Lower Macungie Township
City Zoning Code
City Zoning Code
PART 4
AP - AGRICULTURAL PROTECTION DISTRICT
§ 27-401 Purpose.
[Ord. No. 2019-10, 8/1/2019]
1.
Background to Purposes.
A.
Based upon information contained in the United States Department of Agriculture National Resource and Conservation Services Lehigh County Soil Survey, 68% of Lower Macungie Township, consists of "prime agricultural land" as that term is defined in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10107, and Part 2 of this chapter.
B.
In 1971, it is estimated that there were 10,521 acres or 73% of land available for or devoted to farming in the Township. It is now estimated that only 3,700 acres are currently available for or devoted to agricultural purposes.
C.
Between 1971 and 2008 approximately 6,821 acres or 65% of prime agricultural land in Lower Macungie Township has been lost to development.
D.
As of the 2000 United States Census, 39% of the land (5,641 acres) of the Township was available for agricultural purposes.
E.
The population projections for Lower Macungie Township, as set forth in the Lehigh Valley Comprehensive Plan, forecast that the population in Lower Macungie Township will increase from 28,000 to over 42,000 between the year 2010 and 2030, thereby jeopardizing the prime agricultural land which remains available in the Township for agricultural purposes.
F.
The 2005 Southwestern Lehigh County Comprehensive Plan and the Lehigh Valley Comprehensive Plan 2030 reflect that roughly 30% of the land in the Township is enrolled in either the Act 319 or Act 515 preferential tax programs, or is included in agricultural security areas under Pennsylvania Act 43.
G.
The farmland in Lower Macungie Township, particularly the prime agricultural land, is ideal for the growing of crops and raising of livestock, and the Board of Commissioners wishes to facilitate the continued availability of land for these purposes, subject to a reasonable allowance for residential and compatible nonresidential development such as churches, schools, and municipal and utility uses.
H.
This chapter provides ample allowance for residential development as evidenced from last available census data, which reports that from 1960 though 2000 the Township's population increased from 3,859 persons to 19,220 persons and population data in the Lehigh Valley Planning Commission 2009 municipal profiles estimates that, as of 2007, there were 29,046 persons living in Lower Macungie Township.
I.
The Lehigh Valley Planning Commission forecasts continued population growth and pressure for continued growth in the Township which will challenge the ability of the community to preserve prime agriculture land.
J.
Lower Macungie Township does not consider land used for agricultural purposes as "vacant," "unused," or "inventory for development," but rather considers agricultural use to be a legitimate and productive use of the land in its own right.
K.
As of the time of enactment of this amendment, 1,098 acres, or 7% of the land in Lower Macungie Township, is included in an agricultural security area.
L.
The A-Agricultural/Rural District established by this chapter, which shares boundaries identical to those established for the AP District created by this chapter, includes 1,651 acres of prime agricultural land, or 97% of the total acreage in the AP-Agricultural Protection District.
M.
Prime agricultural lands comprise the best soils in the United States and Lower Macungie Township is fortunate to have such lands in abundance.
N.
The presence of active and productive agricultural lands is a major land resource for Lower Macungie Township.
2.
Specific Purposes of Agricultural Preservation District.
A.
To protect and promote the continuation of agriculture, particularly in areas with prime agricultural lands, consistent with the Governor's Executive Order 2003-2 dated March 20, 2003.
B.
To support the Governor's Executive Order regarding the irreversible conversion of prime agricultural land to uses that result in its loss as an environmental and essential food and fiber resource across the Commonwealth of Pennsylvania.
C.
To implement the 2005 Southwestern Lehigh County Comprehensive Plan and the Lehigh Valley Comprehensive Plan 2030, which emphasizes the need for effective zoning regulations to preserve prime agricultural land and to identify the AP-Agricultural Protection District as an area which includes Class I and Class II soils which are the "very best agricultural soils."
D.
To strengthen and preserve strong agricultural activity to facilitate farming as a viable component of the local economy.
E.
To promote agricultural land uses and activities and other uses and activities which act in direct support of agriculture.
F.
To protect and stabilize the essential characteristics of areas in the AP District, to minimize conflicting land uses detrimental to agricultural enterprises, and to limit development which requires municipal services, roads, highways, and other public facilities and infrastructure in excess of those required by agricultural uses.
G.
To maintain the land resource base, that is, agricultural parcels or farms, in sizes which will permit efficient, profitable agricultural operations. In this regard, the Board recognizes that large farmland tracts are desirable because the size of farmland tracts is directly related to economic viability of farming operations with respect to use of modern machinery, soil conservation programs, and the ability to dispose of manure and other agricultural by-products.
