London Grove Township
City Zoning Code
City Zoning Code
PART 3
AGRICULTURAL PRESERVATION AP DISTRICT
§ 27-301 Purpose and Specific Intent.
[Ord. No. 224, 5/10/2023]
The land use and economy of the Agricultural Preservation District is oriented toward agricultural activity. Thus it is the desire and intent to preserve farming as an important economic feature and to maintain viable farmland as an irreplaceable asset. Recognizing the conflicts that can occur when other uses are superimposed upon adjacent farming operations and being desirous of removing development pressures on farming operations, it is the intent of the board of supervisors to minimize intrusion into viable farmlands within the Agricultural Preservation District (AP). It is further the intent to permit within this district certain compatible farm service uses and to permit accessory activities to farm operations.
§ 27-302 Permitted Uses Within AP Lands.
[Ord. No. 220, 4/28/2022; Ord. No. 224, 5/10/2023]
1.
Only those uses enumerated under paragraphs A, B, and C are permitted and no others.
A.
Uses by Right.
(1)
Extensive agriculture, subject to the provisions found in other parts of this chapter.
(2)
Single-family detached dwelling.
(3)
Sewage disposal facilities, such as lagoons, tile and spray irrigation fields.
(4)
Municipal use.
(5)
Group home.
(6)
Riding academies, commercial stables and shows and training facilities for livestock, subject to other applicable provisions herein.
B.
Conditional Uses.
(1)
Intensive agriculture uses on lands not within the Ground Water Protection District (see GWP map) are permitted by conditional use within the AP District, subject to other applicable provisions herein. Intensive agriculture uses are not permitted under any circumstances within the Ground Water Protection District.
(2)
Bed and breakfast establishments.
(3)
Limited winery subject to the standards in section 27-1846.
(4)
Agricultural, special purpose lots utilizing the lot averaging provision, subject to the standards found elsewhere herein.
C.
Accessory Uses.
(1)
Food processing provided that it is clearly an accessory use subordinate to existing primary agricultural uses permitted by right and subject to the provisions found herein.
(2)
Single-family detached dwelling as accessory to a bed and breakfast.
(3)
Accessory dwelling units (ADUs), by conditional use and subject to the other applicable provisions herein.
(4)
Agricultural employee housing.
(5)
Farm stands.
(6)
Home occupations.
§ 27-303 Area and Bulk Regulations.
[Ord. No. 220, 4/28/2022; Ord. No. 224, 5/10/2023]
1.
For extensive agricultural uses permitted as of right, the following design standards shall apply.
A.
Lot area (minimum)—10 acres of net lot area; provided that 1.5 contiguous acres may be constrained with private easements, easements for the purposes of access, utility (above or on the ground) or stormwater management including infiltration areas, prohibitive steep slopes, floodplain, floodway, and wetlands as defined by this chapter.
B.
Lot width at the building setback line (minimum)—400 feet.
C.
Lot width at the street line (minimum)—200 feet.
(1)
Interior lot provisions set forth in section 27-1843 remain applicable.
D.
Building setback lines for dwellings (minimum) as follows:
(1)
Front yard—75 feet.
(2)
Side yard—25 feet.
(3)
Rear yard—50 feet.
E.
The setback for farm buildings or any structure used to house farm animals or to store manure, fertilizer, compost, other odorous materials, or combustible materials (minimum)—100 feet.
F.
Setback for all other farm buildings or structures (minimum) in addition to bulk area requirements of this district—50 feet unless the structure is under 1,200 square feet in which case the setback shall be 25 feet minimum.
G.
Building height (maximum)—three stories or 35 feet maximum, except for barns, silos, water towers, chimneys, windmills, antennas (maximum—95 feet in height), and silos (maximum height of 120 feet).
2.
For intensive agricultural uses and for the preparation of mushroom growing substrate, the following design standards shall apply:
A.
