[Added 3-20-2017 by Ord.
No. 2017-01]
Purposes. In addition to the general goals listed in § 240-4 of this chapter, the purposes of this article are:
A.
To encourage and promote continued agricultural, open space, and
conservation uses in the AP (Agricultural Preservation) Zoning District,
while also permitting low-density residential development as would
be compatible with the existing rural character of the area and agricultural
uses.
B.
To recognize agriculture as a productive land use and as an ongoing
and viable component of the economy of the Township and Chester County
and to provide suitable areas for such uses.
C.
To preserve prime agricultural soils that are currently in agricultural
uses and to preserve natural resources, including forests, wetlands
and floodplains, which are least appropriate for development.
D.
To prevent adverse effects resulting from the encroachment and mixing
of residential and other incompatible development with agricultural
uses.
E.
To protect areas with productive agricultural soils for continued
or future agricultural use by conserving areas of land large enough
to allow for efficient farm operations;
F.
To conserve scenic views and elements of Newlin's rural character
and to minimize perceived development density by limiting views of
new development from existing roads; and
G.
To implement adopted land use, transportation, and community policies,
as identified in the 2011 Unionville Area Regional Comprehensive Plan.
Land in the Agricultural Preservation District may be used for
the following purposes:
A.
Uses by right.
(1)
Agricultural operations and related buildings, including CAOs and
CAFOs.
(2)
Woodland preserve, game preserve, wildlife sanctuary, or other similar
conservation uses.
(3)
Single-family detached dwelling.
(4)
Municipal use or public use; public park or recreation area, not
to include business facilities, storage of materials, trucking or
repair facilities, the housing of repair crews, or municipal sanitary
landfills. Utility buildings shall be set back 60 feet from any front,
side or rear lot line of any residential lot.
B.
Permitted accessory uses.
(1)
Accessory farm dwelling units (AFDUs), as defined in this chapter,
and subject to the following provisions:
(a)
The AFDU shall be located within the principal dwelling unit
or an existing or new outbuilding (such as barns, stables, carriage
houses and garages) and shall be designed to harmonize with the appearance
of the principal dwelling.
(c)
Maximum square footage of any AFDU:
[1]
40% of the total heated living space in the principal use to
which the unit is accessory, not to exceed 2,500 square feet.
[2]
However, an existing historic resource/structure that exceeds
the maximum square footage limit, may be converted and used as an
AFDU, provided that the only expansion is for accessibility or life
safety purposes (such as a fire escape). In addition, such historic
resource is not required, for any existing portions of the building,
to meet dimensional setback requirements of this chapter.
(d)
An applicant for a building permit for an accessory farm dwelling
unit (including a permit to convert an existing dwelling by adding
an accessory dwelling within the existing dwelling unit) shall present
with a building permit application, a permit from the Chester County
Health Department indicating that there are sufficient sewage disposal
facilities for the additional dwelling unit and that the existing
domestic water supply facilities are adequate to serve both the principal
and accessory farm dwelling unit. The applicant must also present
a restrictive covenant in recordable form which can be recorded against
the property to prohibit future enlargement of the AFDU or creation
of additional AFDUs beyond the limits, regarding size and number,
allowed in this chapter.
(e)
The AFDU shall not be permitted to have an additional accessory
building, such as a garage, unless such building is preexisting.
(f)
For AFDUs in new structures and for expansions of existing structures,
rear and side yard requirements shall be the same as for the new principal
structures.
(2)
Garden sheds, swimming pools for use by the occupants of the dwelling,
and similar individual recreational facilities.
C.
Use by special exception.
(1)
Animal hospital, veterinary office or kennel, subject to the requirements of § 240-72 of this chapter.
(4)
Adaptive reuse of historic resources/structures, subject to the requirements of § 240-82 of this chapter.
(5)
Manure processing, hauling, soil and sludge composting, subject to the requirements of § 240-85 of this chapter.
(7)
Utilization of nonconforming preexisting lots, subject to the requirements of § 240-88 of this chapter.
(8)
Professional home occupations in attached or detached dwellings, subject to the requirements of § 240-51 of this chapter.
(9)
A commercial equine activity that involves: a) the Boarding of more than 20 horses that are not owned by the owner or operator; b) providing lessons or training in handling, riding or driving to more than 10 individuals per week; or c) providing more than five group lessons in handling, riding or driving per week to a group of at least six people, subject to the applicant complying with the conditions in § 240-93.
