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East Vincent Township
City Zoning Code

PART 4

AP - AGRICULTURAL PRESERVATION DISTRICT

§ 27-401 Purpose.

[Ord. 162, 6/12/2002, § 400]
1. 
In addition to the general goals and purposes expressed in the Statement of Community Development Objectives (§ 27-106), the AP - Agricultural Preservation District is established for the following purposes:
A. 
To protect and preserve high-quality agricultural soils as a natural resource, and agricultural land and activities, as provided for in §§ 603(b)5 and 604(3) of Act 247 as amended, the Municipalities Planning Code, 53 P.S. §§ 10603(b)(5), 10604(3), particularly those classified by the U.S. Department of Agriculture within agricultural capability Class I, Class II, and Class III, and listed as follows:
BrB2
Brandywine Loam
BxD2
Bucks Silt Loam
Ch
Chewacla Silt Loam
Cn
Congaree Silt Loam
CdA
Chester Silt Loam
CdB
Chester Silt Loam
CdB2
Chester Silt Loam
GeA
Glenelg Channery Silt Loam
GeA2
Glenelg Channery Silt Loam
GeB
Glenelg Channery Silt Loam
GeB2
Glenelg Channery Silt Loam
GeC2
Glenelg Channery Silt Loam
GgA3
Glenelg Silt Loam
GnA
Glenville Silt Loam
GnB
Glenville Silt Loam
GnB2
Glenville Silt Loam
MgA2
Manor Loam
MgB2
Manor Loam
PmB2
Penn Silt Loam
PmC2
Penn Silt Loam
PtB2
Penn and Lansdale Sandy Loams
PtC2
Penn and Lansdale Sandy Loams
RdA
Readington Silt Loam
RdB
Readington Silt Loam
RdB2
Readington Silt Loam
Ro
Rowland Silt Loam
Rp
Rowland Silt Loam, dark surface
Soil classes referred to are those established by the United States Department of Agriculture as Agricultural Capability Units I, II, and III and described in the Soil Survey of Chester and Delaware Counties, Pennsylvania, 1959, published by the Soil Conservation Service of the United States Department of Agriculture.
B. 
To accommodate non-farm residential development in a manner that will neither obstruct nor interfere with farm operation, and will minimize the loss of prime farmland to non-agricultural uses.
C. 
To accommodate non-farm 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.
D. 
To accommodate limited commercial activities customarily carried out on farm properties and generally involving the sale of farm products produced on-site.
E. 
To preserve open space and the rural character of the Township for the welfare of current and future residents.

§ 27-402 Use Regulations.

[Ord. 162, 6/12/2002, § 401; as amended by Ord. 166, 10/16/2002; and by Ord. 220, 7/24/2012, § 1]
1. 
Uses by Right. Within the AP-Agricultural Preservation District a building may be erected, altered, or used, and a lot may be used for only one of the following purposes as a use by right:
A. 
Agriculture, in accordance with § 27-1609 of this chapter.
B. 
Conservation uses including woodlands preserve, game preserve, arboretum or other similar use.
C. 
Single family detached dwellings in accordance with § 27-403.2 of this chapter.
D. 
Municipal uses.
E. 
Public school.
F. 
Forestry, where conducted in compliance with the provisions of § 22-429.2 of the East Vincent Subdivision and Land Development Ordinance [Chapter 22].
2. 
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 Part 20. Special exception uses shall be compatible with the surrounding neighborhood and shall not be detrimental to public health, safety, or welfare:
A. 
Church or similar place of worship, including rectory or parish house.
B. 
Educational use other than public school.
3. 
Conditional Uses. Where approved by the Board of Supervisors as a conditional use, the following uses will be permitted within the AP-Agricultural Preservation District, subject to the conditions and procedures in Part 19:
A. 
Telecommunication facilities on tall structures as provided in § 27-1606B(2) and subject to full compliance with the provisions of § 27-1606. Telecommunications facilities as provided in § 27-1606B(2) shall not be permitted in portions of the AP-Agricultural Preservation District overlain by the FC-French Creek Scenic Corridor District.
4. 
Accessory Uses. The following accessory uses shall be permitted, where in compliance with all applicable provisions of Part 16 and provided that they shall be incidental to any of the foregoing permitted uses.
A. 
Customary residential and agricultural accessory uses.
B. 
Swimming pool.
C. 
Private, non-commercial greenhouses.
D. 
Minor home occupations by right where in accordance with § 27-1605 of this chapter.
E. 
Major home occupations where approved by the Zoning Hearing Board as a special exception and where in accordance with § 27-1605 of this chapter.

§ 27-403 Area and Bulk Regulations.

