Honey Brook Township
City Zoning Code
City Zoning Code
PART 17
A - AGRICULTURAL DISTRICT
§ 27-1701 Statement of Intent.
[Ord. No. 196-2018, 9/12/2018]
In accordance with the planning goals of the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan and the purpose statements and community development objectives set forth in Article I of this Chapter, the A — Agricultural District is established to encourage the preservation of large rural areas for agricultural, forest, and conservation. This district includes much of the Township's Class I, Class II, and Class III agriculturally productive soils, as well as many lands permanently protected by conservation easement. It also includes lands and streams which form the upper reaches of the Brandywine watershed.
A.
The regulations set forth herein are intended to achieve the following specific purposes:
(1)
To minimize incompatible land uses and manage their potential impacts on the district's agricultural and open lands, and headwaters of the East and West Branches of the Brandywine River.
(2)
To support the existing agricultural economy.
(3)
To support Honey Brook Township's land preservation policies contained within its adopted Land Preservation Plan.
(4)
To enable potential residential development to be transferred to other, more appropriate locations within the Township and Honey Brook Borough through the use of this Chapter's transferable development rights provisions.
B.
Residents of the A — Agricultural District must be willing to accept the impacts associated with daily farming practices and related businesses.
§ 27-1702 Use Regulations.
[Ord. No. 196-2018, 9/12/2018; Ord. No. 197-2019, 7/10/2019; Ord. No. 211-2025, 7/9/2025]
The following uses are permitted within the A District when in compliance with the provisions of this district, the applicable provisions of Part 9, General Regulations, the applicable provisions of Part 10, Supplemental Use Regulations, and any other applicable provisions of this Chapter.
A.
Uses Permitted by Right. A building or other structure may be erected, altered, or used, and a lot may be used or occupied, for any one of the following principal uses, together with the permitted accessory uses, by right in accordance with the terms of this Chapter:
(1)
Agricultural uses.
(2)
Forestry/timber harvesting.
(3)
Rural occupation.
(4)
The severance of transferable development rights (TDRs) per the requirements of Part 7 of this Chapter.
(5)
Split-off of an agricultural-residential lot for single-family dwelling or municipal use purposes.
(6)
Woodland or game preserve, wildlife sanctuary, or other conservation purpose.
(7)
Single-family detached dwelling on an existing lot, or single-family detached dwellings on lots proposed to be created through subdivision of a lot into not more than three lots.
(8)
No-impact home occupation.
(9)
Kennel, boarding kennel, or animal shelter.
(10)
Municipal use.
(11)
Accessory dwelling unit.
(12)
Non-tower wireless communication facility.
(13)
Bed-and-breakfast establishment.
(14)
Equestrian center.
(15)
Veterinary office or clinic, or animal hospital.
(16)
Cemetery, less than five acres in size.
(17)
Elder cottage housing opportunity (ECHO) dwelling.
(18)
Winery, as a second principal use on a property containing a vineyard.
B.
Uses Permitted by Special Exception. The following uses shall be permitted when approved as a special exception by the Zoning Hearing Board in conformance with Part 14 and any other applicable provisions of this Chapter:
(1)
Single-family detached dwellings on tracts to be subdivided into more than three lots and not using the lot split-off provisions of this Chapter.
(2)
Limited-impact home occupation.
(3)
Cemetery, five acres in size or larger.
(4)
Church or similar places of worship.
(5)
Golf course.
(6)
Camp ground or camping park.
(7)
Public utility building and facilities.
(8)
Wholesale agricultural produce auctions, stockyards, and buying stations.
(9)
Concentrated animal feeding operation.
(10)
Dead animal composting facility.
D.
Accessory Uses. The following accessory uses shall be permitted, provided that they shall be incidental to any of the foregoing permitted uses and where in compliance with all applicable provisions of this Chapter:
(1)
Manure storage facility.
(2)
Display and sale of produce or nursery products.
(3)
Private garage or private parking area.
(4)
Agricultural and nonagricultural accessory buildings.
(5)
Noncommercial swimming pool/hot tub and tennis courts.
(6)
Noncommercial antenna and towers.
(7)
Renewable energy systems.
(8)
Garage/yard and private vehicle sales.
(9)
Keeping of animals.
(10)
Temporary structure, building, or use.
(11)
Other customary accessory structures and uses.
§ 27-1703 Area and Bulk Regulations.
[Ord. No. 196-2018, 9/12/2018]
A.
Single-family detached dwellings and any other use permitted in § 27-1702 not otherwise regulated by this Chapter:
(1)
Minimum gross lot area: 10 acres; except a lot shall have not less than two acres of contiguous land complying with the definition of "lot area" as found in this Chapter.
(2)
Minimum lot width at building setback line: 150 feet.
(3)
Minimum front yard: 40 feet.
(4)
Minimum side yard: 20 feet.
