In expansion of the declaration of legislative intent and statement of community development objectives found in Article I of this chapter, the primary purpose of the R-1 Rural Residential District is to preserve open land, sensitive natural areas, and rural community character that would be lost under conventional development. In addition, the intent of this district is to permit a reasonable amount of residential development in the form of small, compact neighborhoods of single-family detached homes in an open space setting, located and designed to reduce the perceived intensity of development, preserve natural features and farmland, and provide privacy and neighborhood identity. Specific objectives are as follows:
A. 
To provide for a variety of lotting opportunities consistent with the primary purpose of this district.
B. 
To preserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplain and wetlands, by setting them aside from development.
C. 
To preserve scenic views and elements of the Township's rural character, and to minimize perceived density, by minimizing views of new development from existing roads.
D. 
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development.
E. 
To create compact neighborhoods with direct visual access to preserved open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.
F. 
To implement the goals of the Township's Comprehensive Plan and open space/recreation plan.
G. 
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.
H. 
To create new woodlands through natural succession and reforestation where appropriate, and to encourage the preservation and improvement of habitat for various forms of wildlife.
I. 
To preserve areas of the Township with productive agricultural soils for continued or future agricultural use, by preserving blocks of land large enough to allow for efficient farm operations.
J. 
To provide for the preservation and maintenance of open land within the Township to achieve the above-mentioned goals and for active or passive recreational use by residents.
K. 
To provide standards for preservation of open land and neighborhood lotting to be used in this district.
Land in the R-1 Rural Residential District may be used for the following purposes:
A. 
Residential development and related open land. Single-family detached dwellings shall be permitted at a maximum density of one dwelling unit per two gross acres. Maximum tract density may be reduced by the environmental adjustment factors in § 170-41 of this chapter, as determined by the formula in § 170-41B(1) of this chapter.
(1) 
Conventional lotting. Single-family detached dwellings are permitted under the conventional lotting standards found in § 170-44A of this chapter, with no required common open land, although a portion of the tract may be set aside as open land, if desired. Not more than one dwelling is permitted per individual lot.
(2) 
Neighborhood lotting. Tracts of 10 acres or more may be planned for single-family detached dwelling in compliance with the neighborhood design standards found in § 170-44B of this chapter, with at least 75% of the tract preserved as open land. Neighborhood lotting is permitted when approved as a conditional use by the Board of Supervisors, in compliance with § 170-31 of this chapter.
(3) 
Estate lots. Estate lots with single-family detached dwellings shall be permitted as part of neighborhood lotting subdivisions, in compliance with § 170-46E.
B. 
Other principal uses.
(1) 
Agricultural activities of the following types:
(a) 
The cultivation, harvesting, and sale of crops and related farm products raised on the property.
(b) 
The raising and sale of livestock or fowl, along with associated pasture and grazing land. The sale of livestock or fowl shall be permitted only if raised on the property.
(c) 
Orchards, nurseries, greenhouses, and related horticultural uses.
(2) 
Open space uses, primarily passive in nature, including wildlife sanctuary, forest preserve, nature center, and similar uses.
(3) 
Game farm, fish hatchery, hunting or fishing preserve; or similar uses designed for the protection or propagation of wildlife.
(4) 
Parks and recreation areas in compliance with the standards and criteria of Article XIII, Institutional and Recreational Overlay District, when approved by the Board of Supervisors.
(5) 
Institutions, by conditional use and in compliance with the standards and criteria of Article XIII, Institutional and Recreational Overlay District, when approved by the Board of Supervisors.
(6) 
Government uses, public utility facility.
C. 
Accessory uses.
(1) 
Accessory uses in compliance with § 170-24 of this chapter, including home occupations in compliance with § 170-25 of this chapter.
(2) 
Personal use heliport as an accessory use, in compliance with § 170-35, Heliports, of this chapter.
All development and use of land within the R-1 Rural Residential District shall comply with the applicable requirements of this section.
A. 
Single-family detached dwellings under conventional lotting:
(1) 
Minimum developable lot area (for maximum tract density calculations, § 170-41B of this chapter): two acres.
