Article IV RC Rural Conservation District

§ 390-14 Purposes.

In conformance with the Municipalities Planning Code, particularly Section 604, Zoning Purposes, subsections (1), (3) and (5); and Section 605, Classifications, subsections (2) and (3), the purposes of this article, among others, are as follows:

(1)

To promote continued agricultural, greenway land, and conservation uses while also permitting additional residential development at an overall low density that will help to maintain the rural character of the district;

(2)

To provide for a choice of lot sizes and a range of net building densities to accommodate a variety of age and income groups and residential preferences so that the community's population diversity may be maintained;

(3)

To implement adopted Township policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the West Vincent Township Open Space and Recreation Plan, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents;

(4)

To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties; and

(5)

To implement adopted Township land use, transportation and community policies, as identified in the Township's Comprehensive Plan.

In order to achieve these purposes, this article provides for flexibility in designing new residential subdivisions by allowing four optional forms of development (from which the landowner shall be required to select one or, if permitted by the Township, more than one), referred to as "tiers," as summarized below. These design options shall not apply to lot line changes for parcels in existence prior to January 2, 1999, or created by any approved subdivision plan filed with the Township prior to January 2, 1999. The reconfigured lots resulting from the lot line changes to such parcels shall comply with the area and bulk requirements set forth in Exhibit F to this chapter.[1]

(1)

Tier I subdivisions. Relatively low density, providing for rural residential uses with flexible and reduced design standards in instances where a permanent conservation easement is offered to maintain such uses.

(2)

Tier II subdivisions. Moderate density, providing for rural-suburban residential uses in conventional layouts of standard house lots and streets.

(3)

Tier III subdivisions. Higher density, providing for residential uses and neighborhood greenway land in flexibly designed layouts with (where appropriate) other improvements serving the community, such as central water systems and community sewage disposal facilities.

(4)

Tier IV subdivisions. Greater density, providing for residential uses and a larger percentage of neighborhood greenway land in more flexibly designed layouts with (where appropriate) other improvements serving the community, such as central water system and community sewage disposal facilities.

[1]

Editor's Note: Appendix F, Area and Bulk Regulations – 1987 Zoning Ordinance, is an attachment to this chapter.

These four options are all "as-of-right" alternatives and do not require conditional use or special exception permits. However, approval is subject to applications meeting certain design standards and performance standards contained in this chapter and in Chapter 315, Subdivision and Land Development, of the Township's Code. These options are intended to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplains and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and visual resources). In this way the Township will be better able to accommodate future growth with a minimal amount of land disturbance, in accordance with Township land use policies as articulated in the West Vincent Township Comprehensive Plan and the West Vincent Township Greenway Land, Recreation and Natural Resources Plan.

§ 390-15 Applicability.

General. This article applies to all land within the RC Rural Conservation District.

Special conditions associated with Tier I subdivisions. Regulations for Tier I subdivisions as set forth in this article apply to applicants who intend to subdivide their land at reduced densities than otherwise may be allowed under the provisions of the RC Rural Conservation District and who voluntarily grant a permanent conservation easement on such land to a qualified conservation organization.

Provisions for long-range planning purposes. The design of all new subdivisions shall reflect consideration of potential impacts the proposed layouts could have on the future usability of and possible uses of the newly created parcels and the need to conform with the purposes of this chapter. All new subdivisions shall therefore meet the design requirements for Tier I, Tier II, Tier III or Tier IV developments (as described in § 390-18 below). Consideration shall be given to the ultimate layout to ensure that all zoning provisions can be met, particularly those involving greenways identified in the Township's Open Space and Recreation Plan. Toward this end, applicants shall complete an existing conditions and site analysis plan and shall also complete the first step of the "five-step" design approach identifying primary and secondary conservation areas, as described in Chapter 315, Subdivision and Land Development, of the Township's Code.