(5)
Minimum rear yard: 60 feet.
(6)
Maximum impervious surface ratio: 5% of the lot area.
(7)
Minimum lot width at street line: 50 feet.
(9)
Setback Requirements for Livestock and Poultry Structures:
(a)
Any structure used for the raising, keeping or breeding of livestock or poultry shall not be less than 60 feet from any lot line; provided, however, that the setback distance shall be increased to 100 feet when the structure houses livestock in excess of 10 animals or poultry in excess of 100 birds.
§ 27-1704 Design Standards.
[Ord. No. 196-2018, 9/12/2018]
A.
The following design standards shall govern all uses, as applicable, in this zoning district:
§ 27-1705 Creation of Lots from Agricultural Lots.
[Ord. No. 196-2018, 9/12/2018]
A.
To be eligible under the terms of this Section, a lot must qualify as agricultural land. To qualify as agricultural land:
(1)
The lot shall be enrolled under and subject to the restrictions of the Pennsylvania Farmland and Forest Land Amusement Act of 1974, 72 P.S. § 5490.1 et seq., or the Act of January 13, 1966, P.L. (1965) 1292, § 1 et seq., 16 P.S. § 11941 et seq.
(2)
The lot shall be contained within the Township Agricultural Security Area.
B.
If not qualified under the terms of Subsection A(1) and (2) above, and only where deemed acceptable by the Board of Supervisors, the lot shall be shown to be producing or potentially productive farmland on the basis of: (1) current agricultural activity on the lot, investments made, and/or loans secured by the landowner for agricultural practices on the lot; and (2) a majority of the gross lot area of the lot contains prime agricultural soil (Soil Classes I, II, or III in the Soil Survey of Chester and Delaware Counties, U.S. Natural Resources Conservation Service).
C.
An eligible lot shall have sufficient area such that the residual lot shall comply with the area and bulk regulations of § 27-1703A(1).
D.
The owner of an eligible lot may create a lot through subdivision from the lot under the terms of this Section. Such terms shall supersede the otherwise applicable standards of this Part.
E.
The landowner shall be permitted to create, in any twelve-month period, one lot intended solely for residential use with a single-family detached dwelling unit.
F.
Any such lot shall conform to the following regulations:
G.
Limitations to acreage applicable to creation of lots under this Section:
(1)
Starting from the date of enactment of this Chapter, the total acreage of the lots created under the terms of this Section cumulatively shall not exceed 10 acres of gross lot area or 10% of the gross area of the lot at the date of enactment of this Chapter, whichever is less, and further subject to the provisions of Subsection G(2) below.
(2)
For the purposes of the ten-percent calculation set forth in Subsection G(1) above, the gross area of the lot at the time of the application for subdivision pursuant to this subsection shall exclude the following:
H.
When proposing to create a lot under the terms of this Section, the landowner shall comply with the requirements for a minor plan under the terms of the Township Subdivision and Land Development Ordinance [Chapter 22].
I.
In presenting a sketch plan as required under that ordinance, the landowner shall discuss the land use and site design implications of the proposed lot with the Township Planning Commission regarding road access, driveway location, avoidance of a strip of frontage lots on existing roads, compatibility with Township objectives concerning retention of rural character, the viability of continuing or potential agricultural use of the lot, and maximum protection for prime agricultural soils on the lot.
J.
Consistent with these objectives, and unless deemed clearly infeasible or otherwise undesirable by the Township, the additional dwelling unit should be located adjacent to any existing dwellings.
K.
The landowner shall demonstrate that the proposal is consistent with the applicable terms of the Pennsylvania Farmland and Forest Land Amusement Act of 1974, 72 P.S. § 5490.1 et seq., or the Act of January 13, 1966, P.L. (1965) 1292, § 1 et seq., 16 P.S. § 11941 et seq., the Township Agricultural Security Area, or any other program, covenant, or restriction affecting the property.
L.
Upon creation of a lot under terms of this Section, a note shall be placed on the final plan for recording, indicating the maximum amount of acreage and number of lots eligible to be created in the future under the terms of this Section.
§ 27-1706 Agricultural Nuisance Disclaimer.
[Ord. No. 196-2018, 9/12/2018]
Lands within the A — Agricultural District are intended principally for use in commercial agricultural production, including the keeping or raising of livestock or poultry. Owners, residents, and other users of a lot may be subjected to inconvenience, discomfort, and the possibility of injury to a lot and health arising from normal and accepted agricultural practices and operations including, but not limited to, noise, odor, dust, the operation of machinery of any kind, the storage and disposal of manure, the application of fertilizers, herbicides, and pesticides. Owners, residents, and users of a lot should be prepared to accept these conditions and are hereby put on official notice that § 4 of the Pennsylvania Act 133 of 1982, the Right to Farm Law, 3 P.S. § 951 et seq., may bar them from obtaining a legal judgment against such normal agricultural operations.