A.
It is the purpose and intent of the Agricultural Preservation (AP)
District to limit the subdivision of lots from farms or the development
of nonagricultural uses and structures on existing farms. In addition,
it is the express intent of these provisions that the maximum size
of lots created for any use other than agriculture be limited in order
to provide for the retention of tracts of sufficient size to be used
for agricultural purposes. It is the intent of the Board of Supervisors
to implement the mandate of § 604(3) of the Pennsylvania
Municipalities Planning Code[1] to preserve prime agricultural land through the enactment
of these regulations.
[1]
Editor's Note: See 53 P.S. § 10604(3).
B.
Any lot existing on the effective date of this Article IV which is 10 or fewer acres in size shall be presumed to be used for residential purposes. No subdivision shall be permitted which shall increase the lot size of a lot used for residential purposes in excess of the maximum lot size set forth in § 240-29A(2)(b)[1] below, except as otherwise provided in § 240-31.
A.
Dimensional standards for properties in the AP District:
(1)
Standards for all principal uses other than single-family detached
dwellings: 10 acres, minimum lot area.
(2)
Standards for single-family detached dwelling units:
(a)
Maximum tract density: one single-family detached dwelling per
10 gross acres.
(b)
Lot area.
[1]
Lot area for nonfarm residential lot: one acre adjusted tract area (ATA), minimum lot area; and two acres ATA, maximum lot area. An applicant for subdivision of a lot to contain a single-family dwelling shall not be required to follow the four-step design process in § 185-29 of Chapter 185, Subdivision and Land Development (SALDO), but shall be required to provide an existing resources and site analysis plan, subject to the requirements of § 185-13D of Chapter 185, Subdivision and Land Development.
[2]
Lot area for farm residential lot: 10 acres gross, minimum lot
area.
(c)
Restriction from further subdivision.
[1]
Any subdivision or land development plan filed after the effective
date of this chapter shall specify which remaining lot or lots shall
carry a right of further subdivision to create any additional lot
or lots. Such information shall also be included in a restrictive
covenant agreement in favor of the Township, in a form satisfactory
to the Township Solicitor, specifying:
[2]
If this information is not included in any such subdivision or land
development plan, it shall be presumed that the largest lot having
a tract size of not less than 20 acres remaining after the subdivision
shall carry the right of further subdivision to create any additional
lot or lots.
(3)
Dimensional standards.
|
Use:
|
Minimum Lot Width at Building Setback Line
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard (each)
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Impervious Cover
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|
|
Principal uses, by right, on 10 or more acres
|
200
|
40
|
50
|
60
|
4
|
35
|
|
Single-family detached dwelling
|
200
|
40, from existing roads, new streets, country lanes or common
driveways
|
50
|
60
|
15
|
35
|
|
Accessory buildings, with ground floor area exceeding 500 square
feet
|
n/a
|
150
|
50
|
60
|
Counted with principal structures
|
35
|
|
Accessory buildings, with ground floor area exceeding 500 square
feet, housing livestock
|
n/a
|
150
|
150
|
150
|
Counted with principal structures
|
35
|
|
Accessory buildings, with ground floor area equal to or less
than 500 square feet
|
n/a
|
50
|
10
|
10
|
Counted with principal structures
|
35
|
|
Special exception and conditional uses
| ||||||
Land may be transferred between two adjoining parcels in order
to enlarge one of the parcels, subject to the following conditions:
Notwithstanding the provisions of other sections in this chapter
to the contrary, not more than one nonfarm residential lot may be
subdivided from any parent tract within any consecutive five-year
period, provided that the tract from which the new lot is created
shall not be less than 20 acres prior to the subdivision. Lots may
be created for agricultural purposes at any time, provided that no
lot shall be less than 10 acres.
All lands within the Agricultural Preservation District are
located within an area where land is used for commercial agricultural
production. 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, odors,
dust, the operation of machinery of any kind, including aircraft,
the storage and disposal of manure, the application of fertilizers,
soil amendments, herbicides, and pesticides. Owners, residents and
users of this property should be prepared to accept such inconveniences,
discomfort and possibility of injury from normal agricultural operations,
are hereby put on official notice that Section 4 of the Pennsylvania
Act 133 of 1982, The Right to Farm Law,[1] may bar them from obtaining a legal judgment against such
normal agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
