In expansion of the statement of community development objectives contained in § 182-2 of this chapter, it is hereby declared to be the intent of this article with respect to R-1 Residential-Agricultural Districts to establish reasonable standards of performance and to promote the desirable benefits which agricultural uses and single-family detached dwellings will have in those areas of Upper Providence Township not presently served by public sewer and water facilities.
[Amended 2-21-1978 by Ord. No. 197]
In an R-1 Residential-Agricultural District,
a building may be erected, altered or used and a lot or premises may
be used or occupied for any of the following uses and no other:
A.
Agricultural uses, provided that a tract of not less
than five acres is available and further provided that any building
used in the keeping or raising of livestock or poultry shall be located
not less than 100 feet from an ultimate right-of-way line and not
less than 50 feet from any other property line.[1]
B.
A single-family detached dwelling.
C.
Any of the following uses when authorized as a special
exception:
(1)
A greenhouse.
(2)
Noncommercial recreation uses, including golf, tennis
and swimming clubs.
(4)
A stand, for use more than six months in any calendar
year, for the sale of products of the farm on which it is located.
(5)
Communications antennas, in accordance with the provisions of § 182-21.1, mounted on an existing public utility transmission tower, existing building or other existing structure, and communications equipment buildings, only upon a showing, in addition to any other that may be required under this chapter, that denial of such a special exception would have the effect of prohibiting the provision of personal wireless service. Communications towers are not permitted.
[Added 6-1-1998 by Ord. No. 372]
D.
Accessory uses on the same lot with and customarily
incidental to any permitted use.
[Amended 9-20-1982 by Ord. No. 231; 7-6-1998 by Ord. No.
374]
The following area, width and yard regulations
shall apply in the R-1 Residential-Agricultural District:
|
Lot Area
(square feet = a)
|
Building Coverage
(percentage = b)
|
Width
(feet = c)
|
Front Yard
(feet = d)
|
Side Yard
(minimum)
(feet = e)
|
Rear Yard
(feet = f)
|
|---|---|---|---|---|---|
|
43,560
|
10
|
150
|
40
|
20
|
50
|
A.
A lot area of not less than a square feet per dwelling unit.
B.
Total building coverage of not more than b percent of the total lot area.
C.
A lot width at the building setback line of not less
than c feet measured along the building line.
D.
A front yard depth of not less than d feet measured from the street line.
E.
An aggregate side yard total of 60 feet, of which
neither side shall be less than e feet.
F.
A rear yard depth of not less than f feet, except that an accessory use may be erected with the rear
or side yard not closer than five feet to the rear or side property
line.
The maximum height of buildings or structures,
except for farm buildings and silos, erected or enlarged in the R-1
Residential Agricultural District shall be:
[Added 2-21-1978 by Ord. No. 197; amended 12-16-1991 by Ord. No.
307; 8-7-1995 by Ord. No. 342; 2-7-2000 by Ord. No. 388]
In cases where development of a tract of land of at least 15 acres is to be undertaken, the developer shall provide community areas, playgrounds and tot-lots for the comfort and convenience of the prospective residents in this district. In this regard, the developer shall provide at least 10% of the total site area as usable open space. Such open space shall be governed by the provisions of Article IVA, Open Space and Recreational Facilities Chapter 154, Subdivision and Land Development. At the discretion of the Board of Supervisors, the developer may provide a fee in lieu of dedication as an alternative to setting aside open space. Said fee shall be provided in accordance with § 154-40.6 of Chapter 154, Subdivision and Land Development. For development of a tract of fewer than 15 acres, a fee in lieu of dedication shall be required, also in accordance with the provisions of § 154-40.6 of Chapter 154, Subdivision and Land Development.
[Added 4-4-1988 by Ord. No. 280]
A.
Intent. It is the intent of this section to provide
a means of developing single-family detached dwellings on lots some
of which are larger and some of which are smaller than is otherwise
required, incorporating areas of open space within the development;
all lots, when combined, represent the average lot size of 30,000
square feet as stated herein. It is further the intent of this option
to:
(1)
Consolidate otherwise scattered development.
(2)
Encourage the creation of internalized development
patterns.
(3)
Preserve open space through a combination of deed-restricted
easements and consolidation of common areas, similar to the concept
of clustering allowed in other articles of this chapter.
B.
Minimum tract size. In order to qualify for subdivision pursuant to this section, a tract of land shall contain not less than 35 acres in area. Flexible lotting may be permitted on tracts smaller than 35 acres as a conditional use when approved by the Board of Supervisors pursuant to the procedures contained in § 182-204 of this chapter, and provided that the applicant demonstrates that one or more of the following criteria are met:
[Amended 2-20-2001 by Ord. No. 401]
(1)
A significant portion of the tract contains natural
features which would be lost under traditional lotting. Features which
would be considered include, but are not limited to, floodplains,
wetlands, steep slopes, ponds or other water bodies, woodlands, and
hedgerows.
(2)
The open space preserved through flexible lotting
would preserve one of the properties, or a portion thereof, as identified
in the Township's Open Space and Environmental Resource Protection
Plan (1995) or subsequent amendments thereto, or properties identified
for preservation in the currently adopted Township Comprehensive Plan.
The open space preserved through flexible lotting could also serve
to link open spaces either currently preserved or identified for preservation
in the aforementioned documents.
(3)
An historic farmstead, its ancillary uses and/or buildings
or structures would be preserved and proposed for viable reuse.