(2) 
Minimum lot size [for platting lots on a subdivision plan and for compliance with lot size standards, § 170-41D(1) of this chapter]: two acres (87,120 square feet).
(3) 
Minimum buildable area for each building lot [for compliance with buildable area standards, § 170-41D(2) of this chapter]: 21,780 square feet.
(4) 
Minimum lot width: 200 feet at the building setback line.
(5) 
Minimum front yard setback: 75 feet.
(6) 
Minimum side yard setback: 40 feet each.
[Amended 6-2-2015 by Ord. No. 15-04]
(7) 
Minimum rear yard setback: 75 feet.
(8) 
Maximum building coverage: 5% of lot area.
(9) 
Maximum height: 35 feet maximum for the principal building, 15 feet for any accessory buildings.
B. 
Single-family detached dwellings under neighborhood lotting:
(1) 
Minimum developable lot area (for maximum tract density calculations, § 170-41B of this chapter): two acres.
(2) 
Minimum lot size [for platting lots on a subdivision plan and for compliance with lot size standards, § 170-41D(1) of this chapter]: 10,000 square feet.
(3) 
Maximum lot size: two acres, unless the lot is an estate lot which complies with § 170-46E of this chapter.
(4) 
Minimum buildable area for each building lot [for compliance with buildable area standards, § 170-41D(2) of this chapter]: 10,000 square feet.
(5) 
Minimum tract size: 10 gross acres.
(6) 
Minimum common open land: 75% of gross tract acreage.
(7) 
Minimum lot width: 75 feet at the building setback line.
(8) 
Minimum front yard setback: 25 feet.
(9) 
Minimum side yard setback: 10 feet each.
[Amended 6-2-2015 by Ord. No. 15-04]
(10) 
Minimum rear yard setback: 25 feet.
(11) 
Maximum building coverage: 18% of lot area.
(12) 
Maximum height: 35 feet maximum for the principal building, 15 feet for any accessory buildings.
C. 
Other principal uses.
(1) 
Minimum developable lot area (for maximum tract density calculations, § 170-41B of this chapter): five acres.
(2) 
Minimum lot size [for platting lots on a subdivision plan and for compliance with lot size standards, § 170-41D(1) of this chapter]: five acres (217,800 square feet).
(3) 
Minimum buildable area for each lot [for compliance with buildable area standards, § 170-41D(2) of this chapter]: one acre (43,560 square feet).
(4) 
Minimum lot width: 300 feet at the building setback line.
(5) 
Minimum front yard setback: 75 feet.
(6) 
Minimum side yard setback: 75 feet each.
[Amended 6-2-2015 by Ord. No. 15-04]
(7) 
Minimum rear yard setback: 75 feet.
(8) 
Maximum building coverage: 5% of lot area.
(9) 
Maximum height: 35 feet maximum for the principal building, 15 feet for any accessory buildings.
A. 
All development shall comply with the provisions of Chapter 145, Subdivision and Land Development.
B. 
All development shall comply with the parking requirements of Article XVII of this chapter.
A. 
Inventory, analysis, and optional and required sketch plans. The initial formal application for any subdivision under neighborhood lotting shall include an inventory and analysis of the site. The following site elements shall be inventoried and mapped in sufficient detail to allow evaluation of the plan relative to the intent of this district. Where a conflict occurs between these standards and those of Chapter 145, Subdivision and Land Development, the stricter requirement shall prevail.
(1) 
Physical resources. Identification of resources associated with the natural environment of the tract, including geology, topography, soils, hydrology and vegetation. These features shall be mapped at a scale of no less than one inch equals 100 feet, and shall be briefly described. The maps shall include:
(a) 
Topographic contours at ten-foot intervals, showing rock outcrops and slopes of more than 15%, in compliance with the Steep Slope Conservation District, Article XVI, of this chapter. Applicants are encouraged to use two-foot contours drawn from aerial photographic sources or a physical survey of the site.
(b) 
Soil type locations and a table identifying soil characteristics relating to agricultural capability, seasonal high water table, depth to bedrock, and suitability for on-site disposal systems, as per the Montgomery County Soil Survey.
