Article XII R-1 Agricultural-Low Density Residential District Section 1200. Declaration of Legislative Intent In expansion of the Declaration of Legislative Intent and Statement of Community Development Objectives found in Sections 101 and 102 of Article I of this ordinance, it is the intent of this article to provide regulations for agricultural and low density residential uses in conformance with the goals of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives: 1200.1 Establish reasonable standards that permit the continued operation of agricultural uses while allowing limited development of single-family detached dwelling units. 1200.2 Direct lower density residential development to areas of the Township that are more rural in character and less likely to be served by the extension of centralized sewer and water system networks. 1200.3 Provide minimum lot dimensions which are compatible with the need to provide on-site water supply and sewage disposal. 1200.4 Provide standards and criteria for R-1 development in appropriate areas of the township in accordance with the Upper Perkiomen Valley Regional Comprehensive Plan. [Amended 12/09/03; Ord. No. 2003-12] Section 1201. Permitted Uses 1201.1 Agriculture. 1201.2 Single-family detached dwelling. 1201.3 Institutional uses, in compliance with Article XXVI, Institutional Use Regulations, of this ordinance. 1201.4 Open space and outdoor recreational uses, in compliance with Article XXVII, Open Space and Outdoor Recreation Regulations, of this ordinance. 1201.5 Non-agricultural uses for agricultural buildings in accordance with Article XXIV. 1201.6 Any private utility facility use directly related to and necessary for services within the township, when approved by the Board of Supervisors as a conditional use, subject to the standards and criteria of Section 811, Utilities, of this ordinance. 1201.7 Accessory uses in conformance with this Ordinance. 125
Section 1202. Dimensional Standards [Amended 12/13/05; Ord. No. 2005-13] 1202.1 Criteria for single family detached dwellings: A. Maximum allowed density. The maximum allowed number of lots to be subdivided for single family detached dwelling units shall be determined at a rate of one (1) dwelling unit per two (2) acres of developable lot area of the tract (any remainder less than a full 2 acres shall be disregarded in the density calculation). B. Minimum lot area, width and yards. 1. Lot area: 50,000 square feet. 2. Lot width: 200 feet. 3. Minimum road frontage: 50 feet, see Section 813 herein. 4. Front yard: 50 feet. 5. Side yards: 40 feet minimum, 100 feet aggregate. 6. Rear yard: 60 feet. C. Maximum height. 1. Principal building: 35 feet. 2. Accessory buildings: 25 feet. D. Minimum setbacks for accessory buildings. 1. Private garages shall comply with Section 808.2 of this Ordinance. 2. Buildings up to and including 15 feet in height: a. Front yard: Not permitted. b. Side yard: 10 feet. c. Rear yard: 10 feet. 3. Buildings over 15 feet in height: a. Front yard: Not permitted. b. Side yard: 10 feet plus 2 feet for every 1 foot or part thereof in building height over 15 feet. 126
c. Rear yard: 10 feet plus 2 feet for every 1 foot or part thereof in building height over 15 feet. E. Maximum building coverage. The maximum building coverage is 10 percent. F. Minimum open space. When a subdivision involves more than 4 lots (including lots which will contain existing dwellings), a minimum acreage equal to 15 percent of the gross lot area of the tract shall be set aside as open space. 1202.2 Criteria for agriculture: A. Minimum lot area, width and yards. a. Lot area: 2 acres. b. Lot width: 200 feet. c. Minimum road frontage: 50 feet, see Section 813 herein. d. Yards. Minimum setbacks for agricultural buildings shall comply with Section 808 of this Ordinance. B. Maximum height. The maximum height shall comply with Section 831 of this Ordinance. C. Maximum building coverage. The maximum building coverage is 20 percent. Section 1203. Open Space/Cluster Development [Adopted 3/09/04, Ord. No.#2004-01] Open Space/Cluster development shall be permitted as a design alternative in this district. Where there are differences in permitted uses and dimensional standards between this section and Sections 1201 and 1202, the provisions of this section shall apply. 1203.1 Application: Purposes. The primary purpose of these standards is to preserve the Hosensack Creek Greenway as identified in Figure 12-1 of the Open Space and Environmental Resource Protection Plan (Open Space Plan), and to facilitate acquisition of properties listed as first and second priorities in said plan, while permitting limited levels of subdivision and/or land development that are compatible with those purposes. A secondary purpose is to encourage preservation of properties listed in the Open Space Plan as Historic Farmstead or Houses Restored or With Restoration Potential. 127