[Ord. 162, 6/12/2002, § 402; as amended by Ord. 220, 7/24/2012, § 1]
1. 
Agriculture. Tracts or lots used for agricultural purposes shall meet the following standards.
A. 
Minimum lot size: 20 acres.
Existing lots less than 20 acres in size as of the date of adoption of this chapter may be used for agricultural purposes subject to compliance with all other applicable regulations herein.
B. 
Minimum lot width at street line: 200 feet.
C. 
Minimum setback at building setback line: 100 feet.
D. 
Minimum side yard: 50 feet each.
E. 
Minimum rear yard: 100 feet.
F. 
Maximum building coverage: 8%.
G. 
Maximum impervious cover: 10%.
H. 
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 that the height of said barn, silo, or bulk bin.
2. 
Residential Uses. Residential development of single family detached dwellings shall comply with the following standards:
A. 
On any tract undergoing subdivision or land development for residential purposes, the total maximum number of residential units, including new and existing units, shall be equal to:
Gross tract area in acres x 0.10.
Computations resulting in fractional numbers of units shall be rounded to the nearest whole number; fractions of one-half shall be rounded up. On existing lots less than five acres in area as of the date of adoption of this chapter, a single family detached dwelling may be erected subject to compliance with all other applicable regulations herein.
B. 
Each lot used for a single family detached dwelling shall be as follows:
(1) 
Minimum lot size: one acre.
(2) 
Minimum lot width at building line: 150 feet.
(3) 
Minimum lot width at street line: 50 feet.
(4) 
Minimum setback at building setback line: 50 feet.
(5) 
Minimum side yard: 25 feet each.
(6) 
Minimum rear yard: 40 feet.
(7) 
Maximum impervious cover: 20%.
(8) 
Maximum building coverage: 10%.
(9) 
Maximum building height: 35 feet.
(10) 
Minimum accessory building setback: see § 27-1602.
C. 
No single residential lot created according to the standards of this section shall occupy more than one acre of Class I, Class II, and Class III soils. Residential lots may occupy more than one acre, provided that acreage above that amount is comprised of Class IV or less productive soils.
D. 
Where any proposed one acre or larger lot is served by an individual on-site sewage system, a contiguous net lot area of at least 30,000 square feet shall be provided which shall not be divided completely by any of the following areas:
(1) 
Any permanent right-of-way or easement for a public or private street.
(2) 
Any area within the Flood Hazard District as established in § 27-1501 of this chapter.
(3) 
Any area comprising wetlands under the jurisdiction of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection.
E. 
Remaining lands.
(1) 
Subdivision of residential lots from an agricultural lot according to the standards of this section shall be configured so as to create the least practicable disruption to agricultural operations. Remaining agricultural parcels shall be no less than 20 acres each, so located and configured as to be appropriate for continued agricultural use.
(2) 
On tracts existing as of the date of adoption of this section, where creation of all the residential lots permitted by the formula in Subsection 2A would result in remaining agricultural lands of less than 20 acres, a single agricultural parcel of less than 20 acres may be created.
(3) 
Remaining lands shall have frontage on a public street equal to or greater than 40% of the frontage of the tract prior to subdivision.
(4) 
When the maximum number of residential lots has been created, as determined by Subsection 2A above, the remaining lands, regardless of use, shall be restricted from further subdivision or development for other than agricultural purposes by deed restriction, conservation easement, or other agreement in a form acceptable to the Township and duly recorded in the office of the Recorder of Deeds of Chester County. Such restrictions shall not preclude such remaining lands from inclusion in calculation of available transferable development rights nor from leasing for agricultural uses as defined by this chapter.
3. 
All Other Uses. Tracts or lots used for any other principal use permitted by right, special exception or conditional use, except where otherwise provided in this chapter, shall meet the following standards:
A. 
Each new lot for any permitted use shall be as follows:
(1) 
Minimum lot size: five acres.
(2) 
Minimum lot width at building line: 200 feet.
(3) 
Minimum lot width at street line: 50 feet.
(4) 
Minimum setback at building setback line: 50 feet.
(5) 
Minimum side yard: 25 feet each.
(6) 
Minimum rear yard: 40 feet.
(7) 
Maximum impervious cover: 20%.
(8) 
Maximum building coverage: 10%.
(9) 
Maximum building height: 35 feet.
(10) 
Minimum accessory building setback: see § 27-1602.
B. 
Where any lot is served by an individual on-site sewage system, a contiguous net lot area of at least 30,000 square feet shall be provided which shall not be divided completely by any of the following areas:
(1) 
Any permanent right-of-way or easement for a public or private street.
(2) 
Any area within the Flood Hazard District as established in § 27-1501 of this chapter.
(3) 
Any area comprising wetlands under the jurisdiction of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection.
Any lot existing prior to the effective date of this provision which does not meet the minimum net lot area requirement may be used for any other purpose permitted by right, special exception or conditional use, except where otherwise provided in this chapter subject to demonstration of adequate sewage disposal to the Code Enforcement Officer and Chester County Health Department.

§ 27-404 General Design Standards.

[Ord. 162, 6/12/2002, § 403]
1. 
Access and Highway Frontage. As required by § 27-1708 of this chapter.
2. 
Visibility at Intersections. As required by § 27-1702 of this chapter.
3. 
Interior Circulation and Emergency Access. As required by § 27-1708 of this chapter.
4. 
Loading and Unloading. As required by § 27-1711 of this chapter.
5. 
Parking. As required by § 27-1709 of this chapter.
6. 
Storage. As required by § 27-1603 of this chapter.
7. 
Lighting. As required by § 27-1715 of this chapter.
8. 
Landscaping and Screening. As required by §§ 27-1712 and 27-1713 of this chapter.
9. 
Signs. As required by § 27-1717 of this chapter.