Harborcreek Township
City Zoning Code
City Zoning Code
ARTICLE IV
AG Agricultural District
§ 490-17 Purpose.
The purpose this district is to preserve or encourage the preservation of agricultural land. This district is established to provide space which will be used primarily for agricultural activities and to protect such areas and particularly grape growing areas against unjustifiable urban encroachment.
§ 490-18 Table of uses.
KEY: |
|---|
P = Permitted by right |
SE = Permitted by special exception with a hearing before the Zoning Hearing Board |
C = Permitted by conditional use with a hearing before the Township Board of Supervisors |
Use | Type |
|---|---|
Principal Use | |
Agricultural uses | P |
Airport and private airstrip | C |
Brewery | C |
Campgrounds and recreational vehicle parks | SE |
Cemetery | SE |
Dwelling, single-family | P |
Emergency response facility | P |
Energy facility systems | P |
Essential service (public utilities) | P |
Essential service structure | C |
Golf course | C |
Group residence facility | C |
Kennel | C |
Park, public | P |
Place of worship (less than 20,000 sq. ft.) | P |
Sand and gravel pit/mineral extraction facility | C |
Sportsman's club | C |
Stables and riding academies | P |
Veterinary clinic/hospital | C |
Winery | P |
Accessory Use | |
Accessory solar energy system | P |
Agritourism | C |
Home occupation | P |
No-impact home-based business | P |
Small wind turbine | P |
Wireless communication, co-location | P |
§ 490-19 Lot, yard and height requirements.
See Appendices for illustrations.[1]
Use Type/Dimension | Single-Family Farm Dwellings and Non-Farm Dwellings | Nonresidential Uses |
|---|---|---|
Minimum lot area | 40,000 sq. ft. | 40,000 sq. ft. |
Minimum lot width | 150 feet | 200 feet |
Minimum front yard depth | 50 feet | 50 feet |
Minimum side yard width | Principal structures and accessory structures with more than 224 sq. ft.: 30 feet each side Accessory structures with less than 224 sq. ft.: Interior lot: 5 feet Corner lot: 20 feet | 100 feet from a residential use; 50 feet from another nonresidential use |
Minimum rear yard depth | Principal structures and accessory structures with more than 224 sq. ft.: 35 feet Accessory structures with less than 224 square feet of floor area: 5 feet | 100 feet from a residential use; 50 feet from another nonresidential use |
Maximum height of structure | 35 feet | 45 feet |
Maximum coverage | 25% | 25% |
[1]
Editor's Note: The illustrations appendix is included as an attachment to this chapter.
§ 490-20 Special requirements for new lots.
Purpose: Because the A-Agriculture District is specifically designated to protect the Township's unique high-value farmland from complete development into lots too small for the practice of viable agriculture, the following limits shall apply in the creation of new lots from parent tracts within the district. However, to offer farmland owners maximum opportunities and flexibility for their property, three options are offered. Option One shall be through permitted use. Options Two and Three shall be through conditional use approval.
A.
Option one: conventional subdivision.
(1)
In this option, minimum lot sizes of 40,000 square feet are still applicable. However, only a limited number of new lots may be created. The following limits shall apply in the creation of new lots from parent tracts within the district. The number of new lots created within any parent tract existing in separate ownership on the date of adoption of this chapter shall not exceed the number in Table 505A. Separate ownership shall be determined according to the Erie County Assessment Office lot and block records. Regardless of actual party of ownership, a property shall be regarded as existing in separate ownership on the date of adoption if it has a separate deed or tax parcel number. Subsequent or additional subdivisions of lots previously subdivided shall also be limited in the future, based upon the original parcel size in separate ownership at the time of adoption. Both new lots and residual portions of parent tracts must meet minimum lot size standards for the district.
