Hamilton Township Monroe County
City Zoning Code
City Zoning Code
ARTICLE IV
Agricultural Preservation AP District
§ 150-11 Statement of legislative intent.
It is the legislative intent of the Agricultural Preservation (AP) District to:
A.
Protect and stabilize general agriculture as an ongoing economic activity in the Hamilton Township area by encouraging those land uses and activities which are agricultural in nature or act in direct support thereof. Therefore, owners, occupants and users of property within the Agricultural Preservation District should be prepared to accept impacts associated with normal farming practices and agricultural operations and are hereby put on official notice that Section 4 of Act 133 of 1982, known as the Right to Farm Law,[1] may bar them from obtaining a legal judgment against such agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
B.
Discourage development from occurring on productive farmlands, including those designated as "prime" or "important," and those which are conducive to high crop yields.
C.
Protect agriculture from incompatible uses which may also interfere with normal and customary agricultural practices within that zone.
D.
Minimize the amount of land consumed for nonagricultural purposes by encouraging nonagricultural development to occur on small parcels.
E.
Provide for the continuation of agribusiness operations within appropriate areas of Hamilton Township by requiring appropriate design standards for agribusiness operations and by requiring adequate setbacks between agribusiness and residential uses.
F.
Retain the core area of farmland in central Hamilton Township which strongly contributes to the rural character of the Township.
G.
Provide for the development of appropriate agricultural tourism operations that would ensure that the Township remains a unique and competitive destination in the future by interpreting the agricultural heritage of the Township and by creating a distinctly Adams County experience.
§ 150-12 Principal uses permitted by right.
The following uses are permitted by right within the AP District:
A.
Agriculture.
C.
Farm, excluding agribusiness operations.
D.
Farm market.
F.
Government offices, municipal buildings.
G.
Horse boarding stables.
H.
Public utility uses.
I.
Riding schools.
J.
Single-family detached dwellings.
N.
Animal shelter.
P.
Cemetery.
Q.
Farm equipment sales.
R.
Horticulture, including nurseries and greenhouses.
§ 150-13 Accessory uses permitted by right.
A structure may be erected or used, and a lot may be used for the following permitted accessory uses and no other:
C.
Other accessory uses and structures, including farm buildings, on the same lot that are customarily incidental to the uses permitted by right, pursuant to § 150-96.
E.
Wireless communications antennas mounted on an existing public utility transmission tower, building, or other structure, along with associated communications equipment buildings, pursuant to § 150-96.
F.
Custom butchering.
G.
Custom butcher shop.
L.
Campsite hosting, when accessory to a dwelling, farm, or agricultural operation, pursuant to § 150-98.
O.
Greenhouse, when accessory to a farm or agricultural operation.
P.
Greenhouse, for personal, noncommercial use when accessory to a residence.
Q.
Growing/producing agricultural products on nonfarm.
R.
Nursery, when accessory to a farm or agricultural operation.
§ 150-14 Special exception uses and lot arrangements.
The following uses are permitted by special exception in accordance with the performance standards contained in this chapter and any additional standards that the Hamilton Township Zoning Hearing Board may deem necessary to apply:
§ 150-15 Uses permitted by conditional use.
Within the AP District, the following uses are permitted by conditional use in accordance with the performance standards contained in this chapter. The Township Supervisors may authorize a use as a conditional use if it conforms, at a minimum, to these stated standards and criteria. The Township Supervisors may apply additional criteria to specific projects, where appropriate, to protect the residential environment of developing neighborhoods, and in the interests of public health, safety, and welfare.
§ 150-16 General district requirements.
All permitted principal uses and special exception uses, listed in § 150-12 and § 150-14 of this chapter, and erected or established after the adoption date of this section, shall comply with the following requirements, unless otherwise required by this article:
A.
Development allotment. Parent tracts shall be permitted to subdivide the number of lots shown in the table below. The lots subdivided may be used to transfer land to an adjacent lot (lot add-on), or may be used for the establishment of new permitted principal uses meeting the standards of this chapter. The number of lots allocated to a parent tract shall be based on its size as of the effective date of this chapter (January 3, 2000), excluding lands already placed under a conservation easement or similar such restrictions. The number allotted subdivisions shall not be increased by the subdivision of the parent tract or the transfer of additional land to the parent tract. Any subsequent owner of a lot after subdivision shall be bound by the actions of any and all previous owners.
Property Area | Number of Lots That May Be Subdivided From Parent Tract |
|---|---|
0 to 14.99 acres | 1 |
15 to 29.99 acres | 2 |
30 to 49.99 acres | 3 |
50 to 99.99 acres | 4 |
100 to 149.99 acres | 5 |
150 to 199.99 acres | 6 |
200 acres or more | 7, plus 1 lot for each 100 acres over 200 acres |
(1)
The development allotment noted above shall not apply to the following subdivisions:
(a)
Subdivisions that create a lot which will be transferred to the Township, a municipal authority created by the Township, a public or private utility agency, an entity with the power of eminent domain, a fire company or ambulance company, or any other governmental agency for a public purpose.
