A. 
Purpose. It is the purpose of this article, among others:
(1) 
To promote the policies of the most recent editions of the Sadsbury Township Comprehensive Plan, the Parks, Recreation and Open Space Plan, the Act 537, Sewage Facilities Plan, as updated and/or amended, and the provisions of the Pennsylvania Municipalities Planning Code (Section 603), as amended;[1]
[1]
Editor's Note: See 53 P.S. § 10603.
(2) 
To conserve farm land, prime agricultural land, and those areas containing unique and sensitive natural and historic features, woodlands, steep slopes, streams, floodplains and wetlands, by limiting them from development;
(3) 
To provide greater protection for farming, farm related activities, and natural resources. To protect areas with prime agricultural soils for continued or future agricultural use, by conserving areas of land sufficient to allow for efficient farm operations;
(4) 
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of disturbance of steep slopes;
(5) 
To provide for a diversity of lot sizes and housing choices to accommodate a variety of age and income groups and residential preferences, so the Township's future population may be accommodated without the provision of public sewer in this district;
(6) 
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;
(7) 
To provide for the conservation and maintenance of open land to achieve the above-mentioned goals;
(8) 
To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties; and
(9) 
To conserve scenic views and elements of the Township's rural character and to minimize perceived development density by limiting views of new development from existing roads.
B. 
Description of the development options in this district. In order to achieve the purposes of § 129-401A, this article provides for flexibility in designing residential subdivisions by permitting, by right, agriculture and agriculture-related business under § 129-402A(1) herein, and, by conditional use, two residential development options: a cluster option, under § 129-402C(1), herein, and a conventional development under § 129-402C(2), herein. The applicant is encouraged to select the option that allows for the greatest degree of innovative site design, the continued use of agriculture, and open space retention.
A. 
By-right uses. 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 purposes and no other.
(1) 
Agriculture and agricultural-related businesses pursuant to the provisions of § 129-1305.
(2) 
Single-family detached dwellings.
(3) 
Sadsbury Township municipal uses.
(4) 
The dwelling of the owner/operator of the farm on the parent agricultural tract.
(5) 
Single-family detached dwellings under the subdivision of the parent agricultural tract in accordance with § 129-403B.
(6) 
Riding academies and stables pursuant to the provisions of § 129-1336.
(7) 
Active and passive outdoor recreational facilities as required under Chapter 109, Subdivision and Land Development, other than Sadsbury Township municipal uses.
(8) 
Forestry pursuant to the provisions of § 129-1348, herein.
B. 
Special exception uses. 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 purposes when authorized as a special exception, by the Zoning Hearing Board, pursuant to Article XVIII.
(1) 
Bed-and-breakfast pursuant to the provisions of § 129-1310.
(2) 
Home occupations pursuant to the provisions of § 129-1318.
C. 
Conditional use. 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 when authorized as a conditional use by the Board of Supervisors pursuant to § 129-1708, herein.
(1) 
Single-family detached dwelling under the outside development option in accordance with the provisions of § 129-403D and subject to the following:
(a) 
Determination of the allowable density of residential uses shall be made according to the adjusted tract acreage density determination as specified in § 129-403C(1), herein.
(b) 
Sketch plan recommended. It is strongly recommended that applicants meet with the Planning Commission to discuss cluster development options prior to official submission of a conditional use application. Such discussion will require an informal sketch plan to identify and correct potential design problems before the expenditure of significant time and expense.
(c) 
Overlay district review. The applicants plan for the tract in question will be reviewed by the Township Engineer for compliance with the deductions of the various overlay districts as described in this chapter and in accordance with Table 4-1 in this Article IV.
(2) 
Single-family detached dwellings under the conventional development option in accordance with the provisions of § 129-403E and subject to the following:
(a) 
Determination of the allowable density of residential uses shall be made according to the adjusted tract acreage density determination as specified in § 129-403C(1), herein.
(b) 
Sketch plan recommended. It is strongly recommended that applicant meet with the Planning Commission to discuss cluster development options prior to official submission of a conditional use application. Such discussion will require an informal sketch plan to identify and correct potential design problems before the expenditure of significant time and expense.