Table 505A | |
|---|---|
Size of Original Property in Separate Ownership | Maximum Number of Lots* |
Less than 4 acres | 3 |
4 acres or over but less than 10 acres | 4 |
10 acres or over but less than 25 acres | 5 |
25 acres or over but less than 50 acres | 6 |
50 acres or over but less than 75 acres | 7 |
75 acres or over but less than 100 acres | 8 |
100 acres or over but less than 125 acres | 9 |
125 acres or greater | 10 |
Note: |
|---|
* Including any original or residual tract not subdivided. |
(2)
The provisions of this section shall apply to all parent tracts as of the effective date of this chapter. Regardless of size, no parcel or lot subsequently subdivided from its parent tract shall qualify for additional lots pursuant to this section, unless the property is rezoned. All subsequent owners of parcels of land subdivided from a parent tract shall be bound by the actions of the previous owners of the parent tracts. Any subdivision or land development plan hereafter filed for a parent tract in the A-Agricultural District shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of single-family detached dwellings or farm parcels as determined and limited by the provisions of this section.
(3)
In the event a tract of land not originally classified as part of the A-Agricultural District on the effective date of this chapter is hereafter classified as part of the A-Agricultural District, the size and ownership of such tract of land and its classification as a parent tract shall be determined as of the effective date of the change in the zoning classification to A-Agricultural.
B.
Option Two: homestead and country lots.
(1)
This option is designed to allow further subdivision of tracts over 25 acres (including such tracts previously developed under this subsection) than permitted under Option One. The intent is to allow a mix of larger homestead lots for the purposes of horse keeping or limited agriculture, with smaller country lots. At least 50% of the total number of proposed lots shall meet the minimum dimensions of homestead lots (or be of greater size). The remaining 50% of lots may be of country lot standards.
(2)
If at least 50% of the total tract acreage prior to subdivision is proposed for homestead lots of at least 10 acres in size each, the remaining 50% of the tract may be used for country lots, regardless of the lot ratios previously stated.
(3)
Each newly created homestead lot or country lot shall be accompanied by a deed restriction restricting any future subdivision.
C.
Option three: cluster subdivision.
(1)
Under this option, developers may create smaller lots, while retaining overall site density, and thus saving on road and infrastructure costs. However, because of higher density, a higher level of site planning is necessary to preserve rural resources and natural infrastructure.
(2)
Standards:
(a)
The minimum size for a cluster subdivision option is 25 acres.
(b)
The maximum number of permitted new lots shall be determined by dividing the total square footage of lands lacking rights-of-way, easements, steep slopes 15% or greater, floodplains and wetlands (per the existing conditions map) by 80,000 square feet. This shall be done as follows:
[1]
Step One: determine adjusted tract acreage:
[a]
Calculate total tract acreage.
[b]
Subtract lands in rights-of-way or utility easements.
[c]
Subtract lands in open water, hydric soils, or other statutory wetlands.
[d]
Subtract lands in 15%+ steep slope as determined by USGS 1:24000 Series, local topographic mapping, or the Township comprehensive plan maps.
[e]
Subtract lands in floodplains.
[f]
Enter resulting acreage = adjusted tract acreage.
[2]
Step Two: adjusted tract acreage (expressed as square feet) divided by 80,000 square feet equals the total number of lots permitted. (ATA/80,000 square feet = total lots permitted). minimum lot size shall be 40,000 square feet.
[3]
Open space:
[a]
The developer shall preserve either 60% of the entire tract or 70% of the active agricultural lands as open space. No tract of open space shall be less than 10 acres. A deed covenant shall be attached to prevent construction of other than a farm building or farm accessory structure within any tract of open space. Open space uses may be any combination or single use listed below:
[i]
Off-lot septic easements or wells, provided that homeowner access is permitted through easement.
[ii]
Timber management and forestry.
[iii]
Agriculture.
[iv]
Equestrian activities by community residents.
[v]
Scenic areas and vistas.
[vi]
Fishing, hunting, wildlife observation, and similar outdoor recreational pursuits.
[vii]
Developed parklands.
