Newlin Township City Zoning Code
ARTICLE IV
Agricultural Preservation AP District Regulations
§ 240-26 Purposes.
Purposes. In addition to the general goals listed in § 240-4 of this chapter, the purposes of this article are:
A.
To encourage and promote continued agricultural, open space, and conservation uses in the AP (Agricultural Preservation) Zoning District, while also permitting low-density residential development as would be compatible with the existing rural character of the area and agricultural uses.
B.
To recognize agriculture as a productive land use and as an ongoing and viable component of the economy of the Township and Chester County and to provide suitable areas for such uses.
C.
To preserve prime agricultural soils that are currently in agricultural uses and to preserve natural resources, including forests, wetlands and floodplains, which are least appropriate for development.
D.
To prevent adverse effects resulting from the encroachment and mixing of residential and other incompatible development with agricultural uses.
E.
To protect areas with productive agricultural soils for continued or future agricultural use by conserving areas of land large enough to allow for efficient farm operations;
F.
To conserve scenic views and elements of Newlin's rural character and to minimize perceived development density by limiting views of new development from existing roads; and
G.
To implement adopted land use, transportation, and community policies, as identified in the 2011 Unionville Area Regional Comprehensive Plan.
§ 240-27 Use regulations.
Land in the Agricultural Preservation District may be used for the following purposes:
A.
Uses by right.
(1)
Agricultural operations and related buildings, including CAOs and CAFOs.
(2)
Woodland preserve, game preserve, wildlife sanctuary, or other similar conservation uses.
(3)
Single-family detached dwelling.
(4)
Municipal use or public use; public park or recreation area, not to include business facilities, storage of materials, trucking or repair facilities, the housing of repair crews, or municipal sanitary landfills. Utility buildings shall be set back 60 feet from any front, side or rear lot line of any residential lot.
B.
Permitted accessory uses.
(1)
Accessory farm dwelling units (AFDUs), as defined in this chapter, and subject to the following provisions:
(a)
The AFDU shall be located within the principal dwelling unit or an existing or new outbuilding (such as barns, stables, carriage houses and garages) and shall be designed to harmonize with the appearance of the principal dwelling.
(c)
Maximum square footage of any AFDU:
[1]
40% of the total heated living space in the principal use to which the unit is accessory, not to exceed 2,500 square feet.
[2]
However, an existing historic resource/structure that exceeds the maximum square footage limit, may be converted and used as an AFDU, provided that the only expansion is for accessibility or life safety purposes (such as a fire escape). In addition, such historic resource is not required, for any existing portions of the building, to meet dimensional setback requirements of this chapter.
(d)
An applicant for a building permit for an accessory farm dwelling unit (including a permit to convert an existing dwelling by adding an accessory dwelling within the existing dwelling unit) shall present with a building permit application, a permit from the Chester County Health Department indicating that there are sufficient sewage disposal facilities for the additional dwelling unit and that the existing domestic water supply facilities are adequate to serve both the principal and accessory farm dwelling unit. The applicant must also present a restrictive covenant in recordable form which can be recorded against the property to prohibit future enlargement of the AFDU or creation of additional AFDUs beyond the limits, regarding size and number, allowed in this chapter.
(e)
The AFDU shall not be permitted to have an additional accessory building, such as a garage, unless such building is preexisting.
(f)
For AFDUs in new structures and for expansions of existing structures, rear and side yard requirements shall be the same as for the new principal structures.
(2)
Garden sheds, swimming pools for use by the occupants of the dwelling, and similar individual recreational facilities.
C.
Use by special exception.
(1)
Animal hospital, veterinary office or kennel, subject to the requirements of § 240-72 of this chapter.
(4)
Adaptive reuse of historic resources/structures, subject to the requirements of § 240-82 of this chapter.
(5)
Manure processing, hauling, soil and sludge composting, subject to the requirements of § 240-85 of this chapter.
(7)
Utilization of nonconforming preexisting lots, subject to the requirements of § 240-88 of this chapter.
(8)
Professional home occupations in attached or detached dwellings, subject to the requirements of § 240-51 of this chapter.
