be governed by the terms of the following provisions of this chapter, as applicable:
A. 
Part 17, "General Regulations."
B. 
Part 18, "Signs."
C. 
Part 19, "Off-Street Parking and Loading."
[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:
A. 
Net lot area: one acre.
B. 
Maximum net lot area: two acres.
C. 
Lot width at building setback line: 150 feet.
D. 
Lot width at street line: 50 feet.
E. 
Front yard: 50 feet.
F. 
Side yards: 25 feet each.
G. 
Rear yard: 100 feet.
H. 
Maximum impervious surface: 25% of the net lot area.
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.