Exemption for preexisting parcels less than 10 acres. If an applicant is seeking to subdivide a parcel containing less than 10 acres as of the effective date of this chapter, such shall be subdivided in accordance with the area and bulk regulations which previously applied to parcels in this zoning district per the West Vincent Township Zoning Ordinance of 1987, as amended, which provisions are contained in Appendix F,[1] unless the applicant can demonstrate that subdividing the parcel will comply with the greenway land requirements of this chapter, as amended, in providing an interconnected greenway network of greenway land, which is a principal objective of this chapter.

[1]

Editor's Note: Appendix F, Area and Bulk Regulations – 1987 Zoning Ordinance, is an attachment to this chapter.

Exemption for Act 319 subdivisions. If an applicant is seeking to subdivide or effectuate a lot line change of a lot that has been approved under, and is subject to the protection of, the Pennsylvania Farmland and Forest Land Assessment Act of 1974, 72 P.S. § 5490.1 et seq. (commonly known as "Act 319" or the "Clean and Green Law"), the minimum lot area and the maximum density shall be the lesser of the dimensional standards set forth in the tier design option selected by the applicant or two acres (i.e., a minimum lot area of two acres and a maximum density of one dwelling unit per two acres). All of the foregoing shall be conditioned on the applicant complying with all applicable requirements of Act 319.

§ 390-16 Use regulations.

Uses by right. A building or structure may be erected, altered or used, and a lot or premises may be used or occupied for one of the following purposes and no others:

(1)

Passive agricultural uses and buildings related to the same.

(2)

Woodlots, arboreta and other similar silvicultural uses.

(3)

Woodland preserve, game preserve, wildlife sanctuary, or other similar conservation use.

(4)

Subject to the compliance with provisions of § 390-163, the breeding, raising or boarding of animals (excluding, however, the breeding, raising or boarding of pigs, which is expressly prohibited), provided that the minimum area of the tract on which the use is conducted shall not be less than 10 acres, except as otherwise expressly provided in § 390-163.

(5)

Single-family detached homes.

(6)

Single-family attached dwellings in Tier III and Tier IV developments, subject to a maximum of four units within any single building and a maximum of 33% of all dwelling units within the development.

(7)

Low-intensity recreation use area.

(8)

Municipal building or use.

(9)

Essential services.

(10)

Bed-and-breakfast use on a lot of at least three acres, provided that:

(a)

Host rentals. If the owner of the property will remain on site during the entirety of the rental period, then no more than three guest rooms may be let at any one time, with a maximum occupancy of six guests. One improved off-street parking space per guest bedroom must be provided.

(b)

Non-host rentals. If the owner of the property will not remain on site during the entirety of the rental period, then the rental period shall not exceed 15 consecutive days and the number of overnight guest stays shall not exceed 60 nights per year. One improved off-street parking space per guest bedroom must be provided. The non-host rental bed-and-breakfast must also remain incidental and secondary to the principal residential use of the property.

(c)

The owner of a bed-and-breakfast use shall register with the Township prior to commencement of the use and on or before the end of January of each calendar year, providing the name, type of bed-and-breakfast use, number of guest rooms, number of guest bedrooms, number of rental nights in the prior year (in the case of a non-host rental bed-and-breakfast use), and the emergency contact information of the property owner.

Conditional uses. Any of the following uses may be permitted as a conditional use when authorized by the Board of Supervisors, subject to the standards established herein and the standards of § 390-219 of this chapter.

(1)

Commercial greenhouses, provided they are situated no less than 100 feet from an adjoining property line or public right-of-way.

(2)

Church or similar place of worship, including rectory or parish house.

(3)

Boarding stables, excluding commercial hack stables, provided they meet the standards of § 390-163 and the following minimum requirements:

(a)

Minimum lot area: 10 acres.

(b)

Such stables shall be an accessory use to a principal dwelling located on the same lot.

(4)

Cemetery, provided that the parcel devoted to this use shall not be less than 20 acres.

(5)

Public utility building or use; not to include business facilities, storage of materials, trucking or repair facilities, the housing of repair crews, private or municipal sanitary landfills.