H.
To the extent practicable, to keep agricultural land use and activities separate from incompatible residential, commercial, and industrial development, and public facilities.
I.
To recognize that the rapid development of the Township during the past three decades has also created a need for additional cultural facilities, such as parks, schools, and places of worship, which uses may be permitted in the AP District without impeding, conflicting, or discouraging agricultural uses and activities.
J.
To allow municipal outdoor parks and recreational areas which involve minimal development of the land, and leave the agricultural soils on the property available to future generations for agricultural uses and activities.
K.
To further the direction and authorization set forth in the following sections of the Municipalities Planning Code: § 604(3), 53 P.S. § 10604(3), which directs that zoning ordinances contain provisions designed to "preserve prime agriculture and farmland"; § 603(b)(5), 53 P.S. § 10603(b)(5), which authorizes this Township to permit, regulate, and determine protection and preservation of prime agricultural land and activities; and § 603(h), 53 P.S. § 10603(h), which provides that zoning ordinances shall encourage the continuity, development, and viability of agricultural operations.
L.
To recognize that farming and agriculture activities are a legitimate and fully developed use of the land.
M.
To permanently preserve the active and productive agricultural lands that are present within the Township.
N.
To limit residential land development activity within the AP District in order to preserve the large contiguous tracts of agricultural land area within the Township.
O.
To avoid intensive residential development in the AP District which may:
P.
To further the goals, objectives and planning policies for agricultural preservation outlined within the 2005 Southwestern Lehigh County Comprehensive Plan and the Lehigh Valley Comprehensive Plan 2030 including, without limitation, the following:
Q.
To assure that this chapter reflects and supports the Township's intent to provide regulations under which agricultural activities may continue in the face of suburban sprawl.
R.
To establish a minimum lot size for residential uses in the AP District intended to provide sufficient area for on-lot water and on-lot sanitary and storm sewer facilities as well as providing a sufficient buffer area on the individual lots from any farming operation disturbances.
§ 27-402 Uses Permitted by Right.
[Ord. No. 2019-10, 8/1/2019]
1.
The uses permitted by right in this zoning district are available in Exhibit 1: Zoning Use Matrix[1] of this chapter, which are conditioned on the requirements of Part 24 and provided the use type, dimensional and all other applicable requirements of this chapter are met.
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
§ 27-403 Uses Permitted by Condition.
[Ord. No. 2019-10, 8/1/2019]
1.
The conditional uses allowed in this zoning district are available in the Exhibit 1: Zoning Use Matrix,[1] and their accessory uses may be permitted following a review and recommendation by the Planning Commission in accordance with the provisions of Part 24, any other applicable provisions listed herein, and approval of the Board of Commissioners.
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
§ 27-404 Uses Permitted by Special Exception.
[Ord. No. 2019-10, 8/1/2019]
1.
The following uses and their accessory uses may be permitted when authorized as a special exception by the Zoning Hearing Board, subject to any other applicable zoning provisions and Part 24:
A.
Accessory dwelling unit.
B.
Any use of the same character as those uses permitted by right or condition in the AP District. Evidence shall be submitted documenting the similarity and difference between the proposed uses and the uses permitted by right or condition to which the proposed use is most similar.
§ 27-405 Original Tract.
[Ord. No. 2019-10, 8/1/2019]
1.
If a tract is located partly in the AP District and partly in a different zoning district, then only the acreage in the AP District shall be considered as part of the original tract for purposes of this chapter.
2.
If a tract of land or a portion of a tract is preserved for agriculture through a recorded covenant or easement that permanently precludes development, such preserved land may be included in the calculation of the original tract size for the purpose of determining the maximum percentage of the original tract that may be used as developable acreage for subdivision, construction of single-family dwellings, or other permitted development, provided that no proposed use of such a preserved tract of land violates the terms of the recorded covenant or easement. Once a tract of preserved land is used in the above-mentioned calculation of the size of an original tract, it shall not be used in the calculation of another original tract.
3.
The determination of what land is included in the original tract shall be based on the tract of land as it exists on October 30, 2009. Neither any subsequent subdivision or conveyance of land, nor any change to this chapter which does not expressly address the determination of what land is included in the original tract, shall affect the determination of what comprises an original tract or be construed to affect the original tract. These provisions shall be applicable to each original tract as reflected by the Lehigh County tax parcel identification numbers on October 30, 2009. The purpose of, in effect, freezing tract sizes by this provision is to eliminate the possibility of repeated subdivisions into smaller and smaller tracts, each thereafter entitled to the maximum amount of allowable development pursuant to other sections of this Part, or the merger of previously preserved land with an adjacent lot or lots for the purpose of using the same agricultural residue for more than one project.
