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Edgmont Township City Zoning Code

ARTICLE IV

R-1, Rural Residential/Agricultural District

§ 365-11 Purpose.

The R-1 District is designed primarily to create opportunities for the preservation, conservation and protection of important farmlands and natural, cultural and environmental resources and features; opportunities to achieve a system of open space in accordance with the purposes set forth in Article XXXI, § 365-171; and opportunities for new residential development consistent with the rural character of the Township, west of the Ridley Creek State Park, wherein on-lot or community sewage disposal systems are utilized to conserve groundwater resources.

§ 365-12 Use regulations.

A building may be erected, altered or used, and land may be used or occupied, subject to the provisions of Articles XVIII and XIX, for any and only one of the following uses and no other:
A. 
Permitted principal uses.
(1) 
Agricultural uses and buildings subject to the provisions of §§ 365-13 and 365-14, and Article XXII.
(2) 
One single-family detached dwelling per lot on an existing approved lot in accordance with the provisions of § 365-14B or on a lot created in accordance with Chapter 305, Subdivision and Land Development; on property in lawful agricultural use; and otherwise in accordance with the provisions of § 365-14B.
(3) 
One single-family detached dwelling per lot on tracts of less than 10 acres involving conventional lot development in accordance with the provisions of § 365-14B.
(4) 
One single-family detached dwelling per lot on tracts developed pursuant to the conservation development option, in accordance with § 365-17.
(5) 
Municipal use.
B. 
Permitted accessory uses.
(1) 
Residential.
(a) 
Accessory uses on the same lot and customarily incidental to the permitted principal residential use.
(b) 
Agricultural accessory uses on a lot of four acres or more, subject to Article XXII.
(2) 
Agricultural. Accessory uses on the same lot and customarily incidental to the permitted agricultural use in § 365-12A (subject to Article XXII), except for conditional uses set forth in § 365-12C.
(a) 
The sale of farm products on properties where a minimum of 50% of such products are produced on the property, subject to the provisions of Article XXII.
(b) 
The keeping of livestock animals, on lots of four acres or more in size, subject to the provisions of Article XXII.
(3) 
Parking in accordance with Article XX.
(4) 
Signs in accordance with Article XXI.
C. 
Uses by conditional use. (Refer to Article XXXII, § 365-191.)
(1) 
Conditional uses accessory to principal agricultural uses.
(a) 
Agritainment/agritourism on lots of 50 contiguous acres or more, subject to the provisions Article XXII.
(b) 
The sale of farm products on properties where a minimum of 50% of such products are not produced on the property (provided that, for purposes of this subsection, the sale, storage and/or processing of wood products into mulch or similar material shall not be permitted), subject to the provisions of Article XXII.
(2) 
Other conditional uses accessory to principal uses other than agricultural uses.
(a) 
Single-family detached dwellings where open space development is proposed, subject to § 365-15.
(b) 
Single-family detached dwellings, involving conventional lot development on tracts of 10 or more acres, subject to §§ 365-14B and 365-16.
(c) 
Accessory suites, subject to Article XXII.
(d) 
Educational resource center, subject to Article XXVII in connection with the conservation and preservation of land through low-density residential development and/or the restriction of development of land.
D. 
Uses by special exception. (Refer to Articles XXXII and XXXIII.)
(1) 
Bed-and-breakfast inn, in accordance with Article XXII.
(2) 
Cultural or religious.
(3) 
Private kennels, on a lot of four acres or more, subject to the provisions Article XXII.

§ 365-13 Height regulations.

The maximum height of dwellings and structures erected, enlarged or used shall be 35 feet, except as provided otherwise in this chapter. The height of structures used in agricultural operations may be increased to a maximum of 65 feet, provided that for every foot of height in excess of 35 feet, there shall be added to each yard requirement two corresponding feet of depth or width.

§ 365-14 Area and bulk regulations.