(6)

Clubs for swimming, golf, horseback riding, tennis, or other racquet sports, provided that:

(a)

The minimum tract size is not less than 10 acres;

(b)

Each structure or building shall be clearly incidental to the outdoor use;

(c)

Any club or lodge building and its services shall be for the use of members and their guests only;

(d)

Amusement parks, pitch and putt, miniature golf, go-cart tracks, rifle ranges, or similar uses shall be prohibited. Driving ranges shall be permitted only as part of a regulation golf course; and

(e)

All outdoor uses or activities shall be conducted on and confined to the premises.

(7)

Personal-use airport for personal use by the landowner only, provided the minimum tract size is not less than 10 acres and in accordance with § 390-157 of this chapter.

(8)

Bed-and-breakfast use on a lot less than three acres in area, subject to compliance with the requirements of §§ 390-16A(10) and 390-219.

Uses by special exception. Any of the following uses may be granted as a special exception when authorized by the Zoning Hearing Board, subject to the standards of § 390-228 of this chapter:

(1)

Conversion of one or more farm buildings or structures existing at the effective date of this chapter, located in a cluster, or a close grouping of buildings or structures typically associated with a farm lot, into a single-family detached dwelling or multifamily dwelling, provided that the minimum total lot area for such a use shall be two acres for each dwelling unit so created, including the original single-family dwelling unit, and subject to the provisions of § 390-147.

Accessory uses. The following accessory uses shall be permitted, provided they are incidental to any of the foregoing permitted uses, subject to the applicable provisions of Article XXIII of this chapter, including § 390-144:

(1)

Customary residential accessory uses. The total impervious coverage of all structures associated with such accessory uses shall not exceed a maximum of 5% of the gross lot area, unless authorized by the Zoning Hearing Board as a special exception in accordance with § 390-228 of this chapter.

(a)

Private swimming pools, subject to the provisions of § 390-165.

(2)

Customary agricultural accessory uses, including the raising, breeding or boarding of pigs, poultry and fowl, subject to compliance with the provisions of § 390-163.

(3)

Private, noncommercial greenhouses.

(4)

Home occupations, in accordance with the provisions of § 390-152.

(5)

Accessory dwelling units, subject to the provisions of § 390-144.

(6)

Roadside stands for the sale of farm products and in accordance with the provisions of § 390-162.

(7)

Private, noncommercial nursery.

(8)

Communications antennas mounted on an existing public utility transmission tower, existing building or other existing structure, and communications equipment buildings subject to the provisions of § 390-167 of this chapter.

Combined approaches involving Tiers I, II, III and IV design. No tract may be used for more than one of the permitted "tiers" of residential development, unless it can be demonstrated to the satisfaction of the Board of Supervisors that additional tiers on that tract would comply with all the requirements of this chapter, and that they would also conform with its purposes.

§ 390-17 General regulations.

General. The design of all new developments in the RC Rural Conservation District shall be governed by the following minimum standards:

(1)

Ownership. The tract of land may be held in single and separate ownership or in multiple ownership. However, when a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility.

(2)

Site suitability. As evidenced by the existing conditions and site analysis plan, the conceptual preliminary plan and the detailed final plan, the tract incorporating this design option shall be suitable for such development in terms of environmental conditions, its size, and configuration.

(3)

Intersections and access. New intersections with existing public roads shall be minimized. Although two accessways into and out of subdivisions containing more than 15 dwellings are generally required for safety, proposals for more than two entrances onto public roads shall be discouraged if they would unnecessarily disrupt traffic flow.

(4)

Sensitive area disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, as shown on the existing conditions and site analysis plan. Lands within the one-hundred-year floodplain, or having slopes in excess of 25%, and rock outcroppings constitute such environmentally sensitive areas, where disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed application shall be prerequisite to approval of both the conceptual preliminary plan and the detailed final plan.

