[Amended 11-13-2001; 10-8-2002; 7-8-2003 by Ord. No. 4-2003]
In addition to the general goals and purposes expressed in the community development objectives (§ 170-5), the AP Agricultural Preservation District is established for the following purposes:
A. 
To protect and preserve, to the maximum extent practicable and feasible, high-quality agricultural soils as a natural resource, and agricultural land and activities, as provided for in Sections 603(g)(1) and 604(3) of Act 247, as amended, the Municipalities Planning Code,[1] particularly those classified by the U.S. Department of Agriculture within Land Use Capability Class I, Class II, and Class III, which may include but are not limited to the following:
Ch
Chewacla Silt Loam
CdA
Chester Silt Loam
CdA2
Chester Silt Loam
CdB
Chester Silt Loam
CdB2
Chester Silt Loam
CdB3
Chester Silt Loam
EcB2
Edgemont Channery Loan
GeA
Glenelg Channery Silt Loam
GeA2
Glenelg Channery Silt Loam
GeB
Glenelg Channery Silt Loam
GeB2
Glenelg Channery Silt Loam
GeB3
Glenelg Channery Silt Loam
GnA
Glenville Silt Loam
GnB
Glenville Silt Loam
GnB2
Glenville Silt Loam
MgA2
Manor Loam
MgB2
Manor Loam
Soil classes referred to are those established by the United States Department of Agriculture as Agricultural Land Use Capability Classes I, and II and III and described in the Soil Survey of Chester and Delaware Counties, Pennsylvania, Series 1959, published by the Soil Conservation Service of the United States Department of Agriculture in May 1963.
[1]
Editor's Note: See 53 P.S. §§ 10603(g)(1) and 10604(3).
B. 
To minimize the loss of prime farmland to nonagricultural uses by accommodating nonfarm residential development in a manner that will neither obstruct nor interfere with farm operation.
C. 
To retain the pattern of land use, with limited nonfarm uses, that will enable the continued viability of farming within the Township.
D. 
To accommodate nonfarm residential development at densities which will assure a healthful water supply from on-lot wells and the safe disposal of sewage waste to on-lot systems.
E. 
To accommodate limited commercial activities customarily carried out on farm properties and generally involving the sale of farm products produced on-site.
F. 
To preserve agricultural and other natural resources, and the landscape of the Township, for the welfare of current and future residents.
A. 
Uses by right. Within the AP Agricultural Preservation District a building may be erected, altered or used, and a lot may be used, for the following purposes as a use by right:
[Amended 12-30-2003; 6-28-2010 by Ord. No. 01-2010; 1-3-2011 by Ord. No. 01-2011; 2-12-2013 by Ord. No. 01-2013]
(1) 
Agriculture, including an outdoor riding facility and uses conducted within such facility, in accordance with § 170-117 of this chapter;
[Amended 6-28-2010 by Ord. No. 01-2010]
(2) 
Forestry, in accordance with the terms of § 170-130.5 of this chapter;
(3) 
Conservation uses, including woodlands preserve, game preserve, arboretum or other similar use;
(4) 
Single-family detached dwellings in accordance with § 170-19B of this chapter;
(5) 
Veterinary hospital or clinic;
(6) 
Public use, structure, or building owned or operated by the Township or by an authority created by the Township.
B. 
Uses by special exception. Within the AP Agricultural Preservation District the following uses may be permitted by the Zoning Hearing Board as a special exception in accordance with Article XXII:
(1) 
Place of religious worship, in accordance with § 170-130.1 of this chapter.
[Amended 9-25-2006 by Ord. No. 2-06]
(2) 
[1]Cemetery, in accordance with § 170-130.2 of this chapter.
[Amended 9-25-2006 by Ord. No. 2-06]
[1]
Editor's Note: Former Subsection B(2), Private educational use, was repealed 5-12-2009 by Ord. No. 03-2009. This ordinance also redesignated former Subsection B(3) as Subsection B(2).
C. 
