Hatfield Township City Zoning Code
ARTICLE V
RA-1 Residential District
§ 282-23 Designation of district; applicability.
In the RA-1 Residential District, the following regulations shall apply.
§ 282-24 Use regulations.
[Amended 1-10-2001 by Ord. No. 469]
A building may be erected or used and a lot may be used or occupied for any one of the following purposes, and no other:
A.
One single-family detached dwelling.
B.
Agriculture.
C.
Municipal use.
E.
The following uses shall be permitted when authorized as a special exception by the Zoning Hearing Board. Such uses shall be subject to the area requirements set forth hereinbelow:
[Amended 5-28-2008 by Ord. No. 569]
Use | Minimum Lot Area (acres) | |
|---|---|---|
Educational | 10 | |
Nonprofit recreational use | 10 | |
Hospital or nursing home | 5 | |
Religious | 2 |
F.
Cluster development as a conditional use in accordance with the regulations herein provided.
[Added 6-27-2007 by Ord. No. 561]
§ 282-25 Lot area and width regulations.
[Amended 8-14-1996 by Ord. No. 420X]
A.
Minimum lot area. A lot area of not less than 20,000 square feet shall be provided for every dwelling or other building.
§ 282-26 Yard regulations.
A.
Front yard. There shall be a front yard on each lot which shall not be less than 50 feet in depth.
B.
Side yards. There shall be two side yards on each lot, neither of which shall be less than 20 feet in width.
C.
Rear yard. There shall be a rear yard on each lot which shall not be less than 35 feet in depth.
(1)
An accessory use structure, if entirely separated from the principal building and located at least 10 feet further back than the rear of the principal building, may be erected within the rear yard but not closer than 10 feet to the side or rear property lines.
(2)
In the case of any building other than a single-family detached dwelling or a building accessory thereto, the required rear yard shall not be less than 50 feet in depth.
§ 282-27 Coverage regulations.
§ 282-28 Height regulations.
§ 282-29 Parking regulations.
A.
Residential. For each dwelling unit in this district, two all-weather off-street parking spaces shall be provided in accordance with the applicable provisions of Article XXIV, Off-Street Parking and Loading.
B.
Nonresidential. For any permitted use, other than residential, within this district parking facilities shall be provided in accordance with Article XXIV.
C.
Setbacks.
(1)
Residential. No parking, loading or driveway area shall be located closer than two feet to any property line, except that portion of the driveway required for normal ingress and egress.
(2)
Nonresidential. For any permitted uses other than residential within this district, parking and loading areas shall be located no closer than 25 feet to any property line.
§ 282-30 Special requirements.
[Amended 10-8-1997 by Ord. No. 420MM; 1-10-2001 by Ord. No. 469]
B.
Accessory buildings and other structures. Swimming pools, tennis courts, and other accessory buildings or structures may be permitted within this district, subject to the applicable regulations of Article XXVI, General Provisions.
C.
Landscaping. All development hereinafter initiated in the RA-1 Residential District shall be designed and maintained in accordance with the applicable sections of the Subdivision and Land Development Ordinance of Hatfield Township, as amended.[1]
D.
Hazardous use. No building may be erected, altered or maintained, and no lot shall be used for any purpose, trade or business that is noxious, offensive or potentially injurious to health by reason of odor, noise, dust, smoke, heat, gas, radiation or vibration. No hazardous materials, defined as all materials listed as hazardous by the Environmental Protection Agency, or its successor, shall be permitted on the site.
E.
Criteria for cluster developments. Cluster development in accordance with the development standards contained in § 282-30F herein shall be permitted as a conditional use subject, among other applicable regulations, to the provisions of § 282-205 on sites meeting the following criteria:
[Added 6-27-2007 by Ord. No. 561]
(1)
The tract of land to be developed shall be a minimum of 10 acres in gross area and shall be held in single and separate ownership.
(2)
The planned cluster development shall be serviced by public water and public sewer acceptable to the Board of Commissioners and subject to the approval of the Pennsylvania Department of Environmental Protection and any applicable local authority.
F.
Development standards for cluster developments. Cluster developments shall be developed in accordance with the provisions for development in the RA-1 Residential District above, except as specifically modified by this section and by § 282-30G, providing regulations for common open space.
[Added 6-27-2007 by Ord. No. 561]
(1)
Use regulations. In a cluster development, single-family detached residential dwellings, open space, and recreational areas and structures shall be permitted.
(2)
Density. The number of dwelling units shall not exceed 2.2 dwelling units per developable acre over the developable area of the entire tract, including that portion of the tract to be permanently reserved as common open space. This limitation shall in all cases govern density except as modified by Subsection F(7) below.