(9)
A commercial equine activity that involves: a) the Boarding of more than 20 horses that are not owned by the owner or operator; b) providing lessons or training in handling, riding or driving to more than 10 individuals per week; or c) providing more than five group lessons in handling, riding or driving per week to a group of at least six people, subject to the applicant complying with the conditions in § 240-93.
§ 240-28 Limitations on subdivision and land development.
A.
It is the purpose and intent of the Agricultural Preservation (AP) District to limit the subdivision of lots from farms or the development of nonagricultural uses and structures on existing farms. In addition, it is the express intent of these provisions that the maximum size of lots created for any use other than agriculture be limited in order to provide for the retention of tracts of sufficient size to be used for agricultural purposes. It is the intent of the Board of Supervisors to implement the mandate of § 604(3) of the Pennsylvania Municipalities Planning Code[1] to preserve prime agricultural land through the enactment of these regulations.
[1]
Editor's Note: See 53 P.S. § 10604(3).
B.
Any lot existing on the effective date of this Article IV which is 10 or fewer acres in size shall be presumed to be used for residential purposes. No subdivision shall be permitted which shall increase the lot size of a lot used for residential purposes in excess of the maximum lot size set forth in § 240-29A(2)(b)[1] below, except as otherwise provided in § 240-31.
§ 240-29 Dimensional standards and density determination.
A.
Dimensional standards for properties in the AP District:
(1)
Standards for all principal uses other than single-family detached dwellings: 10 acres, minimum lot area.
(2)
Standards for single-family detached dwelling units:
(a)
Maximum tract density: one single-family detached dwelling per 10 gross acres.
(b)
Lot area.
[1]
Lot area for nonfarm residential lot: one acre adjusted tract area (ATA), minimum lot area; and two acres ATA, maximum lot area. An applicant for subdivision of a lot to contain a single-family dwelling shall not be required to follow the four-step design process in § 185-29 of Chapter 185, Subdivision and Land Development (SALDO), but shall be required to provide an existing resources and site analysis plan, subject to the requirements of § 185-13D of Chapter 185, Subdivision and Land Development.
[2]
Lot area for farm residential lot: 10 acres gross, minimum lot area.
(c)
Restriction from further subdivision.
[1]
Any subdivision or land development plan filed after the effective date of this chapter shall specify which remaining lot or lots shall carry a right of further subdivision to create any additional lot or lots. Such information shall also be included in a restrictive covenant agreement in favor of the Township, in a form satisfactory to the Township Solicitor, specifying:
[2]
If this information is not included in any such subdivision or land development plan, it shall be presumed that the largest lot having a tract size of not less than 20 acres remaining after the subdivision shall carry the right of further subdivision to create any additional lot or lots.
(3)
Dimensional standards.
Use: | Minimum Lot Width at Building Setback Line (feet) | Minimum Front Yard (feet) | Minimum Side Yard (each) (feet) | Minimum Rear Yard (feet) | Maximum Impervious Cover (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|
Principal uses, by right, on 10 or more acres | 200 | 40 | 50 | 60 | 4 | 35 |
Single-family detached dwelling | 200 | 40, from existing roads, new streets, country lanes or common driveways | 50 | 60 | 15 | 35 |
Accessory buildings, with ground floor area exceeding 500 square feet | n/a | 150 | 50 | 60 | Counted with principal structures | 35 |
Accessory buildings, with ground floor area exceeding 500 square feet, housing livestock | n/a | 150 | 150 | 150 | Counted with principal structures | 35 |
Accessory buildings, with ground floor area equal to or less than 500 square feet | n/a | 50 | 10 | 10 | Counted with principal structures | 35 |
Special exception and conditional uses | ||||||
§ 240-30 Lot add-on plans.
§ 240-31 Incremental (periodic) subdivisions.
Notwithstanding the provisions of other sections in this chapter to the contrary, not more than one nonfarm residential lot may be subdivided from any parent tract within any consecutive five-year period, provided that the tract from which the new lot is created shall not be less than 20 acres prior to the subdivision. Lots may be created for agricultural purposes at any time, provided that no lot shall be less than 10 acres.
§ 240-32 Agricultural nuisance disclaimer.
All lands within the Agricultural Preservation District are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides, and pesticides. Owners, residents and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982, The Right to Farm Law,[1] may bar them from obtaining a legal judgment against such normal agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951 et seq.