5.
A property owner may subdivide a parcel of less than 12 acres from the original tract as long as: (A) any such subdivided parcel is consolidated by deed with an adjoining parcel at the time of recording of the subdivision plan, (B) such consolidated parcel shall be 12 or more acres in size, and (C) the remainder of the original tract (from which the parcel of less than 12 acres is being subdivided) shall be 12 or more acres following the subdivision. The entitlement to one farmstead on each subdivided lot as provided by §§ 27-406 and 27-407 shall not apply to any parcel of less than 12 acres that is subdivided from an original tract under this section.
6.
If a property owner chooses to consolidate the owner's contiguous original tracts, the owner subdividing pursuant to § 27-406 or 27-407 will be entitled to one farmstead for every original tract existing prior to the consolidation; in other words, it is not intended that consolidation of original tracts will result in the loss of the farmstead lot allowable for an original tract.
7.
All lots within the AP District or created under the provisions of this Part must comply with all applicable provisions of this chapter.
§ 27-406 Percentage Option.
[Ord. No. 2019-10, 8/1/2019]
1.
Under this option, 25% of the original tract (the developable acreage) may be used for single-family residential dwellings or any other use permitted in the AP District. The remaining 75% must be made a part of the agricultural residue. The agricultural residue shall be used for agricultural uses and uses, other than single-family dwellings, permitted in the AP District, provided only a dwelling in existence as of October 30, 2009, on the original tract may be converted to a bed-and-breakfast use.
2.
Under this option, each original tract is entitled to one farmstead lot in addition to the number of lots permitted on the developable acreage. Only dwelling units and agricultural buildings and structures in existence on October 30, 2009, are permitted on a farmstead lot.
3.
Included in the developable acreage shall be areas allocated for: road rights-of-way; private roads and accessways; easements, facilities, pipes, structures and systems, whether above or below ground, intended for use, in whole or in part, for well or water service, sanitary sewer, septic service, access roads, stormwater management, groundwater recharge, and any public or private utility. These items and improvements shall not be allowed in the agriculture residue unless specifically needed to serve the use located upon the residue.
4.
All uses permitted in the AP District, including single-family dwellings, are permitted in the developable acreage. All uses permitted in the AP District, except single-family dwellings, are permitted in the agriculture residue. The bed-and-breakfast use is only permitted in the existing dwelling located upon the original tract, whether located in the developable acreage or upon a farmstead lot.
5.
All lots created pursuant to this section shall have frontage on public or private roads. All such lots must comply with all applicable provisions of this chapter.
6.
The Board of Commissioners shall determine whether the goal of preserving prime agricultural land is best served by requiring that newly created lots be located on existing public streets or on streets constructed as part of the development under this Part.
§ 27-407 Sliding Schedule Option.
[Ord. No. 2019-10, 8/1/2019]
1.
Under this option, the property owner may subdivide the original tract in accordance with the following schedule:
Original Tract Size | Permitted Number of Lots |
|---|---|
12 to 15 acres | 3 |
> 15 to 30 acres | 5 |
> 30 to 60 acres | 7 |
>60 to 90 acres | 9 |
>90 to 120 acres | 11 |
>120 to 150 acres | 13 |
>150 acres | 15 lots plus 2 lot for each 30 acres over 150 acres |
2.
Under this option, each original tract is entitled to one farmstead lot in addition to the number of lots permitted under the schedule within Subsection 1. Only dwelling units and agricultural buildings and structures in existence on October 30, 2009, are permitted on a farmstead lot. Only agricultural uses shall be permitted on the agricultural residue, provided that only a dwelling in existence as of October 30, 2009, on the original tract may be converted to a bed-and-breakfast use.
3.
Each lot, which is not the agricultural residue or a farmstead lot, as permitted under Subsection 1, may be improved with one existing or new single-family detached dwelling.
4.
All lots created pursuant to this section shall have frontage on public or private roads. All lots must comply with all applicable provisions of this chapter.
5.
The Board of Commissioners shall determine whether the goal of preserving prime agricultural land is best served by requiring that newly created lots be located on existing public streets or on streets constructed as part of the development under this Part. In the interest of efficient site design, newly constructed streets and their appurtenant facilities (i.e., curbs, swales, sidewalks, sewers, and utility transmission lines) servicing these newly created lots may be placed on the agricultural residue. All other infrastructure and improvements shall be placed on the developable acreage and not the agricultural residue unless specifically needed to serve the use located upon the residue.