(3)
Lot area. A lot area of not less than 12,000 square feet shall be provided for every dwelling. Undevelopable land shall not be counted when calculating the minimum lot area although such undevelopable land may be included within the individual lots, only as determined by the Board of Commissioners.
(4)
Minimum lot width. A lot width of not less than 80 feet at the building line shall be provided for every dwelling.
(5)
Yard regulations.
(a)
Front yard. There shall be a front yard on each lot, which shall be not less than 35 feet in depth.
(c)
Rear yards.
[1]
There shall be a rear yard on each lot, which shall be not less than 40 feet in depth.
[2]
An accessory use structure, if entirely separate from the main building and located at least 10 feet further back than the rear of the main building, may be erected in the rear yard but shall not be located within 10 feet of the rear or side property line.
(7)
Historic or cultural resources. In a cluster development under this section, as a conditional use, the maximum permitted tract density may be increased by 0.10 dwelling units per developable acre where the tract contains one or more Township historic or cultural resources and such Township historical or cultural resources are preserved as a part of the development plan in a manner acceptable to the Board of Commissioners.
(8)
A Township historic or cultural resource shall be defined as a site or structure listed in the National Register of Historic Places, the Pennsylvania Historic Resources Survey, the Montgomery County Inventory of Historic and Cultural Resources, a listing of historic and cultural resources compiled by the Board of Commissioners or the Planning Commission, or other appropriate documentation acceptable to the Board of Commissioners.
G.
Regulations for common open space.
[Added 6-27-2007 by Ord. No. 561]
(1)
Common open space in all RA-1 Residential Districts shall be designed in accordance with the following standards:
(a)
Common open space shall be so designated on the plans, and the plans shall contain a notation stating, "Common open space shall not be separately sold and shall not be further developed or subdivided."
(b)
Common open space shall be designed as a continuous system of open space and shall be interconnected with open space areas on abutting parcels whenever possible.
(c)
Common open space shall be provided with safe and convenient access to the residentially developed area of the tract by adjoining frontage on streets or easements capable of accommodating pedestrian, bicycle, and maintenance vehicle traffic. Common open space shall contain appropriate access improvements and shall be provided with perimeter parking areas as appropriate.
(d)
Common open space shall be comprised of areas neither smaller than 10,000 square feet in area, nor less than 75 feet in width except lands specifically designed as trails or trail linkages.
(e)
Common open space shall be physically delineated from adjoining private lands using berms, fencing or other means acceptable to the Board of Commissioners.
(f)
Common open space shall predominantly consist of natural environmental features or planted and maintained vegetation, which may contain walking, biking, or equestrian trails. Stormwater management facilities may be included within common open space but may not be counted toward the minimum open space area required.
(g)
The common open space shall be configured so as to be acceptable to the Board of Commissioners.
(2)
Provisions for ownership and maintenance of the common open space shall be made in a manner so as to ensure its preservation. This shall be accomplished in one of the following manners:
(a)
The developer shall offer the common open space for dedication for public use and maintenance, if required by the Township. However, the Township need not require that the common open space be dedicated nor accept dedication of the common open space if offered.
(b)
With permission of the Township, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer the fee-simple title in the common open space or a portion thereof to a private, nonprofit organization among whose purposes is the conservation of open space land and/or natural resources, provided that:
[1]
The organization is acceptable to the Township and is a bona fide conservation organization with a perpetual existence.
[2]
The conveyance contains appropriate provision for proper retransfer or reverter in the event that the organization becomes unable or unwilling to continue to carry out its functions.
[3]
A maintenance agreement acceptable to the Township is entered into by the developer, organization and Township.
(3)
If the Township does not require dedication or permit transfer to a conservation organization as permitted in Subsection G(2)(b) above, the developer shall provide for and establish an organization for the ownership and maintenance of the common open space consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the deeds and agreements of sale for the common open space and for all individual lots within the tract shall contain the following requirements in language acceptable to the Township Solicitor:
(a)
Such organization shall not dispose of the common open space by sale or otherwise except to the Township or other governmental body unless the Township has given prior approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with the provisions of this chapter.
(b)
The organization and all lot owners within the development shall agree to be bound by the provisions of § 705(d)(2) and (3) of the Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended, 53 P.S. § 10705(d)(2) and (3), relating to Township maintenance of deteriorating open space and providing for the ability of the Township to access and lien the properties within the development.
(c)
All lot owners within the development shall be required to become members of the organization and pay assessments for the maintenance of the common open space which may be increased for inflation and which may provide for professional management.
(d)
The Township may require the formation of a reserve fund to cover capital improvements to the common open space.