(4)
The use of flexible lotting would better achieve the
Township's goals for maintaining its rural character than would development
under standard R-1 requirements.
C.
Lot size. A minimum lot size of 20,000 square feet
and a maximum lot size of five acres (217,800 square feet) shall be
permitted. An overall average lot size of 30,000 square feet shall
be required.
D.
Required yard areas. A front yard of at least 40 feet
from the ultimate right-of-way line must be provided. Two side yards
of not less than 20 feet each with an aggregate width of 50 feet shall
be provided. The rear yard shall be the normally provided rear yard
in an R-1 Residential-Agricultural District of 50 feet.
E.
A lot width of at least 100 feet shall be provided. Section 154-24D of Chapter 154, Subdivision and Land Development, regarding corner lot sizes, shall not apply to subdivisions pursuant to this section; provided, however, that corner lots shall have a minimum width of 125 feet on each street on which they abut. The maximum building coverage shall not exceed 15% of the lot.
F.
Open space requirements. An open space area of not less than 20% of the gross land area of the entire tract shall be provided. Such open space shall be governed by the provisions of Article IVA, Open Space and Recreational Facilities, of Chapter 154, Subdivision and Land Development; ownership and maintenance for the open space shall be governed by the provisions of § 154-40.5 therein. All common open space shall be reasonably accessible to the residents in the proposed subdivision. In calculating the open space requirement, excluded from the gross land area shall be existing rights-of-way for roadways and utilities.
[Amended 8-7-1995 by Ord. No. 342; 6-1-1998 by Ord. No.
373; 2-20-2001 by Ord. No. 401]
G.
Calculation of density. Each site is unique; it has physical features which are rarely duplicated precisely on another site. Portions of sites that contain valuable nonreproducible natural resources will be left protected and undisturbed. The purpose of this section is to determine the appropriate intensity of use to which a specific tract may be put. Initially, when applying for the lot-averaging alternative pursuant to this section, an applicant shall submit a plan accurately delineating woods and tree lines, steep slopes, floodplains and wetlands, as well as a road and lot layout drawn pursuant to the normal R-1 Residential-Agricultural District requirements. In addition to any other information required herein, this plan shall comply in all respects with the requirements for a tentative sketch plan, pursuant to § 154-11 of Chapter 154, Subdivision and Land Development, as well as all other applicable requirements of that chapter and of the Township Zoning Ordinance. It is the intent of this section to protect the environmentally sensitive areas as well as the existing character of the Township. However, the applicant shall be entitled to the total number of dwelling units permitted pursuant to the R-1 Residential-Agricultural District regulations. Once the number of dwelling units that is achievable through the R-1 District has been ascertained through the review of the submitted plan, then that number of dwelling units may be incorporated into a plan pursuant to this section.
[Amended 6-18-1990 by Ord. No. 299]
H.
Further subdivision. Any lot which under the R-1 Residential
Agricultural District would be capable of further subdivision shall
not be included in determining average lot area unless the possibility
of further subdivision is eliminated by deed restriction in a form
acceptable to the Township Solicitor and duly recorded in the office
of the Recorder of Deeds for the County of Montgomery.
I.
Sewer and water. Any development pursuant to this
cluster development alternative shall provide public sewers and a
centralized water system.
J.
Berms, buffers and large lots. In addition to the
preservation of environmentally sensitive areas, the intent of this
section is to preserve the rural atmosphere of Upper Providence Township.
Consequently, any plan submitted hereunder shall internalize the development,
and lots fronting on all existing public roads must create the impression
of a rural community through the use of large lots, landscaping and/or
berming or any combination of these items.
[Amended 12-16-1991 by Ord. No. 307]
(2)
Where residential development other than a large lot,
as defined above, occurs adjacent to any existing roads in the areas
deemed appropriate by the Board of Supervisors, a fifty-foot landscaped
buffer of deciduous and coniferous plant materials shall be installed,
forming a substantially visually impervious buffer at a minimum height
of eight feet at the time of installation and which may be maintained
at a minimum height of not less than 15 feet upon maturity. An earth
berm of a minimum height of six feet may be constructed, in which
case the Board of Supervisors may lessen its requirements for plant
materials. The Board of Supervisors may waive the requirements for
buffering if equivalent screening is provided by parks or by topography
or other natural conditions. Such a buffer area is required to diminish
the visual encroachment of residential development on scenic rural
areas and roadways.
(3)
Buffer areas shall be measured horizontally and at
right angles to either a straight lot or street lines or the tangent
lines of a curved lot or street lines. No above-surface structure
or activity, storage of materials or parking or vehicles shall be
permitted in the buffer area. All buffer areas shall be planted and
maintained with grass or ground cover, together with a dense screen
of trees, shrubs or other plant materials meeting the following requirements:
(a)
Planting plans shall be prepared by a registered
landscape architect and shall be so certified.
(b)
Plant materials used in screen planting shall
be at least six feet in height when planted and be of such density
as deemed appropriate for the activities involved. The plant materials
shall be of a species common to the area, be of nursery stock and
shall be free of insects and disease.
(c)
Buffer areas shall be permanently maintained,
and plant material which does not live shall be replaced within one
year or one growing season.
(d)
The screen planting shall be so placed that
at maturity the plant material will be no closer than three feet from
any street or property lines.
(e)
The Board, at its discretion, may consult with
a landscape architect regarding the appropriateness of the landscaping
plan as it relates to the physical characteristics of the site.