(b)
Creation of a lease area for use solely by a communications tower or public utility.
(c)
Subdivisions that transfer one acre or less from one lot to an adjacent lot, provided that all lots meet the minimum and maximum lot size requirements of this chapter after the transfer.
(d)
Subdivisions that transfer land from one lot to an adjacent lot, provided that all lots after the transfer are 20 acres or greater in size.
(2)
Where new lots are proposed in accordance with this section, but where all of the lots allocated in § 150-16A are not used, the subdivision plan shall indicate which lot or lots retain the right to subdivide the remaining lot allocation.
(3)
All subdivision and/or land development plans within the Agricultural Preservation (AP) District shall include a chart documenting the following information:
(4)
Application for the last lot or use permitted to be subdivided from or developed on a property shall be accompanied by a proposed deed for the residual farm land or property. The proposed deed shall contain a restriction to identify that all subdivision and development allotments have been used and that no further subdivision, development, or establishment of additional principal uses shall be permitted. Said restrictive deed shall be recorded within 30 days of subdivision approval for the last allowable lot or use. Said deed restriction shall be recorded when the applicant records the subdivision plan approved by the Township. Failure to record said deed, subsequent removal of the deed restriction, or subsequent subdivision or establishment of additional uses or lots shall constitute a violation of this chapter. The applicant shall provide the Zoning Officer a copy of the recorder's certificate within 10 working days after the deed is recorded.
(5)
All subdivision and/or land development plans within the Agricultural Preservation (AP) District that create a lot under § 150-16A(1) shall include a note indicating such on the plan.
B.
Large lot/lot consolidation option. Lots larger than ordinarily permitted in § 150-17B(1) may be proposed by combining the lots allocated to a parent tract in accordance with the sliding scale contained in § 150-16A. If this option is elected, without regard to the approval of on-site sewage tests approved by the local Sewage Enforcement Officer and/or other appropriate agencies, the maximum area of the large lot created by combining two or more lots entitled by § 150-16A shall be determined by multiplying the number of allowable lots by two acres.
C.
Lot additions. Lot additions shall be permitted provided the following provisions are met:
(2)
Lot additions lot shall not permit the adjoining lot to exceed the maximum lot size requirements § 150-17B, excepting that one agricultural operation or farm may transfer land to an adjacent agricultural operation or farm provided the permitted principal use for both parcels remain an agricultural operation or farm.
(3)
When any lot addition is subdivided from a parent tract, the development allotment assigned to the remainder of the parent tract shall be calculated by evaluating the remainder of the parent tract against the development allotment established by § 150-16A as if the remainder of the parent tract was a parcel that had been in existence prior to the effective date of this chapter.
(4)
When any lot addition is added to an adjoining lot, the development allotment established by § 150-16A shall not be increased.
(5)
A note indicating that the size of the receiving parcel parent tract and its development allotment per § 150-16A shall not be increased due to the lot addition shall be added to all lot addition plans. This note shall also indicate the receiving parcel parent tract size, number of development allotments allowed, and the number already used, proposed and remaining.
(6)
Draft deed language for the enlarged property(ies) resulting from the lot addition plan or lot consolidation plan shall be provided. The deed language shall include a single metes-and-bounds description for each enlarged property. Individual descriptions of the individual components of property comprising the enlarged property(ies) shall not be permitted. Any tract lines shall be extinguished.
(7)
A copy of the recorded deed for the enlarged property shall be provided to the Township upon its recording. The recorded deed shall match the draft deed language reviewed by the Township prior to subdivision plan approval of the lot addition.
§ 150-17 Dimensional requirements.
A.
Minimum lot area.
(1)
Residential: one acre.
(2)
Farm: 20 acres.
(a)
By approval of a conditional use, the Board of Supervisors may reduce the minimum lot size to 18 acres where the applicant provides adequate proof that existing features of the property such as topography, tree lines, watercourses, and existing irregular lot lines do not facilitate the creation of a twenty-acre farm lot.
(3)
All other uses: one acre.
B.
Maximum lot area.
(1)
Residential: two acres, unless the large lot/lot consolidation option established in § 150-16B is applied.
(a)
Where more than two acres are required by the Township Sewage Enforcement Officer and/or the Department of Environmental Protection (DEP) to meet the requirements for an on-site sewer system, this maximum may be increased to the minimum acceptable lot size required to accommodate such an on-site system.
(2)
Farm: none.
(3)
All other uses: none.
C.
Minimum lot width: The minimum lot width shall be 150 feet.
D.
Minimum front setback: 25 feet.
E.
Minimum side setback: 10 feet, provided the minimum width of both side yards is 35 feet.
F.
Minimum rear setback: 25 feet.
§ 150-18 Supplemental regulations.
The uses permitted in this district are also subject to the applicable regulations contained in the following sections of this chapter: