Hatfield Township City Zoning Code
ARTICLE VI
RA-2 Residential District
§ 282-31 Designation of district; applicability.
In the RA-2 Residential District, the following regulations shall apply.
§ 282-32 Use regulations.
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:
§ 282-33 Lot area and width regulations.
A.
Minimum lot area. A lot area of not less than 12,000 square feet shall be provided for every dwelling or other building.
(1)
The minimum lot area for a nonresidential use shall be two acres.
B.
Minimum lot width. A lot width of not less than 80 feet at the building line shall be provided for every dwelling or other building.
§ 282-34 Yard regulations.
A.
Front yard. There shall be a front yard on each lot which shall not be less than 40 feet in depth.
(1)
The minimum front yard for a nonresidential use shall not be less than 50 feet in depth.
B.
Side yards.
C.
Rear yard.
(1)
There shall be a rear yard on each lot which shall not be less than 35 feet in depth.
(2)
In the case of any building other than a single-family detached dwelling or a building accessory thereto, there shall be a rear yard, not less than 50 feet in depth.
(3)
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.
§ 282-35 Coverage regulations.
§ 282-36 Height regulations.
§ 282-37 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, Off-Street Parking and Loading.
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.
§ 282-38 Special requirements.
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-2 Residential District shall have landscaping designed and maintained in accordance with the applicable sections of the Subdivision and Land Development Ordinance of Hatfield Township, as amended.[1]
D.
Hazardous uses. 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.
Common open space. Except as required by § 282-38.1C, all development within this district shall provide for not less than 12% of the total developable area of the tract and all nondevelopable area to be preserved as common open space. Common open space shall be designed in accordance with the following standards:
(1)
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."
(2)
Common open space areas shall be designed as a continuous system of open space and shall be interconnected with open space areas on abutting parcels whenever possible.
(3)
Common open space shall be provided with safe and convenient access to the residentially developed areas 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.
(4)
Common open space shall predominantly consist of natural environmental features or planted and maintained vegetation which may contain walking, biking, or equestrian trails, and other facilities as deemed appropriate by the Board of Commissioners.
(5)
The common open space shall be acceptable to the Board of Commissioners.
(6)
Provision for ownership and maintenance of the common open space shall be made in a manner so as to insure 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.
(c)
If the Township does not require dedication or permit transfer to a conservation organization as permitted in Subsection E(6)(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:
[1]
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.
[2]
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.
[3]
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.
[4]
The Township may require the formation of a reserve fund to cover capital improvements to the common open space.
§ 282-38.1 Criteria for cluster developments.
Criteria for cluster developments. Cluster development in accordance with the development standards contained in § 282-38.2 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:
A.
The tract of land to be developed shall be a minimum of 30 acres in gross area and shall be held in single and separate ownership.
B.
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.
§ 282-38.2 Development standards for cluster developments.
Cluster developments shall be developed in accordance with the provisions for development in the RA-2 Residential District above, except as specifically modified by this section.
A.
Use regulations. In a cluster development, single-family detached residential dwellings, open space, and recreational areas and structures shall be permitted.
B.
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 G.
C.
Lot area. A minimum lot area of not less than 10,000 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. There shall be an average lot area of not less than 11,000 square feet for the development.
D.
Minimum lot width. A lot width of not less than 75 feet at the building line shall be provided for every dwelling.
E.
Yard regulations.
(1)
Front yard. There shall be a front yard on each lot, which shall be not less than 25 feet in depth.
(3)
Rear yards.
(a)
There shall be a rear yard on each lot, which shall be not less than 25 feet in depth.
(b)
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.
G.
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.
H.
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.