(c) 
Hydrologic characteristics of the site, including surface water bodies, floodplains, hydric soils, and wetlands.
(d) 
Vegetation of the site, defining location and boundaries of woodland areas and vegetation associations in terms of species and size.
(2) 
Land use. Current land use and land cover (cultivated areas, paved areas, pastures, etc.), all buildings and structures on the land, and all encumbrances, such as easements or covenants.
(3) 
Visual resources. Scenic views onto the tract from surrounding roads and public areas, as well as views of scenic features from within the tract.
(4) 
Cultural and historic resources. Brief description of historic and cultural character of buildings, and structures, if applicable.
(5) 
Context. When required by the Board of Supervisors, the inventory and analysis shall include general outlines of buildings, land use, and natural features such as water bodies or wooded areas, roads and property boundaries within 500 feet of the tract. This information may be presented on an aerial photograph at a scale of not less than one inch equals 400 feet.
(6) 
Optional sketch plan. The applicant is strongly urged but not required to submit a sketch plan based on the inventory and analysis for any development in the Land Preservation District, in order to resolve design issues before investing in engineered preliminary plans.
B. 
Neighborhood design standards. The following standards apply to all residential development proposed under neighborhood lotting:
(1) 
All lots shall be grouped into neighborhoods which shall contain at least five but no more than 25 lots, and are surrounded by open land. The maximum or minimum number of lots in a neighborhood may be increased or decreased, and neighborhoods may be assembled into larger groupings with the approval of the Board of Supervisors. However, the applicant must demonstrate that such an alternative plan is more appropriate for the tract in question, and will meet both the general intent and design standards of this chapter, rather than being intended solely for economic savings.
(2) 
Neighborhoods are defined by the outer perimeter of contiguous lotted areas or abutting roads, and may contain lots, roads and neighborhood open space. A plan may contain one or more neighborhoods.
(3) 
The outer boundaries of each neighborhood shall meet the neighborhood setback requirements specified in Subsection C of this section. Neighborhoods shall be defined and separated by open land in order to provide direct access to open space and privacy to individual yard areas. Neighborhoods may be separated by roads if the road right-of-way is designed as a parkway and meets the setback requirements in Subsection C of this section.
(4) 
Neighborhoods shall be located on areas of the tract which are relatively free of sensitive environmental features. At a minimum, no residential lot of any neighborhood shall encroach upon:
(a) 
Floodplain, as regulated by the Floodplain Conservation District, Article XV of this chapter.
(b) 
Wetlands.
(c) 
Steep slopes, as regulated by the Steep Slope Conservation District, Article XVI of this chapter.
(5) 
No neighborhood may encroach upon lands designated for open space in the Township Comprehensive Plan or Open Space Preservation Plan.
(6) 
Disturbance to woodlands, hedgerows, mature trees or other significant vegetation shall be minimized.
(7) 
Prime farmland soils, and large tracts of contiguous land, suitable for agricultural use, shall be preserved when the Board of Supervisors determines this to be priority for a tract of land or area of the Township.
(8) 
Views of neighborhoods and developed areas of estate lots from exterior roads shall be minimized by the use of changes in topography, existing vegetation or additional landscaping.
(9) 
All lots in a neighborhood shall take access from interior roads, rather than roads exterior to the tract.
C. 
Neighborhood setbacks. The outer boundaries of all neighborhoods shall meet the following setbacks. The boundary is defined as the outer edge of lots abutting open land (not neighborhood open space), or of roads adjacent to the fronts of those lots.
(1) 
From external road ultimate rights-of-way as defined by the Township: 200 feet.
(2) 
From all other tract boundaries: 100 feet.
(3) 
From cropland or pasture land: 100 feet.
(4) 
From buildings or barnyards housing livestock: 300 feet.
(5) 
From all other residential neighborhoods: 100 feet.
(6) 
From wetlands, floodplains or watercourses: 25 feet (this applies to residential lots within neighborhoods, and not to neighborhood open space).
