East Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE V
R-1 Residential District
§ 399-20 Statement of intent.
[Amended 3-20-2002; 3-4-2010 by Ord. No. 02-2010]
A.
The R-1 Residential District is intended to maintain areas of low population density, compatible with the existing rural character and pattern of single-family residential land use, the significant constraints imposed by the natural environment (particularly steep slopes) and groundwater limitations), the lack of existing or planned community sewage facilities, the limited capacity of the road network, and the policy of the Township to limit the use of central water supply systems within the district in order to provide for orderly growth and utilization of natural resources in accordance with the Township Comprehensive Plan. Residential densities and dwelling types are established as means to achieve this land conservation objective and as appropriate components of the overall pattern of land use that is provided throughout the Township. Clustering of single-family dwellings is offered and encouraged as a site design mechanism to further the resource conservation objective.
B.
In the R-1 Residential District, the following regulations shall apply.
§ 399-21 Use regulations.
A.
Permitted uses. A building or other structure may be erected, altered, or used, and a lot may be used or occupied, for any of the following purposes, and no other:
(2)
Single-family detached dwellings within a clustered residential development, in accordance with the terms of this article.
(3)
Single-family detached dwelling.
[Amended 3-4-2010 by Ord. No. 02-2010]
(4)
Electric substation or other public utility, provided that there shall be no exterior storage of equipment or bulk storage of liquid or gaseous fuels.
(5)
Club for swimming, riding, golfing (excluding golf driving range or miniature golf course as a principal use), or similar recreational use, provided that no gunning shall be permitted on the lot so used.
(6)
School bus stop or similar public transportation facility, including shelter for passengers, provided that suitable arrangements are made for maintenance of such shelter, and provided further that no commercial advertising signs are affixed to the outside of such shelter.
(7)
No-impact home occupation, in accordance with the terms of § 399-93.
[Amended 11-29-2018 by Ord. No. 05-2018]
B.
Uses by special exception. Any of the following uses shall be permitted when approved as a special exception by the Zoning Hearing Board, in accordance with the terms of this article and the standards and criteria contained in § 399-145 of this chapter.
(1)
Religious use.
[Amended 10-3-2019 by Ord. No. 07-2019]
(2)
Animal hospital or similar veterinary facility, on a lot containing not less than 10 acres.
[Amended 10-19-2005 by Ord. No. 4-2005]
(3)
Cemetery, provided that the parcel devoted to such use shall contain not less than 10 acres.
(7)
Laboratory for agricultural and scientific research and development, provided that a lot devoted to such use shall contain not less than 10 acres and that no building shall be less than 100 feet from any lot line, the lot area and yard regulations of the district to the contrary notwithstanding.
C.
Conditional uses. The following uses shall be permitted when approved as a conditional use by the Board of Supervisors in accordance with the terms of this article and § 399-137:
(1)
Mobile home park.
(2)
Major home occupation, in accordance with the terms of § 399-93.
[Amended 7-16-2014 by Ord. No. 02-2014; 11-29-2018 by Ord. No. 05-2018]
(3)
Solar farm, in accordance with the terms of § 399-102.5 of this chapter.
[Added 2-7-2013 by Ord. No. 01-2013]
(4)
School.
[Added 10-3-2019 by Ord. No. 07-2019]
§ 399-22 Area and bulk regulations.
[Amended 11-15-2000; 3-20-2002]
A.
The following regulations shall apply in the R-1 District to those uses permitted under §§ 399-21A(3) and (4), and B(1):
[Amended 3-4-2010 by Ord. No. 02-2010]
(2)
Minimum lot width. Each such lot shall have a width of not less than 200 feet, measured at the building setback line.
(3)
Minimum front yard. No such building shall be situated less than 50 feet from the front lot line.
(4)
Minimum side and rear yard. No principal building shall be situated less than 50 feet from any side or rear lot line. Any accessory use structure may be located within a side or rear yard only in accordance with § 399-75 of this chapter or, with respect to the sheltering of animals, in accordance with § 399-85D(2).
(5)
Maximum impervious surface. Not more than 15% of the net area of any lot may be covered by impervious surfaces.
[Amended 8-18-2022 by Ord. No. 02-2022]
B.
C.
Clustered residential development, as permitted by § 399-21A(3), shall comply with the regulations in § 399-25 of this article.
§ 399-23 Design standards.
A.
The following design standards of this chapter shall be applicable to any use within the R-1 District:
(4)
Erosion/sedimentation control and stormwater management, as required by Chapter 345, Stormwater Management.
[Amended 2-18-2015 by Ord. No. 01-2015]
(5)
Water supply. Dwelling units shall be served by individual water supply wells and/or a public water supply system, consistent with the terms of § 399-25B(10) of this chapter that are otherwise applicable to clustered residential development. Where the proposed connection to a public water supply system is for fewer than five dwelling units, such connection shall be permitted by right and will not require conditional use approval.
[Added 3-20-2002]
B.
In addition to the requirement of Subsection A above, the following design standards shall, as applicable, govern those uses permitted under § 399-21A(4) and (5) and any use permitted by special exception or as a conditional use:
[Amended 3-20-2002]
§ 399-24 Standards and criteria for conditional uses.
A.
Mobile home parks.
(1)
To be eligible for use as a mobile home park, a tract in the R-1 District must be located within the Mobile Home Park Overlay District, as that area is delineated on the East Brandywine Township Zoning Map.
[Amended 6-15-1999]
(2)
The following area and bulk regulations shall apply to any mobile home park:
(a)
Minimum gross tract area: 10 acres.
[Amended 6-15-1999; 10-15-2003 by Ord. No. 03-06]
(b)
Maximum density: Four mobile homes per acre of net tract area.
[Amended 6-15-1999]
(c)
Minimum gross lot size: 6,000 square feet.
(d)
Minimum lot width: 50 feet.
(e)
Maximum impervious surface: 40% of the net tract area.
[Amended 3-20-2002]
(f)
Minimum common open space: 20% of the gross tract area.
§ 399-25 Regulations for clustered residential development.
[Added 3-20-2002]
A.
As a design alternative to conventional single-family residential development, clustered residential development is offered in the R-1 District to achieve greater protection of existing natural features and the characteristic visual qualities of the landscape within this district. Any proposal for clustered residential development should demonstrate a minimized amount of site disturbance, vegetation removal, and visual intrusion by the new dwellings as compared to the anticipated impacts from developing the site as otherwise permitted in this article.
B.
The following regulations shall apply in the R-1 District to any clustered residential development permitted under the terms of § 399-21A(2):
[Amended 11-20-2002; 12-30-2004 by Ord. No. 04-19; 3-4-2010 by Ord. No. 02-2010]
(1)
Minimum gross tract area: 10 acres.
(2)
Maximum number of dwelling units. On any tract proposed for clustered residential development in the R-1 District, the maximum number of dwelling units shall be determined by multiplying the net tract area, as defined by this chapter, by 0.43.[1]
[1]
Editor's Note: Former Subsections B(2)(a) through B(2)(d), which immediately followed this subsection, were deleted 3-4-2010 by Ord. No. 02-2010.
(3)
Lot area and yard dimensions.
(a)
Minimum net lot area: 30,000 square feet.
(b)
Minimum lot width: 125 feet, measured at the building setback line.
(c)
Minimum front yard: 35 feet.
(d)
Minimum side and rear yards.
[1]
On each lot, other than a corner lot, there shall be two side yards having an aggregate width of not less than 50 feet, with neither side yard having a width of less than 20 feet. A corner lot, as defined by this chapter, shall have one or more side yards, each of which shall be not less than 20 feet.
[2]
No principal building shall be situated less than 30 feet from any rear lot line.
[3]
Any accessory use structure may be located within a side or rear yard only in accordance with § 399-75 of this chapter or, with respect to the sheltering of animals, in accordance with § 399-85D(2).
(e)
Maximum impervious surface. Not more than 25% of the net area of any lot may be covered by impervious surfaces.
[Amended 8-18-2022 by Ord. No. 02-2022]
(4)
Maximum building height. Except as provided in § 399-73 of this chapter, no building or other structure shall exceed a height of three stories or 35 feet, whichever is less.
(5)
Minimum common open space: 50% of the net tract area, together with 100% of the area containing or contained within any primary conservation area, as defined by this chapter.
(6)
Use, design, ownership, and maintenance of common open space shall be governed by the standards in § 399-58C(5) of this chapter.
(7)
Wherever practical, one side of each dwelling unit or lot should abut common open space for direct views and access. Each lot shall have safe and convenient pedestrian access to active and passive recreation areas within the common open space.
(8)
Pedestrian and bicycle access. Corridors for pedestrian and bicycle trails shall be established within clustered residential developments. Such corridors may include a combination of sidewalks, pathways, and trails that provide reasonable access to open space or other destinations within the tract, as well as connection to adjacent tracts and any broader Township pedestrian and/or bikeway system.
(9)
Sewage facilities.
(a)
Dwellings within a clustered residential development shall be served by individual sewage systems, consistent with the East Brandywine Township Sewage Facilities (Act 537) Plan and subject to demonstration of compliance with all applicable regulations of the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection. Applicants also shall demonstrate compliance with § 350-47 of Chapter 350, Subdivision and Land Development.
(b)
Upon the approval of the Township and the Chester County Health Department:
[1]
The drain field for an individual on-lot septic tank may be located within common open space.
[2]
Where necessary, a replacement area for an individual system may be located within common open space.
[3]
For each proposed dwelling unit, the applicant shall conduct percolation tests on the proposed lot and/or the adjacent common open space and, with suitability documented by the results of those tests, shall identify a drain field site which meets the criteria of the Chester County Health Department. Where primary and/or replacement drain field sites are located within common open space, the terms of the easement protecting the common open space shall identify acceptable uses of that land that are compatible with its use or potential use for subsurface sewage disposal.
(c)
A homeowners' association shall be responsible for pumping the contents of and inspecting all septic systems, whether located on lots or partially or entirely within the common open space. The frequency of such pumping shall be consistent with the Township's Sewage Management Program, but in no case shall be less frequent than once every two years. If determined necessary by the inspection, such responsibility shall include cleaning the internal piping in the drain field.
(10)
Water supply.
(a)
It is the policy of East Brandywine Township that individual water supply wells are the preferred means of serving dwellings in a clustered residential development that is subject to the terms of this section. Except where the Board of Supervisors approves use of a public water supply system as a conditional use under the terms of Subsection B(10)(b) below, lots shall be served by individual water supplies, as defined by this chapter. The applicant shall conduct the test well procedures as required in § 350-48C(2) of Chapter 350, Subdivision and Land Development, and shall demonstrate, to the reasonable satisfaction of the Township, the availability of a reliable, safe, and adequate water supply and that there will be no adverse impact on any existing water supply.
(b)
Dwellings in a clustered residential development may be served by a public water supply system, as defined by this chapter, where the Board of Supervisors approves such system as a conditional use, consistent with the standards and criteria of this section and the requirements of § 399-137 of this chapter. Among the criteria to be considered in evaluating and deciding upon an application for conditional use for a public water supply system, the Board must be reasonably satisfied that the following conditions exist:
[1]
The applicant shall demonstrate that the provision of public water will provide a substantial and significant benefit to the Township as compared to the use of individual water supply wells.
[2]
The applicant shall demonstrate that, specific to this particular development proposal, such a system is a more preferable means of supplying water to the dwellings than individual wells.
[3]
Where appropriate, the Township may regulate, limit, and/or preclude service from the public water supply system to other properties where such service would be inconsistent with the Township's land use planning and regulatory policies or could induce development pressure on surrounding tracts or along the route of the water supply line. The Township may require that the entity proposing to supply public water to the cluster development site enter into an agreement with the Township that no other tracts shall be connected to the public water supply line without prior approval of the Township.
[4]
The applicant shall demonstrate the suitability of the proposed public water supply system in relation to the following additional criteria:
[a]
The adequacy and reliability of projected yields from individual water supply wells, based on results of the test well procedure specified in § 350-48C(2) of Chapter 350, Subdivision and Land Development, and, at the applicant's discretion, additional documentation on groundwater quantity and reliability at the site.
[b]
The anticipated availability of groundwater resources, based upon the geology of the site and its water-bearing characteristics.
[c]
Groundwater recharge capabilities of the site, areas within the site most important to retain for recharge purposes, and the relationship of the proposed site design to those areas; the objective shall be to maximize recharge of domestic wastewater and stormwater as a means of contributing to the maintenance of a net positive water balance on the tract and hydrologic balance within the Township.
[d]
Proximity of the site to a public water supply system, and the currently existing availability and capacity of such system to serve the site; providing the site with public water should not require or result in the development of new or additional water supplies in the Township.
[e]
Ability to provide the necessary water to supply the tract without the need to transfer water between subdrainage basins within the Township or create a deleterious effect on the tract's hydrologic balance.
[f]
Assurance that the provision of public water to the tract will not result in the depletion of surface water flows, adverse impacts on existing groundwater supplies, or deleterious effects on the Township's hydrologic balance.
[g]
Assurance that a public water supply system, if provided to the site, will have no effect on the density of development of the site.
[h]
Public water supply service to the tract is consistent with Township land use policy.
(11)
Visual protection of existing road corridors.
(a)
Where a tract proposed for clustered residential development has frontage on a scenic road corridor, as designated in the Township Open Space Plan, an area of common open space designed to preserve the scenic corridor shall be established adjacent to such road frontage for purposes of buffering views of the tract from the road. This area of open space buffer may be included within the minimum amount of common open space required as part of the clustered residential development.
(b)
Except where an alternative dimension is agreed to by the Board, the width of the open space buffer shall be a minimum of 50 feet. In reviewing the proposed site plan, however, the Township and applicant shall seek the most effective combination of open space (including, as appropriate, increased or decreased width of the common open space buffer), vegetation, dwelling unit setbacks, topography, and/or architectural treatments to buffer and filter views of the developed tract from the existing road. The Board also may consider the overall delineation of common open space on the site and the importance of other functions it will perform in establishing an acceptable minimum width of the open space buffer.