Intensive agriculture and the preparation of mushroom growing substrate are restricted to separate tracts of land solely dedicated to the operations and activities of these respective uses. Located on the tract should be all buildings and facilities used in the intensive agriculture and/or preparation of mushrooms growing substrate operation including, but not limited to, buildings, accessory facilities, structures, storage areas, parking, driveways, accessways, wells, sedimentation basins, sewage beds, lagoons, and stormwater management facilities. No extensive agricultural lands may be utilized for intensive agricultural purposes unless the minimum acreage devoted to intensive agricultural uses exceed 20 acres. No parcel less than 20 acres shall be eligible for intensive agricultural uses or activities. No subdivision of intensive agricultural lands shall be permitted as long as an intensive agricultural use or activity exists on the property.
B.
Expansion. Any expansion of the use must not encroach on the 100-foot perimeter buffer, except as provided for elsewhere in this chapter.
C.
Adjacent uses. Where intensive agricultural activity or mushroom growing substrate activity is employed on the same premises as other activities including extensive agricultural and residential uses, the area dedicated to intensive agriculture or mushroom growing substrate shall be deemed a separate tract of land defined by the outer boundaries of the 100-foot property perimeter buffer surrounding the respective uses.
D.
Area and bulk regulations include:
(1)
Lot size (minimum)—20 acres.
(2)
Perimeter buffer width—100 feet.
(3)
Building coverage (maximum)—30%.
(4)
Impervious coverage (maximum)—50%.
3.
For riding academies, commercial stables and shows and training facilities for animals, the following standards shall apply:
A.
Lot size (minimum)—10 acres of net lot area.
B.
Perimeter setback (minimum)—75 feet.
C.
Building coverage (maximum)—20%.
D.
Impervious coverage (maximum)—40%.
E.
Perimeter fencing (minimum)—four-foot high safety fence; provided that an applicant may provide evidence as part of the conditional use hearing to demonstrate that the proposed use does not require fencing.
4.
For food processing facilities, as an accessory use, the following standards shall apply:
A.
Portion of the lot used for food processing (maximum)—20% of net lot area.
B.
Setback from all lot lines for all food processing facilities (minimum)—100 feet.
C.
Setback from all lot lines for outdoor storage and manure and waste piles (minimum)—100 feet.
D.
Building coverage (maximum)—20%.
E.
Impervious coverage (maximum)—40%.
F.
Building height (maximum)—35 feet.
5.
Agricultural employee housing shall be permitted when accessory to permitted intensive and extensive agriculture uses:
A.
Agricultural employee housing shall not be required to be on a severable curtilage from the principal use and shall not be construed to diminish the number of single-family detached dwellings permitted under this chapter. Nor shall agricultural employee housing reduce the number of residential subdivisions permitted hereunder.
B.
Agricultural employee housing and mobile homes shall be permitted for the housing of farm workers, subject to the following restrictions:
(1)
They shall comply as to construction, maintenance and operation with all requirements of the Pennsylvania Department of Agriculture, the Pennsylvania Department of Labor and Industry; the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Health, the Chester County Department of Health and all applicable regulations of London Grove Township.
(2)
They shall comply with the general setback regulations for farm buildings and structures as set forth herein.
(3)
Each unit shall contain kitchen facilities, dining areas, bathrooms and other facilities sufficient to meet the needs of the occupants.
(4)
There shall be one parking space for each four occupants.
(5)
Only one mobile home or single-family detached dwelling per 10 acres of farmed land is permitted.
6.
An accessory dwelling unit (ADU) is permitted by conditional use as an independent living unit accessory to a single-family dwelling unit.
A.
An independent living arrangement or ADU is permitted for either of two different conditions:
(1)
To provide an independent living arrangement for a qualified family member on a single-family lot.
(2)
To provide an independent living arrangement as an accessory to a single-family dwelling on a lot that is (minimum) twice the base density of the district. (Base density is 10 acres per dwelling unit in the AP District.)
B.
"Qualified family member" shall be:
(1)
A parent, grandparent, child, sibling of one or more of the occupants of the dwelling unit to which the ADU is accessory.