(7) 
From active recreation areas such as courts or playing fields (not including tot lots): 150 feet.
(8) 
All setback areas along external roads including areas on estate lots shall be landscaped according to the standards of Chapter 145, Subdivision and Land Development, in order to preserve scenic views and integrate the neighborhood into the surrounding landscape. Suggested methods compatible with rural character include deciduous reforestation, hedgerows, and/or naturalistic plantings and land forms.
(9) 
Setback standards may be reduced by the Board of Supervisors under the following circumstances:
(a) 
Setbacks from external roads may be reduced to a minimum of 100 feet if the applicant can demonstrate to the satisfaction of the Board of Supervisors that existing vegetation and/or topography form an effective visual buffer along these roads, or where natural features seriously constrain strict compliance with the two-hundred-foot requirement and additional landscaped buffering will be provided to reduce the visual impacts, acceptable to the Board of Supervisors.
(b) 
All other setbacks may be reduced to half of the requirement specified above if the applicant can demonstrate to the satisfaction of the Board of Supervisors that reduced setbacks improve the plan's compliance with the neighborhood design standards in Subsection B of this section and the intent of this chapter.
D. 
Neighborhood open space standards. All neighborhoods with 10 or more residential lots must provide neighborhood open space at the rate of 1,000 square feet per lot in the neighborhood it serves, which shall meet the following requirements:
(1) 
The neighborhood open space shall count as part of the minimum 75% open land requirement.
(2) 
The neighborhood open space shall be central and accessible to all lots in the neighborhood it serves.
(3) 
The neighborhood open space shall have a minimum of 100 feet of road frontage in the neighborhood it serves, and a minimum width of 35 feet.
(4) 
The neighborhood open space may contain stormwater detention basins, floodplain, wetlands, steep slopes, or parking areas, but these shall not be included in the required 1,000 square feet per lot.
(5) 
The neighborhood open space shall be used as a visual and social focal point, and space for common neighborhood use.
(6) 
The neighborhood open space shall be designed as one of the following:
(a) 
A village green, which shall be located in a central position in the neighborhood, and shall be surrounded by streets and/or building lots on at least three sides. The village green should contain such elements as walking, sitting, tot lot, and lawn areas.
(b) 
A landscaped island, which shall be surrounded by streets on all sides. A landscaped island may be used as a median divider between two one-way cartways, with a minimum width of 35 feet; or, a landscaped island may be used in the center of an enlarged turnaround area of a cul-de-sac road.
E. 
Estate lot standards. When estate lots are proposed, the following standards shall apply:
(1) 
Estate lot dimensional standards.
(a) 
Minimum lot size: four acres.
(b) 
Minimum lot width: 200 feet.
(c) 
Minimum building setbacks (applies to principal and accessory buildings):
[1] 
From all estate lot boundaries: 60 feet.
[2] 
From all external road ultimate rights-of-way: 200 feet.
[3] 
From all other tract boundaries: 100 feet.
[4] 
Estate lots may be created that contain existing farmsteads, even if the existing buildings do not meet the setback requirements, above. The applicant shall make every effort to comply with the setback requirements.
(d) 
Maximum building coverage (applies to principal and accessory buildings): 5% of estate lot area.
(2) 
Developed area/open land.
(a) 
The maximum area of an estate lot that may be developed to include one dwelling, accessory structures, paved areas, lawns, and other residentially landscaped areas, and similar improvements, shall be 50% of the estate lot area, and shall not count toward the 75% open land requirement.
(b) 
The remaining estate lot area (minimum 50%) shall be retained in its natural state or be used for agriculture, reforestation, managed meadow, or other open land uses permitted under Subsection F of this section, and may be counted toward the minimum 75% open land requirement.
(3) 
The dwelling on an estate lot shall be counted toward the maximum density permitted under the ultimate development plan for the tract.
(4) 
Estate lots shall be restricted by permanent deed restrictions and open land easements to prohibit further subdivision and development, or to prohibit any use inconsistent with the open land standards of Subsection F of this section.