Uses permitted as conditional uses. Within the AP Agricultural Preservation District, the following uses may be permitted by the Board of Supervisors as conditional uses in accordance with § 170-157 and the applicable requirements of this article:
[Added 12-30-2003]
(1) 
Intensive agriculture, in accordance with § 170-118 of this chapter.
(2) 
Kennel, in accordance with the terms of § 170-130 of this chapter.
[Added 5-23-2005 by Ord. No. 7-05]
(3) 
Major home occupation, in accordance with § 170-119.
[Added 10-9-2007 by Ord. No. 6-2007]
(4) 
Commercial equine activity, in accordance with § 170-130.4 of this chapter.
[Added 6-28-2010 by Ord. No. 01-2010]
(5) 
Solar farm, in accordance with the terms of § 170-130.6 of this chapter.
[Added 1-23-2012 by Ord. No. 01-2012]
D. 
Accessory uses.
(1) 
The following accessory uses may be permitted, provided they are incidental to any of the foregoing permitted uses:
(a) 
Customary residential and agricultural accessory uses, in accordance with § 170-121 of this chapter;
(b) 
Accessory dwelling unit, in accordance with § 170-124 of this chapter;[2]
[2]
Editor's Note: Original Subsection (3), regarding recreational uses, which immediately followed this subsection, was repealed 5-23-2005 by Ord. No. 7-05.
(c) 
No-impact home occupation, in accordance with § 170-119 of this chapter;
[Amended 10-9-2007 by Ord. No. 6-2007]
(d) 
Small-scale keeping of livestock, in accordance with § 170-128 of this chapter.
[Added 5-23-2005 by Ord. No. 7-05]
(2) 
In no case shall a helistop, as defined in this chapter, be permitted as an accessory use.
[Added 11-10-2009 by Ord. No. 06-2009]
A. 
Agricultural lots, including those lots devoted to agriculture and intensive agriculture. Lots used for agriculture and intensive agriculture shall meet the following standards:
(1) 
Minimum gross lot area: 25 acres.
(a) 
Agricultural lots may include a single-family residential dwelling, subject to the overall density requirements of § 170-20.
(b) 
Existing agricultural lots less than 25 acres in size as of the date of adoption of this article may be used for agricultural purposes subject to compliance with all other applicable regulations herein.
(2) 
Minimum lot width at street line: 200 feet.
(3) 
Minimum front yard: 100 feet.
(4) 
Minimum side yard: 50 feet each.
(5) 
Minimum rear yard: 100 feet.
(6) 
Maximum impervious coverage: 12% of the gross lot area. Where the impervious coverage amount exceeds 10%, the use shall comply in full with the requirements for stormwater management contained in the Londonderry Township Stormwater Management Ordinance.[1]
[Amended 1-3-2011 by Ord. No. 01-2011]
[1]
Editor’s Note: See Ch. 125, Stormwater Management.
(7) 
Maximum building height: 35 feet. 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.
(8) 
Additional minimum setback regulations, as required by § 170-118 for intensive agricultural operations, shall be complied with.
B. 
Residential uses. Any new lot created for a single-family detached dwelling permitted by the provisions of § 170-18A shall comply with the following standards:
(1) 
Each new lot created for a single-family dwelling shall be as follows:
(a) 
Minimum gross lot area: one acre.
(b) 
Maximum gross lot area: two acres.
(c) 
Minimum net lot area: one acre.
(d) 
Minimum lot width at building line: 125 feet.
(e) 
Minimum lot width at street line: 50 feet.
(f) 
Minimum front yard: 50 feet.
(g) 
Minimum side yard: 30 feet each.
(h) 
Minimum rear yard: 50 feet.
(i) 
Maximum impervious cover: 20%.
(j) 
Maximum building height: 35 feet.
(k) 
Minimum accessory building setback: see § 170-121B(1).
C. 
All other uses. Lots used for any other principal use permitted by right or special exception by the provisions of § 170-17A and B shall meet the following standards. NOTE: Conservation uses and forestry shall meet the area and bulk regulations for agricultural use.