A. 
Agricultural uses.
(1) 
Lot area. A lot area of not less than four acres shall be provided in order to conduct an agricultural use, except as otherwise provided in Article XXII.
(2) 
Lot width at building line. A lot width of not less than 200 feet at the building line shall be provided.
(3) 
Lot width at street line. A lot width of not less than 50 feet at the street line shall be provided, except as set forth in Article XXII.
(4) 
Impervious surface and building coverage. Not more than 20% of any lot area shall be covered by impervious surfaces and not more than 10% of any lot area shall be occupied by buildings.
(5) 
Depth of front and rear yards. There shall be a front yard and a rear yard on each lot, neither having a depth of less than 100 feet.
(6) 
Width of side yards. On each lot there shall be at least two side yards having a minimum aggregate width of 130 feet, except for corner lots as provided below, and neither side yard shall have a width of less than 60 feet. On each corner lot there shall be two front yards, both of which shall have a width of not less than 100 feet.
B. 
Residential uses on an existing lot or residential uses involving conventional lot development.
(1) 
Lot area. A lot area of not less than two acres shall be provided for every single-family detached dwelling or other structure erected or used for any other permitted use; provided, however,
(a) 
In the case of two or more lots, the lot sizes may be averaged. As such, the average size of lots shall not be less than two acres, but the minimum lot area for an individual lot may be 1 1/2 acres, provided that the average lot size of two acres is maintained.
(b) 
Acreage for existing utility rights-of-way may be included in the calculation of the minimum required lot area for single-family building lots.
(c) 
Where a two-lot subdivision is proposed for a lot, held in single and separate ownership at the effective date of the provisions of this chapter, which is at least four gross acres but less than six gross acres:
[1] 
The acreage for the road rights-of-way may be included in the calculation of the minimum required lot area for single-family building lots, even though the title line of the lot extends into such right-of-way.
(2) 
Lot width at building line. A lot width of not less than 150 feet at the building line shall be provided for every single-family detached dwelling or other use.
(3) 
Lot width at street line. A lot width of not less than 50 feet at the street line shall be provided, except as set forth in Article XXII.
(4) 
Impervious surface and building coverage. Not more than 20% of any lot area shall be covered by impervious surfaces and not more than 10% of any lot area shall be occupied by buildings.
(5) 
Depth of front and rear yards. There shall be a front yard and a rear yard on each lot, neither yard having a depth of less than 65 feet.
(6) 
Width of side yards. On each lot there shall be at least two side yards having a minimum aggregate width of 90 feet, except for corner lots as provided below, and neither side yard shall have a width of less than 40 feet. On each corner lot there shall be two front yards, both of which shall have a width of not less than 65 feet.
C. 
Residential uses involving the conservation development option. The area and bulk regulations for the conservation development option shall be in accordance with § 365-17.
D. 
Conditional uses.
(1) 
The area and bulk regulations for single-family detached dwellings where open space development is used, shall be as set forth in § 365-15B.
(2) 
The area and bulk regulations involving conventional lot development, on tracts of 10 or more acres, shall be in accordance with § 365-14B, and subject to § 365-16.
(3) 
The area and bulk regulations for an educational resource center pursuant to § 365-12C(2)(d) shall be as follows:
(a) 
Height regulations in accordance with § 365-13.
(b) 
The maximum area occupied by buildings of a lot containing an educational resource center shall not exceed 2 1/4% of the lot area. The impervious surfaces shall not exceed 6% of the lot area.
(c) 
All buildings shall be set back a minimum of 200 feet from the lot boundary lines surrounding the interior periphery of the lot occupied by an Education Resource Center. The 200-foot setback area shall remain free of buildings and structures except for access drives, parking and fences. Where the Education Resource Center lot abuts a residential lot, a buffer shall be provided consistent the requirements of § 365-75 of this chapter, provided that the preservation and use of existing vegetation for the buffer or a portion thereof shall be permitted.
(d) 
Compliance with the tract and lot requirements of Article XXII.
E. 
Uses by special exception.
(1) 
The area and bulk regulations for uses by special exception shall be as follows:
(a) 
Except as otherwise provided herein or in Article XXII, the area and bulk standards set forth in § 365-14A(1) through (6) shall apply.
(b) 
For cultural or religious uses, the following shall apply:
[1] 
Minimum lot area: seven acres.
[2] 
Minimum lot width at building line: 300 feet.
[3] 
Minimum lot width at street line: 150 feet.
[4] 
Maximum building coverage: 20%.
[5] 
Maximum impervious surface coverage: 40%.
[6] 
Minimum front and rear yards: 150 feet.
[7] 
Minimum width of side yards: 100 feet.

§ 365-15 Open space development.