(5) 
Estate lots shall be permitted only as a part of an ultimate development plan, or as a phase of an ultimate development plan, which is drawn in compliance with the neighborhood design standards found in this § 170-46 of this chapter.
(6) 
Dwellings and the developed areas of estate lots shall not encroach upon floodplain, wetlands, or steep slopes over 15%.
F. 
Open land standards. A total of 75% of each tract is required to be set aside as protected open land and shall meet the following standards:
(1) 
The following uses are permitted in open land areas:
(a) 
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).
(b) 
Agricultural uses, including raising of crops or livestock, and farm buildings.
(c) 
Neighborhood open space as specified in Subsection D of this section.
(d) 
Passive noncommercial recreation including, but not limited to, trails, picnic areas, community gardens, and lawn areas.
(e) 
Active noncommercial recreation areas intended to serve one or more neighborhoods, such as playfields, playgrounds and courts, meeting the setback requirements in Subsection C of this section. Golf courses may be permitted but shall not include driving ranges or miniature golf.
(f) 
Water supply and sewage disposal systems for neighborhoods, the entire development, or for individual estate lots when located entirely within the lot being served.
(g) 
Pasture for recreational horses (at a rate not exceeding one horse per three acres).
(h) 
Easements for drainage, access, sewer or water lines, or other public purposes.
(i) 
Stormwater management facilities for the proposed development, or for a larger area in compliance with a watershed stormwater management plan (adopted in accord with Act 167, the Storm Water Management Act of 1978[1]).
[1]
Editor's Note: See 32 P.S. 680.1 et seq.
(j) 
Parking areas of 10 or fewer spaces where necessary to serve active recreation facilities.
(k) 
Aboveground utility and road rights-of-way, except that their land areas shall not count toward the required minimum 75% total open land requirement.
(l) 
Estate lots, in compliance with Subsection E of this section.
(2) 
Open land areas shall be located and designed to:
(a) 
Protect site features identified in the inventory and analysis as having particular value, in compliance with the intent of this chapter.
(b) 
Comply conceptually with the recommendations of the Township's Open Space Preservation Plan and/or Comprehensive Plan, where specified.
(c) 
Maximize common boundaries with open land on adjacent tracts, as shown in the Comprehensive Plan or as otherwise required by the Board of Supervisors in the interest of good planning and design.
(3) 
Recreation area standards. Each development proposed under neighborhood lotting shall have a recreation area in compliance with the following standards:
(a) 
At least one recreation area shall be provided at the rate of 4,000 square feet per lot in the development. The minimum size of each recreation area shall be 40,000 square feet.
(b) 
The recreation area shall be centrally located in the subdivision, shall not encroach on floodplain, wetlands, or woodlands, shall have a maximum slope of 3%, and shall generally be suitable for active noncommercial recreation use. The area shall be a large, open lawn suitable for field sports. Tot lots and playground facilities are optional.
(c) 
The recreation area shall be improved by the developer of the subdivision and shall be maintained by the subdivision's homeowners' association.
(d) 
The recreation area shall count as part of the minimum required 75% open land, and shall be provided in addition to the neighborhood open space.
(4) 
Safe and convenient pedestrian and maintenance access shall be provided to open land areas that are not used for agricultural purposes.
(a) 
Each neighborhood shall provide one centrally located access point per 25 lots. The minimum width of the access point shall be 75 feet, and can be part of the neighborhood open space.
(b) 
Access to open land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
(c) 
Public access to estate lots is not required.
(5) 
The following are prohibited in open land areas:
(a) 
Use of motor vehicles except within approved driveways and parking areas. Maintenance, law enforcement, emergency, and farm vehicles are permitted, as needed.
(b) 
Cutting of healthy trees, regarding, topsoil removal, altering, diverting, or modifying watercourses or bodies, except in compliance with a land management plan for the tract, conforming to customary and accepted standards of forestry, erosion control, and engineering.
(6) 
Natural features shall generally be maintained in their natural condition, but may be modified to improve their appearance, functioning, or overall condition, as recommended by experts in the particular area being modified. Permitted modifications may include:
(a) 
Reforestation.