(2)
Some other person(s) who has for a period of two or more years been residing permanently on the premises as part of the family unit.
(3)
Non-family caregiver who is compensated for providing care to a family member.
C.
Additional requirements for ADUs:
(1)
The ADU shall be located on the same lot and clearly accessory and subordinate to the principal dwelling unit, occupying an area no greater than 25% of the primary living area of the principal structure or 1,000 square feet, whichever is less.
(2)
No ADU shall be permitted when accessory to a multi-family dwelling or attached dwelling.
(3)
The ADU shall not be located within the front yard of the lot nor within any mandated side or rear yard setback.
(4)
The ADU shall be served by approved water and sewage facilities.
(5)
The applicant shall execute, acknowledge and deliver to the zoning officer, contemporaneously with the application for conditional use, a declaration stating:
(a)
That the application is made for the purposes herein set forth;
(b)
That the costs incurred are for the purpose of enabling the family to give the requisite care and aid to the occupant;
(c)
That the ADU will be removed within 60 days after the termination of occupancy by the qualified family member;
(d)
That applicant acknowledges that any expense or hardship incurred in the construction and removal of the ADU is a self-incurred hardship and, therefore, no variance may be obtained to permit the occupancy by other than a qualified family member.
7.
Agricultural special purpose lots (utilizing lot averaging provisions) as conditional use shall be permitted subject to the provisions found herein:
A.
The base acreage or portions thereof shall be divisible by ten-acre minimum density provisions required in the AP District. No parcel less than any portion of land in excess but not meeting the minimum net acreage shall be rounded to the lowest whole number to determine the number of lots which are permitted. For example: if a property is 49.8 acres, the number of permitted lots is four.
B.
The permitted uses on the remainder of the tract area shall be limited to extensive agriculture, a single-family detached residential use, incidental agriculture buildings including one barn, turnout shed or equipment shed, but not including other uses by right within the AP District.
C.
For parcels less than 10 acres which are created the only permitted use shall be for single-family detached residential use.
D.
The number of lots which are permitted shall be no greater than an overall density of one parcel for each 10 acres, however the minimum lot size and development standards shall be in accordance with the following standards:
(1)
Lot area (minimum) net lot area—1.5 acres.
(2)
Building coverage (maximum)—10%.
(3)
Total impervious coverage—15%.
(4)
Lot width at street line (minimum)—50 feet.
(5)
Lot width at building line—150 feet.
(6)
Setbacks (minimum):
(a)
Front yard—50 feet.
(b)
Rear yard—75 feet.
(c)
Side yard—25 feet.
(7)
Building height (maximum)—35 feet or three stories, whichever is less.
(8)
Individual on-site and on-lot sewage system shall be provided.
(9)
Individual on-site and on-lot water supply well shall be provided.
E.
The remaining agricultural lands after creation of the permitted lots shall be deed restricted in perpetuity with a conservation easement of which the London Grove Township Board of Supervisors shall be a third party beneficiary. The board must approve the uses permitted in the easement agreement created over the entirety of all lots created.
8.
For single-family dwelling units and accessory uses allowed by right and those on nonconforming lots, the following design standards shall apply:
A.
Lot area (minimum)—1.5 acres of net lot area.
B.
Building coverage (maximum)—10%.
C.
Total impervious coverage—15%.
D.
Lot width at street line (minimum)—50 feet.
E.
Lot width at building line—150 feet.
F.
Setbacks:
(1)
Front yard—50 feet.
(2)
Rear yard—75 feet.
(3)
Side yard—25 feet.
G.
Building height (maximum)—35 feet or three stories (whichever is less).
H.
Individual on-site sewage system shall be provided.
I.
Individual on-site water supply wells shall be provided.
§ 27-304 (Reserved) [1]
[1]
Editor's Note: Former § 27-304, which pertained to general limitation on subdivision of (AP) land and derived from Ord. No. 213, adopted 10/3/2018, was repealed 5/10/2023 by Ord. No. 224.