Identification of Applicable Properties. Parcels of land in the R-1 Agricultural Low Density Residential District, north of Route 29, that are identified as Acquisition and Linkage Top Priorities in Figure 12-3, or Overall, General Priorities for Acquisition of Lands, Easements, Rights-of-Way in Figure 12-1of the Open Space Plan. 1203.2 Qualifying Tract A. Minimum tract size: 5 acre B. Centralized sewer and water shall be provided. C. A minimum of fifty percent (50%) of the gross area of the development shall be set aside as common open space. [Amended 12/13/05; Ord. No. 2005-13] 1203.3 Density Standards [Amended 12/13/05; Ord. No. 2005-13] A. The overall gross residential density of the Open Space/Cluster Development shall be based on: 1. One (1) unit per two (2) acres of developable area for developments providing the minimum 50 percent open space requirement (see Figure 12.1). 2. One (1) unit per two (2) acres of developable area multiplied by the following bonus multiplier - for each percent of open space provided between 50 and 60 percent, a bonus multiplier of 0.025 for each percent up to a bonus multiplier of 1.25 percent for developments providing 60 percent open space (see Figure 12.1), B. The area that is not used for development shall be set aside as common open space. C. The permitted number of lots shall be calculated using the Permitted Lots Worksheet, Figure 12.1. A copy of the completed worksheet shall be placed on the subdivision plan as evidence of the calculations. 1203.4 Minimum lot area, lot width, and yards for residential buildings: Single Family Detached Lot Line or Village A. Lot area, per dwelling unit (DU) 10,000 SF 6,000 SF B. Lot width at building line, per DU 100 60 C. Front yard (from ultimate right-of way) 35 20 D. Rear Yard 35 20 128
E. Side Yard 15 one side 30 aggregate 15 one side 30 aggregate F. Setback from each street that lot abuts (from ultimate right-of-way) 35 20 G. Building Coverage 18% 25% H. Impervious Coverage 30% 40% 1203.5 Density and Dimensional Standards for Development. The outer boundaries of all developments shall meet the following setbacks: A. From external arterial road ultimate right-of-way, or from scenic roads 200 B. From all other external road ultimate right-of-way 100 C. From all tract boundaries 100 D. From cropland or pasture land 100 E. From buildings or barnyards housing livestock 300 F. From other residential neighborhoods 100 G. From wetlands, floodplains, or watercourses As per Ordinance H. From active recreation areas such as courts or playing fields 150 I. All setback areas along roads shall be landscaped according to the standards of the Subdivision and Land Development Ordinance in order to preserve scenic views and integrate the neighborhood into the surrounding landscape. J. Setback standards may be reduced by the Board of Supervisors under the following circumstances: 1. Setbacks from roads may be reduced to a minimum of fifty (50) feet if the applicant can demonstrate that existing vegetation and/or topography form an effective visual buffer along these roads. 2. All other setbacks may be reduced to half of the requirement specified above if the applicant can demonstrate that reduced setbacks improve the plan s compliance with the intent of this ordinance. 129
1203.6 Setbacks for agricultural buildings and structures, and private garages, shall comply with Section 808 of this ordinance. 1203.7 Minimum setbacks for buildings and structures (except private garages) that are accessory to a residential use: A. Buildings and structures up to 15 feet in height: 10 feet from side and rear property lines; not permitted in the front yard setback. B. Buildings and structures over 15 feet in height: 10 feet from side and rear property lines plus 2 additional feet for each 1-foot, or part thereof, in excess of 15 feet. Maximum required setback 25 feet; not permitted in the front yard setback. 