[Amended 8-14-1996 by Ord. No. 420X; 11-24-2003 by Ord. No.
513; 9-22-2004 by Ord. No. 530]
In the ER Residential District, the following
regulations shall apply.
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:
A.
One single-family detached dwelling.
B.
Agriculture.
C.
Municipal use.
D.
Type A cluster development as a conditional use in
accordance with the regulations herein provided.
E.
Type B cluster development as a conditional use in
accordance with the regulations herein provided.
G.
The following uses shall be permitted when authorized
as a special exception by the Zoning Hearing Board. Such uses shall
be subject to the area requirements set forth hereinbelow:
[Amended 5-28-2008 by Ord. No. 569]
|
Use
|
Minimum Lot Area
(acres)
| |
|---|---|---|
|
Educational
|
10
| |
|
Religious
|
2
| |
|
Nonprofit recreational use
|
10
| |
|
Hospital or nursing home
|
5
|
A.
Front yard. There shall be a front yard on each lot
which shall not be less than 75 feet in depth.
B.
Side yards. There shall be two side yards on each
lot, neither of which shall be less than 40 feet in width.
C.
Rear yard.
(1)
There shall be a rear yard on each lot, which shall
be not less than 65 feet in depth.
(2)
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.
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.
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 use other than residential
within this district, parking and loading areas shall be located no
closer than 25 feet to any property line.
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 ER Residential District shall be designed and maintained in
accordance with the applicable sections of the Subdivision and Land
Development Ordinance of Hatfield Township,[1] as amended.
D.
Hazardous use. 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.
Type A cluster development in accordance with the development standards contained in § 282-20 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 10 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.
Type A cluster developments shall be developed in accordance with the provisions for development in ER Residential District above, except as specifically modified by this section and by § 282-22.1, providing regulations for common open space.
A.
Use regulations. In a Type 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
one dwelling unit 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.
C.
Lot area. A lot area of not less than 25,000 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.
D.
Minimum lot width. A lot width of not less than 125
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 60 feet in depth.
(3)
Rear yards.
(a)
There shall be a rear yard on each lot, which
shall be not less than 50 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.
Type B cluster development in accordance with the development standards contained in § 282-22 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 75 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.
C.
Not less than 20% of the total developable area of the tract and all nondevelopable area shall be preserved as common open space in accordance with the provisions of § 282-22.1 herein.
D.
The tract must border the proposed North Penn Connector
Route and the development plan shall include the dedication of all
required right-of-way for the connector route within the tract.
E.
The common open space provided shall be designed and
located so as to further the goals of the Hatfield Township Open Space
Plan.
Type B cluster developments shall be developed in accordance with the provisions for development in ER Residential District above, except as specifically modified by this section and by § 282-22.1, providing regulations for common open space.
A.
Use regulations. In a Type B 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 1.20 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 below.
C.
Lot area. A lot area of not less than 12,000 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.
D.
Minimum lot width. A lot width of not less than 80
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 35 feet in depth.
(3)
Rear yards.
(a)
There shall be a rear yard on each lot, which
shall be not less than 40 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.
A.
Common open space in all ER Residential Districts
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 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 area 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. Stormwater
management facilities may be included within common open space but
may not be counted toward the minimum open space area required.
(5)
The common open space shall be configured so
as to be acceptable to the Board of Commissioners.
B.
Provisions 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:
(1)
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.
(2)
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:
(a)
The organization is acceptable to the Township
and is a bona fide conservation organization with a perpetual existence.
(b)
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.
(c)
A maintenance agreement acceptable to the Township
is entered into by the developer, organization and Township.
(3)
If the Township does not require dedication or permit transfer to a conservation organization as permitted in Subsection B(2)(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.
(a)
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.
(b)
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.
(c)
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.
(d)
The Township may require the formation of a
reserve fund to cover capital improvements to the common open space.