(c) 
Overlay district review. The applicants plan for the tract in question will be reviewed by the Township Engineer for compliance with the deduction of the various overlay districts as described in this chapter and in accordance with Table 4-1 in this Article IV.
(3) 
Club or lodge for fishing, nature observations, or other similar recreation purposes pursuant to the provisions of § 129-1312.
(4) 
Outdoor recreation areas and facilities: parks, (except amusement parks), playgrounds, picnic grounds, and camps pursuant to the provisions of § 129-1330.
(5) 
Intensive agriculture pursuant to the provision of § 129-1305.
(6) 
Secondary family business pursuant to the provisions of § 129-1305.
(7) 
Plant nurseries, with associated greenhouses, pursuant to the provisions of § 129-1329.
(8) 
Solar and/or wind farms for purposes of electric generation for use and sale of electricity.
D. 
Accessory uses. Uses on the same lot with, and customarily incidental to, any of the foregoing uses pursuant to § 129-1302. No accessory structure shall exceed 50% of the primary structure.
(1) 
Private garage or private parking areas pursuant to the provisions of § 129-1302.
(2) 
Signs pursuant to the provisions of Article XV.
(3) 
No-impact home-based business, as defined in Article II.
(4) 
Customary accessory uses and buildings, provided they are incidental to the principal use pursuant to the provisions of § 129-1302.
(5) 
Accessory agricultural uses pursuant to the provisions of § 1219-1302.
A. 
Agricultural uses. In order to preserve and promote the continuation of agricultural uses in the Rural Residential District, the following area and bulk regulations shall apply to all agricultural and intensive agricultural uses:
(1) 
Minimum lot area: 10 acres.
(2) 
Maximum lot coverage (impervious): 10%.
(3) 
Maximum building height: 35 feet, except that barns, silos, and bulk bins shall be exempt from the maximum building height limit when attached to an existing structure or located such that the distance from the base of the barn, silo, or bulk bin to both the nearest property line and the nearest street right-of-way line is no less than the height of said barn, silo, or bulk bin. In no case shall any building exceed 85 feet in height.
(4) 
Intensive agricultural uses, where adjacent to a residential use, shall be located a minimum of 100 feet from any adjacent residential use.
B. 
Subdivision of parent agricultural tract for residential use. In order to preserve and promote the continuation of agricultural use in the Rural Residential District, it is the intent of this section that the creation of nonagricultural uses shall be specified in order to supplement a farmer's income while retaining tracts of sufficient size to be used for agricultural purposes, as follows:
(1) 
Applicability. These provisions shall apply to all tracts of 20 acres or more held in single and separate ownership as of the effective date of this chapter. The parent tract and subsequent subdivided lots must meet all applicable dimensional requirements.
(2) 
Density. Each parent tract containing 20 acres or more shall be permitted to subdivide one farm parcel and/or nonfarm parcel per every 20 acres, provided the remaining tract from which a lot is divided will not be reduced to less than 20 acres in size. The maximum number of lots permitted for subdivision from the parent tract shall be determined by dividing the total tract area of the parent tract by 20. Fractional values shall be rounded down to the next lowest whole number. The subdivision of a parent tract shall be limited to a maximum of one subdivision every three years.
(3) 
A nonfarm subdivided from a parent tract shall be not less than one acre and not more than 60,000 square feet. If the Pennsylvania Department of Environmental Protection regulations require an area greater than 60,000 square feet for the dispersal of nitrate nitrogen, the land area necessary for this dispersal shall not be permitted to be a part of the lot. The owner of the parent tract from which the lot is created shall record all necessary documentation to establish and grant a plume easement over adjoining land on the parent tract to provide for the necessary dispersal of the nitrate nitrogen in the septic effluent.
(4) 
Minimum lot size.
(a) 
Area: one acre or 43,560 square feet.
(b) 
Width:
[1] 
One hundred and twenty-five feet at the street line.
[2] 
One hundred and fifty feet at the building setback line.
(5) 
Maximum lot size: 60,000 square feet, provided that the lot shall contain no more than one acre of prime agricultural soils.
(6) 
Minimum yard requirements.
(a) 
Front yard: 50 feet.
(b) 
Each side yard: 50 feet.