1203.8 Maximum permitted height for buildings and structures: A. Residential buildings: 35 feet. B. Buildings and structures accessory to a residential use: 25 feet. C. For any other building or structure permitted by right, 35 feet except that such height may be increased to a maximum of 60 feet as may be warranted when approved as a conditional use by the Board of Supervisors for such structures as water towers, barns, silos, and chimneys, provided that for every foot of height in excess of 35 feet there shall be added to each yard requirement 1 corresponding foot of width or depth. 1203.9 Permitted Uses A. All uses permitted by Section 1201, except 1. Institutional Uses 2. Accessory uses in conformance with this Ordinance, with the following limitations: a. Private garages shall be permitted, subject to Section 808.2.C.1. R-2 and R-3 District gross area requirements shall apply to development under this section. b. One storage shed shall be permitted for garden equipment, household goods, and/or sporting goods owned and used by the residents of the dwelling, with a total floor area of 150 square feet or less. 130
1203.10 Design Criteria A. Lots shall be laid out and designed, to the greatest extent feasible, to preserve and protect historic and archaeological sites, farmland, stream corridors, forested areas and large trees, scenic views (particularly as seen from public roads), ridgelines and hilltops. B. The design of the development shall minimize earthmoving, and follow the natural topography to the greatest extent feasible. C. The development shall provide a landscaped buffer or screen along the property lines at the periphery of the development to protect the privacy of adjacent residents, consistent with Section 2705, Landscaped Buffers and Screens, of this Ordinance. D. To the extent feasible, all buildings shall be located out of view from any Township road, and protected open space shall be located adjacent to public ways. E. Residential dwelling units located within the development shall not be located along existing roads within the Township and/or along any proposed interior collector street. Building lots that front on existing Township roads shall be permitted by Conditional Use, and shall meet all dimensional standards of Section 1202, and not the dimensional standards of this Section. Under no circumstances shall lots front on Arterial or Collector streets. 1203.11 Open Space Design Criteria. [Amended 12/13/05; Ord. No. 2005-13] Open space areas shall be located and designed in compliance with the Joint Open Space and Environmental Resource Protection Plan of Upper Hanover Township and Red Hill Borough, or any successor plan thereto, and with the requirements set forth in the Upper Hanover Township Subdivision and Land Development Ordinance. 1203.12 Management, Maintenance and Ownership of Open Space [Amended 12/13/05; Ord. No. 2005-13] The management, maintenance and ownership of open space shall be subject to provisions established in written agreements, satisfactory to the Board of Supervisors upon recommendation of the Township Solicitor. Such private management, maintenance and ownership shall be governed by the requirements set forth in the Upper Hanover Township Subdivision and Land Development Ordinance. 131
FIGURE 12.1 - PERMITTED LOTS WORKSHEET Gross Tract Area (1) acres Non-developable Area Calculation 1 a. Areas in the Floodplain Conservation Overlay District (Article XX) acres b. Areas in the Riparian Corridor Conservation Overlay District (Article XXIX) acres c. Areas identified on the Steep Slope Map in the Steep Slope Conservation Overlay District (Article XXV) - Slopes 25% or greater acres - Slopes $15% < 25% (acres )2) acres d. Wetlands acres e. Legal rights-of-way of existing streets acres f. Utility easements and rights-of-way acres g. Areas used for other purposes acres h. Areas legally restricted from development acres Total non-developable area (Add Lines a-h) [Amended 9/13/05; Ord. No. 2005-10] Developable Area (Line (1) Line (2)) Lots Permitted (maximum). Divide Line (3) by 1.837 acres/lot (2) acres (3) acres (4) Lots Density Bonus Multiplier. For Open Space Percentage of 50%, multiplier is 1.00 For Open Space Percentage of 60%, multiplier is 1.25 (maximum) Calculate intermediate values by adding 0.025 for each % between 50% and 60% (5) Maximum Number of Lots Permitted. Multiply Line (4) x Line (5) (If fraction of lot, round up if greater than 0.5 lots; otherwise, round down.) (6) Lots 1 Non-developable areas shall not be double-counted (i.e., wetlands and water bodies located entirely within the floodplain). 132