(5)

Community wastewater systems. In developments that are proposed to be served by community wastewater disposal systems, the selection of the preferred wastewater treatment alternative shall be based upon the Township's Act 537 sewage facilities plan.

§ 390-18 Area, bulk and layout regulations.

The following regulations shall apply to all residential uses in the RC Rural Conservation District:

Conformance with purposes. Site planning, including the layout of lots, streets, structures and required greenway space, shall be in compliance with the purposes of this article and with the overall purposes of this chapter.

Maximum density and adjusted tract acreage. Maximum density shall be calculated through the adjusted tract acreage approach as described in § 390-8 of this chapter (except in Tier I developments, where total tract area may be counted, excluding only lands submerged for six or more months of the year, such as lakes and ponds).

Area and bulk regulations in lieu of base zoning - "default setting." For the purposes of establishing nonconforming status for parcels in existence as of the effective date of this chapter or where provisions of this chapter require a minimum lot size or setback requirements, the minimum size for lots in this district shall be determined by § 390-18G(1) below, and the setback requirements shall be determined by § 390-18G(5) below.

Dimensional standards for Tier I subdivisions:

(1)

Maximum density. One dwelling unit per 10 gross acres, except as noted below.

(2)

Accessory dwelling units. A maximum of one accessory dwelling unit may be granted for any approved house lot in any Tier I residential development, in accordance with § 390-16D(5) herein, unless otherwise permitted under § 390-144.

(3)

Minimum required greenway land: 80% of total tract area.

(4)

Minimum lot area: none. Although no minimum lot size is prescribed, lots in Tier I subdivisions shall be designed to include a substantial proportion of greenway lands. Design standards and requirements for greenway lands are contained in Article XX of this chapter.

(5)

Minimum lot width at building setback line and frontage requirement.

(a)

Minimum lot width at building setback line: 150 feet.

(b)

All proposed lots shall possess at least 30 feet of frontage on a street, country lane, or common driveway meeting Township standards. Access strips to interior lots or flag lots shall not exceed 600 feet in length, except where deemed necessary by the Township because of site conditions or the depth of adjoining lots with road frontage. The land area within the driveway access strips shall not be included in the minimum required lot area or the maximum permitted impervious coverage.

(6)

Yard regulations. The builder or developer is urged to consider variations in the principal building position and orientation but shall observe the following minimum standards:

(a)

Front yard. For principal buildings: 100 feet from the ultimate right-of-way (or, in the case of an interior lot, the front lot line) of existing public roads, 50 feet from the ultimate right-of-way of new streets.

(b)

Rear yard: 50 feet minimum for principal buildings and 10 feet for accessory buildings.

(c)

Side yard: 40 feet for principal buildings.

(d)

Setback from agricultural operations: 100 feet minimum for new principal dwellings. Existing dwellings, new additions to existing dwellings, and any new accessory structures shall be exempt from this setback requirement.

(e)

Accessory buildings and structures: in accordance with § 390-144 of this chapter.

(7)

Maximum impervious coverage by buildings, structures and impervious surfaces. Maximum of 4% of adjusted tract acreage on entire subdivision tract (e.g., maximum 17,424 square feet of impervious coverage per house, based upon a minimum ten-acre gross density per principal residence). The calculation of impervious coverage for the purposes of this provision shall not include impervious coverage attributable to public sidewalks or driveways serving the lot (the scope of such exclusion to include shared driveways, but exclude discrete parking areas other than those directly in front of an approved garage).

Dimensional standards for Tier II subdivisions:

(1)

Maximum density. One dwelling unit per five acres of adjusted tract acreage. From the net area thus calculated, 5% shall be deducted to provide for street circulation, if applicable, prior to determining density.

(2)

Minimum required greenway land: 65% of adjusted tract acreage, plus all primary conservation areas. The minimum greenway land shall remain undivided to the extent practical. Any required public land dedication in accordance with § 315-47C of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent shall be in addition to the foregoing minimum greenway land requirement.