(c) 
Rear yard: 50 feet.
(7) 
Maximum coverage (impervious).
(a) 
Maximum building coverage: 10%.
(b) 
Maximum lot coverages: 20%.
(8) 
Maximum building height: 35 feet.
(9) 
Lots shall be served by on-site or public water and on-site sewage disposal systems.
(10) 
Configuration. The layout of residential lots shall be grouped so that no more than one additional access to an existing public road will result. To allow for the nonagricultural development permitted in this district, yet to preserve prime agricultural soils and areas, the layout of lots shall create the least amount of disruption to agricultural practices, operations, and Productivity Class 1, 2 and 3 soils.
(11) 
The provisions of this article shall apply to all parent tracts as of November 5, 2001. Regardless of size, no parcel or lot subsequently subdivided from its parent tract shall qualify for additional lots pursuant to this section. All subsequent owners of parcels of land subdivided from a parent tract shall be bound by the actions of the previous owners of the parent tract. Likewise, any subsequent owner of any parent tract shall be bound by the provisions of this article and the actions of the previous owners such that for purposes of subdivision the number of new lots or dwellings erected on the parent tract shall be fixed according to the original number permitted on the parent tract and this number shall not be increased by the further subdivision of the parent tract; thus, transfer of ownership shall not create a new right to subdivide.
C. 
Density determination for residential uses.
(1) 
Adjusted tract acreage approach. The adjusted tract acreage shall be determined by subtracting the acreage noted in Table 4-1. The allowable density shall be determined by dividing the adjusted tract the acreage within the categories described below by the density factor for that category of land feature. The applicant shall submit to the Township a map showing the areas listed in Table 4-1, including shaded areas to correspond to the areas that exceed the maximum density factors in the Table.
Table 4-11
Adjusted Tract Acreage Density Determination
Land Feature
Density Factor
All areas within the rights-of-way of existing public streets or highways, or within overhead and underground utility Easements, access easements and conservation easements.
100%
Existing private streets
100%
Floodways, floodplains and flood fringes
100%
Recreation areas and historic sites as identified in the Sadsbury Township Parks, Recreation and Open Space Plan
100%
Prohibitive slopes over 25% (defined as change in elevation divided by horizontal distance, measured prior to site disturbance)
100%
Existing and planned stormwater management facilities
100%
Wetlands
100%
Contiguous areas of rock outcrop and boulder fields over 1,000 square feet
90%
Precautionary slopes between 15% and 25% (measured prior to site disturbance)
80%
Wooded areas not less than 1/4 acre in size composed of trees with an average diameter of not less than 8 inches measured at ground level
40%
Prime agricultural soils (US Department of Agriculture Class 1, 2 and 3 soils)
40%
1
If a portion of the tract contains more than one natural feature, subject to a deduction from the total tract acreage, such acreage shall be subject to the most restrictive deduction only.
(2) 
Density. Determination of the maximum residential density or maximum number of permitted dwelling units on any tract shall be based upon the results of the adjusted tract acreage approach, divided by two.
For example: An applicant owns a 100 acre parcel of land. Features located on the tract include 10 acres of floodplain, five acres steep slopes, five acres of moderately steep slopes, and five acres of prime agricultural soils. Based on the specifications in Table 4-1, the following percentages of each feature are to be preserved:
Floodplains and prohibitive slopes
100%
Precautionary slope
60% (minimum)
Prime agricultural soils
40% (minimum)
Floodplains + slopes + prime agricultural soils = 15 acres
[Subtract the 15 acres to be preserved from the original parcel size of 100 acres and the result is 85 developable acres.] Divide 85 by [2(the density factor)] and the result is 42.5. Reduce to the next lowest whole number and the resulting number of 42 represents the density or permitted number of housing units permitted on the original parcel.
D. 
Residential Development Option 1 - cluster development option. The following area and bulk regulations apply to the cluster development option:
(1) 
Maximum net density: Refer to maximum density formula in § 129-403C.
(2) 
Minimum lot size:
(a) 
Area: 20,000 square feet per dwelling unit.
(b) 
Width:
[1] 
Fifty feet at the street line.
[2] 
Seventy-five feet at the building setback line.