Section 1204. Single Family Development on Institutional Land [Amended 10/11/05; Ord. No. 2005-12] As a conditional use, a tract of land meeting the requirements of Section 1204.2 that is either an existing institutional use or adjacent to an existing institutional use, that was owned by that institution prior to July of 2005, may be developed or redeveloped with those uses listed in Section 1204.7. Where there are differences in permitted uses and dimensional standards between this section and other sections of this Ordinance, the provisions of this section shall apply. 1204.1 Application A. Purposes. The primary purpose of these standards is to provide for the development of existing tracts of institutional land and/or the land adjacent to and owned by institutional uses. As a conditional use, it allows for the development or redevelopment of the tract into single family detached houses, age-qualified detached or attached single family houses, or other uses as listed in Section 1204.7 in accordance with the conditional use procedures in Section 818. In recognition that the institutional use would likely be more intensive than the underlying R-1 Agricultural-Low Density Residential District, a higher density is permitted for the area. 1204.2 Qualifying Tract A. Minimum tract size: 50 acres gross. The tract shall include only that land which will be developed as permitted by this Section. Any additional present or previous holdings of the institutional entity shall not be included in the tract size. B. Public sewer and water shall be provided. C. A minimum of fifty percent (50%) of the gross area of the development shall be set aside as common open space. [Amended 12/13/05; Ord. No. 2005-13] 1204.3 Dimensional Standards A. The overall gross residential density of the tract shall not exceed one and one quarter (1.25) dwelling units per developable acre. B. In the case of an age-qualified community, overall gross residential density shall not exceed two and three tenths (2.3) dwelling units per developable acre. For the purposes of computing density in a Retirement Complex, two (2) beds in Skilled Care Facilities or Personal Care Congregate Facilities shall be considered the equivalent of one dwelling unit. C. The area that is not used for development shall be set aside as common open space D. Minimum lot area, lot width and yards for single-family non age-qualified detached houses shall be in accordance with Section 1203.4. 133
E. Minimum lot area, lot width and yards for single family detached and attached age-qualified houses shall be in accordance with Sections 1304.4.A. and B, respectively. F. Additional setbacks for all single-family development pursuant to this Section shall be in accordance with Section 1203.5. G. No more than fifty percent (50%) of the units in a Retirement Complex are permitted to be any combination of Skilled Care Facilities or Personal Care Congregate Facilities. Additional development regulations for a Retirement Complex shall be in accordance with Sections 2301.4-7. and 2302. 1204.4 Accessory uses shall be in accordance with Section 808.2. 1204.5 Minimum setbacks for buildings and structures (except private garages) that are accessory to a residential use shall be in accordance with Section 1203.7 1204.6 Maximum permitted height for buildings and structures: A. Residential buildings: 35 feet B. Buildings and structures accessory to a residential use: 25 feet. 1204.7 Permitted Uses A. Single family detached dwelling. B. Age-qualified single family detached dwelling. C. Age-qualified single family attached dwelling. D. Retirement complex as provided for in Section 2300. E. Open space and outdoor recreational uses, in compliance with Article XXVII, Open Space and Outdoor Recreation Regulations, of this ordinance. F. Accessory uses to a residential use in conformance with this Ordinance, with the following limitations: 1. Private garages shall be permitted, subject to Section 808.2.C.1. R-2 and R-3 District gross area requirements shall apply to development under this section. 2. One storage shed shall be permitted for garden equipment, household goods, and/or sporting goods owned and used by the residents of the dwelling, with a total floor area of one hundred fifty (150) square feet or less. 134
1204.8 Design Criteria shall be in accordance with Section 1203.10. 1204.9 Open Space Design Criteria shall be in accordance with Section 1203.11. 1204.10 For Age-qualified units, the requirements of Section 1304.5 shall be applicable, except where they conflict with this Section. 135
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