(3)

Minimum lot area (net): none.

(4)

Minimum lot width at street line (frontage requirement).

(a)

Minimum lot width at building setback line for single-family detached dwellings: 70 feet.

(b)

All proposed lots shall possess at least 30 feet of frontage on a public or private street or shall provide a common driveway meeting Township standards. Access strips to interior lots or flag lots shall not exceed 350 feet in length except where deemed necessary by the Board of Supervisors owing to site conditions or the depth of adjoining lots with street frontage. The land area within the driveway access strips shall not be included in the minimum required lot area or in the minimum required building envelope.

(c)

Minimum lot width at building setback line for single-family attached dwellings: 24 feet.

(5)

Yard regulations. The builder or developer is urged to consider variations in the principal building position and orientation but shall observe the following minimum standards:

(a)

(b)

Rear yard: 50 feet minimum for principal buildings. On reverse-frontage lots, the provisions of § 390-136D shall prevail.

(c)

Side yard: 40 feet for principal buildings.

(d)

(e)

Tract perimeter setback. All new buildings shall be set back not less than 60 feet from the tract perimeter unless an effective visual buffer exists; in which case, the Board of Supervisors may reduce the perimeter setback for structures to 50 feet. The Board may also require that such a buffer be created or amplified where existing vegetation does not provide effective visual screening in accordance with §§ 390-123C(5) and 390-139 of this chapter.

(f)

Accessory buildings and structures: in accordance with § 390-144 of this chapter.

(6)

Impervious coverage by buildings, structures and impervious surfaces. Maximum of 7% of adjusted tract acreage on each lot, including all buildings and impervious cover. The calculation of impervious coverage for the purposes of this provision shall not include impervious coverage attributable to public sidewalks or driveways serving the lot (the scope of such exclusion to include shared driveways, but exclude discrete parking areas other than those directly in front of an approved garage).

Dimensional standards for Tier III subdivisions:

(1)

Maximum density: one dwelling unit per 140,000 square feet of adjusted tract acreage.

(2)

Minimum required greenway land: 60% of adjusted tract acreage, plus all primary conservation areas. The minimum greenway land shall remain undivided to the extent practical. Any required public land dedication in accordance with § 315-47C of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent shall be in addition to the foregoing minimum greenway land requirement. Exceptions are permitted, however, allowing larger building lots with conservation easements in accordance with § 390-123 of this chapter.

(3)

Minimum lot area: none.

(4)

Minimum lot width at building setback line and frontage requirement.

(a)

Minimum lot width at building setback line for single-family detached dwellings: 70 feet.

(b)

All proposed lots shall possess at least 30 feet of frontage on a public or private street or common driveway meeting Township standards. Access strips to interior lots or flag lots shall not exceed 350 feet in length, except where deemed necessary by the Board due to site conditions or the depth of adjoining lots with street frontage. The land area within the driveway access strips shall not be included in the minimum required lot area or in the minimum required building envelope.

(c)

Minimum lot width at building setback line for single-family attached dwellings: 24 feet.

(5)

Yard regulations. The builder or developer is urged to consider variations in the principal building position and orientation but shall observe the following minimum standards.

(a)

Front yard: 25 feet from the edge of pavement of new private streets, 25 feet from the ultimate right-of-way of new public streets, and 50 feet from the ultimate right-of-way of existing Township roads.

(b)

Rear yard: 30 feet minimum for principal buildings.

(c)

Side yard: 10 feet for principal buildings.

(d)

(e)

(f)

Accessory buildings and structures: in accordance with § 390-144 of this chapter.

(6)

Maximum impervious coverage by buildings, structures and impervious surfaces. Maximum of 15% of adjusted tract acreage on each lot. The calculation of impervious coverage for the purposes of this provision shall not include impervious coverage attributable to public sidewalks or driveways serving the lot (the scope of such exclusion to include shared driveways, but exclude discrete parking areas other than those directly in front of an approved garage).