(3) 
Minimum yard requirements:
(a) 
Front yard: 35 feet from the ROW.
(b) 
Side yard: 15 feet each.
(c) 
Rear yard: 20 feet.
(4) 
Maximum coverage.
(a) 
Maximum building coverage: 20%.
(b) 
Maximum lot coverage: 25%.
(5) 
Maximum building height: 35 feet.
(6) 
Minimum common open space requirement.
(a) 
A minimum of 50% of the gross area shall be designated on the plan as common open space and held in a tract or tracts separate from the developable lots. Such open space shall be restricted from further subdivision or land development by deed restriction, conservation easement, or other agreement or form acceptable to the Township and duly recorded in the office of the Recorder of Deeds of Chester County, Pennsylvania, and shall be noted on the subdivision record plan.
(b) 
Open space areas required under the cluster development option shall adhere to the standards specified in § 129-1404B, Design standards - Park, recreation and open space.
(7) 
Lots shall be served by a public water supply system and a public sewer system.
(8) 
Residential uses shall have a minimum setback of 100 feet to the property line of existing adjacent agricultural uses.
E. 
Residential Development Option 2 - conventional development. The following area and bulk regulations apply to the conventional development option and existing single-family development.
(1) 
Minimum net density. Refer to maximum density formula in § 129-403C.
(2) 
Minimum lot size.
(a) 
Area: two acres or 87,120 square feet per dwelling unit.
(b) 
Width:
[1] 
One hundred fifty feet from the ROW.
[2] 
Two hundred feet at the building setback line.
(3) 
Minimum yard requirements.
(a) 
Front yard setback: 50 feet from the ROW.
(b) 
Side yard: 50 feet each.
(c) 
Rear yard 50 feet; 25 feet for accessory uses.
(4) 
Maximum coverage (impervious).
(a) 
Maximum building coverage: 15%.
(b) 
Maximum lot coverage: 20%.
(5) 
Maximum building height: 35 feet.
(6) 
Minimum recreation and open space requirement.
(a) 
The minimum recreation and open space shall be as established by Chapter 109, Subdivision and Land Development.
(b) 
Open space areas required under the conventional development option shall adhere to the standards specified in § 129-1404B, Design standards - Park, recreation and open space.
(7) 
Residential structure shall have a minimum setback of 100 feet to the property line of existing adjacent agricultural uses.
The following standards shall apply to cluster development subdivision where permitted by this chapter.
A. 
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 developed as a single entity with common undivided authority with a single applicant.
B. 
Limitation on site disturbance. The natural features listed in Table 4-1 shall not be disturbed by an amount exceeding the area that results from deducting the density factor from 100. (For example, not more than 40% of moderately steep areas may be disturbed: 100 - 60% density factor for moderately steep slopes = 40% maximum site disturbance of moderately steep slopes,
C. 
Each lot shall be bordered by common open space adjacent to the back yard
D. 
Farmstead or farmland design requirements. If the common open space is retained as a farmstead or as farmland, the entire tract may be used for agriculture and agriculture related activities. Said land is to be deed restricted from further development.
The primary purpose of this district is to accommodate commercial agricultural production. Owners, residents, and other users of property in this district shall be subject to common characteristics of agriculture activities which are sometimes regarded as objectionable, including, but not limited to, the creation of noise, odor, dust, the operation of machinery of any kind during any time, the storage and application of manure, fertilizers, herbicides, etc., and the heavy or slow vehicle use of roads. Owners, residents, and users of this property should regard these activities as normal, ordinary, routine, and as unavoidable characteristics of an agricultural area and are furthermore assumed to have accepted these characteristics by willfully choosing to resident in the Rural Residential District. Owners, residents, and users of this property should be familiar with and aware of Section 4 of Pennsylvania Act 133 of 1982, the "Right to Farm Law,"[1] which may bar them from obtaining legal judgement against such normal agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
A. 
Parking regulations contained in Article XIV shall apply to uses in this district.
B. 
Sign regulations contained in Article XV shall apply to uses in this district.
C. 
The supplemental regulations contained in Article XIII shall apply to uses in this district.
D. 
The general regulations contained in Article XIV shall apply to uses in this district.