A. 
An application for open space development shall include and encompass no less than the entire tract. The following standards and criteria shall, in addition to any other applicable requirements, apply and be demonstrated by the applicant whenever the open space development option is proposed by an applicant:
(1) 
An applicant proposing open space development shall, prior to the filing of any application for the use or development of a tract, walk the subject tract with representatives of the Township to assist the Township in understanding the tract and any natural and environmental resources and features of the tract. The walk of the tract shall take place no more than 30 days following the Township's receipt of the applicant's written request for the walk.
(2) 
A minimum of 50% of the tract shall be designated as and devoted to open space.
(3) 
No more than 50% of the required 50% open space shall be comprised of lands which contain wetlands, floodplain, watercourses, very steep slopes and other natural and environmental resources and features.
(4) 
No more than 20% of the required 50% open space shall be used for common elements of the proposed development, such as sanitary sewer or stormwater facilities. Any proposal to locate common elements in open space shall first require a demonstration by the applicant that there are no feasible alternatives to the location of the common elements in open space.
(5) 
Each open space development shall have at least one centrally located and publicly accessible area of open space of at least 5,000 square feet with public street frontage of at least 70 feet. This "green" area shall be prepared as a part of the proposed development for the common use of the residents of the development and may have a configuration as depicted in Appendix I of Chapter 305, Subdivision and Land Development.
(6) 
The open space shall be made available and accessible to all lots within the development by means of common access points.
(7) 
The required open space shall include facilities for active recreation, which may include trail system, picnic areas, community pavilion, playfields, and exercise areas.
(8) 
Except as provided herein to the contrary, the provisions of Article XXXI shall apply to open space development. In the event of a conflict between the provisions of this § 365-15 and Article XXXI, the provisions of this § 365-15 shall control.
B. 
Area and bulk regulations.
(1) 
A minimum tract area of not less than 10 acres shall be provided.
(2) 
A lot width of not less than 100 feet at the building line shall be provided.
(3) 
A lot width at the street line of not less than 50 feet shall be provided, except as set forth in Article XXII.
(4) 
Not more than 35% of any lot shall be covered by impervious surfaces and not more than 15% shall be occupied by buildings.
(5) 
There shall be a front yard and a rear yard on each lot, neither having a depth of less than 35 feet.
(6) 
On each lot there shall be two side yards having a minimum aggregate width of 50 feet, except for corner lots as provided below; and neither side yard shall have a width of less than 20 feet. On each corner lot there shall be two front yards, both of which shall have a width of not less than 35 feet.
(7) 
The maximum number of dwelling units that may be permitted shall be determined on the basis of one dwelling unit for every 87,120 square feet of the tract.

§ 365-16 Eligibility requirements for conventional lot development on tracts of 10 or more acres.

A. 
A conditional use application for conventional lot development may only be approved by the Board of Supervisors when an applicant can affirmatively demonstrate to the satisfaction of the Board that use of the conventional lot development will result in greater preservation and protection of the natural, cultural and environmental resources and features of the tract, in terms of less wetland impact, less floodplain impact, less tree removal impact, less steep slope impact, less wildlife habitat impact, less farmland displacement impact, less scenic resource impact, and/or less historic resource impact than use of open space development. If the applicant cannot demonstrate that the conventional lot development will provide for greater preservation and protection of natural, cultural and environmental resources, then a plan for open space development in accordance with Article IV shall be prepared and submitted demonstrating the protection, conservation and preservation of critical environmental, natural, and cultural resources consistent with the intent of Article IV or a plan for development under the conservation development option may be submitted.
B. 
Where development of less than the entire tract is intended, or where the tract is intended to be developed at less density than conventional lot development would permit, the applicant shall file a plan for the entire parcel or shall restrict further subdivision or land development on the remainder of the tract by recorded covenant or restriction.
C. 
The applicant shall, in addition, demonstrate that the proposed conventional lot development complies with all other zoning requirements governing such use, including, without limitation, §§ 365-178 and 365-191.

§ 365-17 Conservation development option.

A. 
The following area and bulk regulations shall apply:
(1) 
Minimum lot area: 10 acres.
(2) 
Minimum lot width at building line: 400 feet.
(3) 
Minimum lot width at street line: 100 feet.
(4) 
Maximum impervious surface coverage: 20%.
(5) 
Maximum building coverage: 10%.
(6) 
Minimum front and rear yards: 100 feet.
(7) 
Minimum width of side yards: 100 feet.
B. 
The applicant shall restrict further subdivision or land development of the lots by recorded covenant or restriction.