[Amended 5-12-2009 by Ord. No. 03-2009]
Cemetery
Township Use, Church
Veterinary Hospital or Clinic
Minimum gross and net lot area
10 acres
5 acres
5 acres
Minimum lot width at building line
500 feet
300 feet
200 feet
Minimum lot width at street line
100 feet
50 feet
50 feet
Minimum front yard
100 feet
100 feet
50 feet
Minimum side yard
50 feet
50 feet
50 feet
Minimum rear yard
100 feet
35 feet *
50 feet
Maximum impervious cover
5%
10%
10%
Maximum building height
50 feet
35 feet
35 feet
Minimum accessory building setback
See § 170-121
NOTE:
*Steeples shall be exempt from the maximum building height when attached to the principal structure.
A. 
Number of lots, dwellings or other principal nonagricultural buildings permitted.
(1) 
The number of lots which may be created or single-family dwellings or other principal nonagricultural buildings that may be erected on the parent tract shall be fixed according to the size of the parent tract. This number shall not be increased by the subdivision of such parent tract. Any subsequent owner of a parent tract or land remaining in the parent tract after subdivision shall be bound by the actions of his predecessor.
(2) 
For each 25 acres of gross tract area of a parent tract, there may be permitted one principal single-family dwelling or one principal nonagricultural building.
(3) 
Any such principal residential or nonagricultural use existing on a parent tract at the date of adoption of this article [July 8, 2003] shall be included in calculating the maximum number of principal residential or nonagricultural uses for which the tract is eligible under the terms of this article.
(4) 
Any new nonagricultural principal use proposed for a parent tract that already contains a nonagricultural principal use shall be located on a new lot created in accordance with the standards in § 170-19B or C.
(5) 
Any lot with a gross lot area less than 25 acres as of July 8, 2003, may be used for one principal residential or nonresidential use that is permitted under the terms of § 170-18, in addition to agriculture. Any lot created for such use shall be in accordance with § 170-19B or C.
(6) 
Whenever possible, each lot shall be created to contain and each dwelling or other nonagricultural building shall be erected on soils with the agricultural land use capability classification of IV, V, or VI, as defined in the Soil Survey for Chester and Delaware Counties, Pennsylvania. If subdivision of a lot with such soils or the location of a dwelling or other principal nonagricultural building upon such soils is not possible, the lot or dwelling or other principal nonagricultural building should be located to be directly adjacent to an existing public road, unless otherwise modified by the Township.
(7) 
No subdivision shall be permitted which increases the size of a lot of record used or to be used for residential purposes in excess of the maximum lot size as set forth herein.
(8) 
Following any approved subdivision, the parent tract shall have frontage on a public street equal to or greater than 40% of the frontage of the tract before subdivision.
B. 
Exemptions from limitation on subdivision of land. The following types of subdivisions shall not be counted against the maximum density quota established by § 170-20A:
(1) 
A subdivision, the sole purpose of which is to transfer land to increase the size of a tract being used for agricultural purposes, where both the parent tract from which the land is taken and the parent tract to which the land is added, will be 25 acres or greater after such subdivision.
(2) 
A subdivision to create a lot which will be transferred to the Township, a municipal authority created by the Township, or any other entity with the power of eminent domain.
C. 
Requirements for plans and deeds relating to lands within the Agricultural Preservation District. Any subdivision or land development plan hereafter filed with the Township for subdivision or land development of land in the Agricultural Preservation District shall specify on the recorded plan which lot or lots shall carry a right of further subdivision or erection of single-family dwellings or other principal nonagricultural buildings, if any such right remains from the quota allocated to the parent tract. The right of further subdivision or erection of single-family dwellings or other principal nonagricultural buildings, or a statement that no further subdivision or erection of other principal nonagricultural buildings is permissible, shall also be included in the deed to the newly created lot. If the designation of the right of further subdivision or erection of additional single-family dwellings or other principal nonagricultural buildings was not included on a subdivision or land development plan of a parent tract, it shall be conclusively presumed that the largest lot remaining after subdivision shall carry the right of further subdivision or erection of additional single-family dwellings or other principal nonagricultural buildings.
Uses in the AP District are under and subject to the supplemental regulations contained in this chapter and all other applicable ordinances, laws, and regulations.