(b) 
Woodland management.
(c) 
Meadow management.
(d) 
Buffer area landscaping.
(e) 
Streambank protection.
(f) 
Wetlands management.
G. 
Ownership and maintenance of common facilities and open land.
(1) 
Ownership and maintenance of common facilities and open land shall be provided for in accordance with the regulations in § 170-17 of this chapter. In addition, all open land shall be permanently restricted from future subdivision and development that is inconsistent with the standards of Subsection F, Open land standards, of this section, and further restricted by use of open land easements among at least two parties consisting of Lower Frederick Township, the subdivision's homeowners' association, and/or one or more conservation and open space oriented organizations such as land trusts and conservancies, including but not limited to the following: The Natural Lands Trust, The Brandywine Conservancy, The Perkiomen Valley Watershed Association, and the Montgomery County Conservancy.
(2) 
In accordance with § 170-17 of this chapter, the following methods of ownership may be used, either individually or in combination. The method of ownership shall be approved by the Board of Supervisors.
(a) 
Fee-simple dedication to the Township, although the Township need not accept the offer of dedication.
(b) 
Condominium association.
(c) 
Homeowners' association.
(d) 
Easements for Township or county open space purposes.
(e) 
Transfer to a private conservation organization, including various forms of conservation easements.
(f) 
Deed restrictions and/or easements on estate lots.
(g) 
Other methods acceptable to the Board of Supervisors.
(3) 
Maintenance. Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open land shall be in compliance with § 170-17 of this chapter. If the facilities are not properly maintained, the Township may assume responsibility of maintenance and assess costs as stipulated in § 170-17 of this chapter.
H. 
Phasing of development. When an ultimate development plan for a tract has been approved as a sketch plan, and has been made a part of a binding subdivision and land development agreement between the applicant and the Township, then the preliminary and final plans may be implemented in phases in compliance with the following:
(1) 
Phases shall be logically delineated along defined limits including tract, neighborhood, and open land area boundaries, estate lot lines, and ultimate right-of-way lines of streets internal and external to the development.
(2) 
A phase may contain one or more of the following in logical combinations:
(a) 
Neighborhoods.
(b) 
Estate lots.
(c) 
Open land areas.
(d) 
Road rights-of-way.
(3) 
An ultimate development plan may be phased in a variety of ways depending on the goals of the owner/subdivider including:
(a) 
All estate lots or all neighborhood lots, with required open land.
(b) 
A mix of estate lots and neighborhood lots, with required open land.
(c) 
One or more estate lots and/or neighborhoods, with the remaining land functioning as a large residual parcel, such as may be retained as farmland, although the ultimate development plan may show additional lotting of the residual parcel.
(d) 
Other combinations that may be approved by the Board of Supervisors, upon recommendation of the Township Planning Commission.
(4) 
Every lot proposed in the ultimate development plan shall be subject to the overall legal agreements regarding all the elements of the ultimate development plan including, but not limited to:
(a) 
Maximum number of lots, lot and road layout, and open land areas.
(b) 
Membership, rights, and responsibilities regarding a homeowners' association or other similar entity.
(c) 
Water supply and sewage disposal.
(d) 
Future phases, including phased construction of neighborhoods in accord with the approved ultimate plan.
A. 
Water supply.
(1) 
Dwellings on lots of one acre or more may be served by individual on-lot wells.
(2) 
All other dwellings shall be served by centralized water supply facilities.
B. 
Sewage disposal.
(1) 
Dwellings on lots of less than one acre shall be served by centralized or public sewage disposal systems.
(2) 
When centralized sewage disposal systems use a portion of the open land area of a neighborhood lotting or lot reduction subdivision, easements shall be required, as appropriate.
(3) 
All sewage disposal shall conform to the Townships Official Sewage Facilities Plan (Act 537), as amended, and may include the following alternatives:
(a) 
Public sewers where available.
(b) 
Individual on-lot systems, employing subsurface disposal or spray irrigation on open land.
(c) 
Centralized or community systems employing subsurface disposal or spray irrigation on open land, or stream discharge.