Dimensional standards for Tier IV subdivisions.

(1)

Maximum density: one dwelling unit per 120,000 square feet of adjusted tract acreage.

(2)

Minimum required greenway lands. Seventy percent of adjusted tract acreage, plus all primary conservation areas. The minimum greenway land shall remain undivided to the extent practical. Any required public land dedication in accordance with § 315-47C of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent shall be in addition to the foregoing minimum greenway land requirement. Exceptions are permitted, however, allowing larger building lots with conservation easements in accordance with § 390-123 of this chapter.

(3)

Minimum lot area: none.

(4)

Minimum lot width at building setback line and frontage requirements.

(a)

Minimum lot width at building setback line for single-family detached dwellings: 60 feet.

(b)

All proposed lots shall possess at least 30 feet of frontage on a public or private street or common driveway meeting Township standards. Access strips to interior lots or flag lots shall not exceed 250 feet in length, except where deemed necessary by the Board due to site conditions or the depth of adjoining lots with street frontage. The land area within the driveway access strips shall not be included in the minimum required lot area or in the minimum required building envelope.

(c)

Minimum lot width at building setback line for single-family attached dwellings: 24 feet.

(5)

Yard regulations. The builder or developer is urged to consider variations in the principal building position and orientation but shall observe the following minimum standards.

(a)

Front yard: 20 feet from the edge of pavement of new private streets, 20 feet from the ultimate right-of-way of new public streets, and 50 feet from the ultimate right-of-way of existing Township roads.

(b)

Rear yard: 30 feet minimum for principal buildings.

(c)

Side yard: 10 feet for principal buildings.

(d)

(e)

(f)

Accessory buildings and structures: in accordance with § 390-144 of this chapter.

(6)

Maximum impervious coverage by buildings and other structures and impervious surfaces: maximum of 20% of adjusted tract acreage on each lot for single-family detached dwellings and 50% of adjusted tract acreage on each lot for single-family attached dwellings. The calculation of impervious coverage for the purposes of this provision shall not include impervious coverage attributable to public sidewalks or driveways serving the lot (the scope of such exclusion to include shared driveways but to exclude discrete parking areas other than those directly in front of an approved garage). With respect to each lot containing a single-family detached dwelling unit, an additional 15% of the adjusted tract acreage shall be permitted as impervious coverage to the extent that such additional impervious coverage is required in order to construct pools, patios, decks and other approved, permitted accessory structures, subject, however, to the property owner satisfying each of the following conditions:

(a)

The property owner shall prepare an engineered plan dealing with all stormwater generated by all of the impervious cover at the property, along with proposed new improvements during a one-hundred-year storm;

(b)

The plan shall be reviewed by the Township Engineer at the cost and expense of the property owner;

(c)

The plan must be approved by the Township Engineer prior to the beginning of any earth movement or the issuance of a building permit; and

(d)

Upon plan approval by the Township Engineer and the issuance of a building permit, property owner may implement the plan under the oversight by the Township and the Township Engineer, the cost of which shall also be borne by the property owner.

Maximum height regulations (all tiers). The maximum height of buildings and other structures erected or enlarged in this district shall be as follows:

(1)

For any principal building or any building used for dwelling purposes: 35 feet.

(2)

For any farm building or farm structure, except silos and silo-related equipment: 65 feet.

(3)

For any accessory building or structure, except accessory farm buildings and farm structures: 25 feet.

Greenway land. Standards pertaining to the quantity, quality, configuration, ownership and maintenance of the greenway land created under this article are contained in Article XX of this chapter.

§ 390-19 Design standards.

Residential and agricultural uses by right.

(1)

Parking: as required by § 390-135 of this chapter.

(2)

Access and highway frontage: as required by § 390-136 of this chapter.

(3)

Landscaping and screening: as required by § 390-139 of this chapter.

(4)

Lighting: as required by § 390-141 of this chapter.

(5)

Visual resource protection: as required by § 390-143 of this chapter.