[b]
Other open space uses may be accepted by the Township if approved prior to submission of an alternative plan and such uses do not entail residential or commercial use.
[c]
Unless devoted to agriculture or forestry uses, these areas must be owned by a land trust, government, homeowners' association, or similar responsible body to ensure maintenance or proper management in perpetuity. If devoted to agriculture or private forestry, means for appropriate permanent dedication or deed covenants to prevent its development shall be required prior to approval.
D.
Other development standards.
(1)
Stream side buffer areas.
(a)
To naturally control stormwater runoff, setbacks and yard areas shall be maintained between any perennial stream or natural watercourse based upon the slope between any building or parking area and the non-flood waterline. Slope shall be calculated from the difference in elevation between the edge of the non-flood water line and the proposed building site facing the stream by subtracting the lower elevation from the higher elevation and dividing this by the lineal distance. In this buffer area, no new structures shall be constructed, nor shall any clearing of trees or under-story growth be permitted (except as may be necessary for street or trail construction or forest management). Where this buffer is un-wooded, the Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.
(b)
Steam side buffer area setbacks shall be as follows:
Slope | Setback (feet) |
|---|---|
0% to 8% | 25 |
10% to 15% | 50 |
16+% | 75 |
(2)
Buffers for adjacent public parkland.
(a)
Where a proposed development adjoins public parkland, a natural greenway buffer at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or under-story growth be permitted (except as may be necessary for trail construction or forest management). Where this buffer is un-wooded, the Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.
(b)
Whenever any proposed Option Three subdivision abuts an agricultural security area or active agriculture is proposed as a part of open space, the distance between active agricultural areas and proposed dwellings shall be maximized. Under no circumstances shall a dwelling unit be within 100 feet of an agricultural security area.
(3)
Required information for Option Two or Three conditional use approval.
(a)
An existing conditions map must be submitted which details:
[1]
Topography, the contour lines of which shall be taken from the US Geological Survey 1:24000 Series, or the slope maps contained in the Township comprehensive plan. Areas of slope of 15% or greater shall be clearly depicted.
[2]
The location and delineation of ponds, streams, ditches, drains, and natural drainage swales, as well as the 100-year floodplains and wetlands as depicted by U.S. Fish and Wildlife Service maps (included in the comprehensive plan) or presence of hydric soils pursuant to U.S. Department of Agriculture maps (also in the Township comprehensive plan) in the additional areas of wetlands on the proposed development parcel shall also be indicated, as evident from testing, visual inspection, or from the presence of wetland vegetation.
[3]
Vegetative cover conditions on the property according to general cover type, including cultivated land, permanent grass land, meadow, pasture, old field, hedgerow, woodland and wetland, trees with a caliper in excess of 15 inches, the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, relative age and condition.
[4]
Soil series, types and phases, as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service in the published soil survey for the county, and accompanying data published for each soil relating to its suitability for construction (and, in non-sewered areas, for septic suitability). Active farmlands in grape production shall be clearly delineated.
[5]
Ridgelines and watershed boundaries shall be identified.
[6]
All existing man-made features, including but not limited to streets, driveways, farm roads, woods roads, buildings, foundations, walls, wells, drainage fields, dumps, utilities, fire hydrants, and storm and sanitary sewers.
(b)
The developer shall use the existing conditions map as a base upon which to prepare a sketch plan that generally depicts the proposed development and meets the following standards. This sketch need not contain bearings or distances for proposed lots. It must generally depict the location, size and configuration of lots, dwelling units and open space. As a condition of approval, the developer shall agree to utilize any approved sketch plan as the basis for the preliminary and final subdivision plans.
(4)
Deed notation to protect agricultural operations. Within all options, deed covenants shall be attached to each lot that state, "The grantee acknowledges that this lot is within an active agricultural area. It may be subjected to the odors, dust, noise and other impacts that are a part of normal farming practices, and that agriculture has the pre-existing right of use in this area." Private deed covenants shall not prelude normal agricultural use.