§ 27-408 Developable Acreage Lots Must Be Contiguous Lots.
[Ord. No. 2019-10, 8/1/2019]
1.
All lots created in the developable acreage pursuant to §§ 27-406 and 27-407 must be contiguous. "Contiguous" means that any subdivided lot or tract must share a common boundary with another subdivided lot or tract, regardless of how small in length, or share a common point of connection. Where the applicant is able to demonstrate that noncontiguous lots will result in a larger contiguous agricultural residue, the Board of Commissioners may allow the lots in the developable acreage to be noncontiguous, at its complete discretion.
2.
The purpose of this section is to cluster the lots created in the developable acreage to allow the largest tract of agricultural residue possible which contains the highest quality prime agricultural land, and to reduce the amount of land devoted to roads, stormwater management, utilities and other infrastructure in an effort to minimize interference with the then-existing agricultural use, as well as potential, future agricultural use.
§ 27-409 Exemptions.
[Ord. No. 2019-10, 8/1/2019]
2.
Applicants only proposing to establish an agricultural use, any municipal use, an emergency services use, a utility use, a wireless telecommunications tower or antenna, a place of worship, a school, and/or a bed-and-breakfast on a parcel are exempt from the provisions of §§ 27-405, 27-406, 27-407, and 27-408.
§ 27-410 Preexisting Dwelling Units Included in Farmstead.
[Ord. No. 2019-10, 8/1/2019]
Dwelling units lawfully existing on an original tract on October 30, 2009, shall be included in the farmstead lot.
§ 27-411 Lot Size Requirements.
[Ord. No. 2019-10, 8/1/2019]
1.
In subdivisions developed under the requirements of § 27-406, all newly created lots shall be either: (A) a farmstead lot with a minimum acreage of 11 acres and containing the entire agricultural residue; (B) a nonfarmstead residential lot having a minimum lot size of one acre; or (C) a nonresidential lot containing the entire agricultural residue. All preexisting dwellings and farm structures shall be located on the farmstead lot, if one is created.
2.
In subdivisions developed under the requirements of § 27-407, all newly created lots shall be either: (A) a farmstead lot with a minimum acreage of 11 acres and containing the entire agricultural residue; (B) a nonfarmstead residential lot having a minimum lot size of one acre and maximum lot size of 1.5 acres; or (C) a nonresidential lot containing the entire agricultural residue. Every preexisting dwelling shall be located on the farmstead lot.
3.
In no event shall the agricultural residue of the original tract be less than eight acres.
§ 27-412 Soil Characteristics.
[Ord. No. 2019-10, 8/1/2019]
1.
Under § 27-406, the developable acreage shall be configured so as to: (A) include the maximum amount of the least agriculturally productive land and (B) minimize interference with existing or potential future agricultural production.
2.
The least agriculturally productive land shall be ranked as follows (from least productive to most):
A.
Soils which fall within the capability Classes V through VIII, as set forth in the Lehigh County Soil Survey, shall be considered the least agriculturally productive land.
B.
Those areas which cannot feasibly be farmed due to: (1) existing features of the site, such as rock outcroppings, rock too close to the surface to permit plowing, swamps, being heavily wooded, or slopes exceeding 15%; or (2) the size or shape of the area being ill-suited for and/or insufficient to permit efficient use of farm machinery and equipment, shall be considered the next least agriculturally productive land.
C.
Soils which fall within capability Class IV, as set forth in the Lehigh County Soil Survey, shall be considered the third least agriculturally productive land.
3.
For subdivisions pursuant to § 27-406 where less than 25% of the original tract consists of land which meets the criteria of Subsection 2A, B, or C above, the property owner may use more agriculturally productive land for the developable acreage after all of the least agriculturally productive lands (i.e., those meeting the criteria of Subsection 2A, B, or C) have been included in the developable acreage.
4.
For all subdivisions, the property owner/applicant shall have the burden of proving that the land sought to be used as the developable acreage meets the criteria set forth in this section.
5.
For subdivisions pursuant to § 27-406, if the Board of Commissioners determines that it is in the best interest of the goal of preservation of prime agricultural land, it may allow the developable acreage to be located on soil capability classes which are identified in Subsections 2A or C as less agriculturally productive but not classified as such in the Lehigh County Soil Survey.
§ 27-413 Disclosure and Notice.
[Ord. No. 2019-10, 8/1/2019]
1.
Farming practices and residential uses are incompatible because of conflicts over traffic, noise, odor, vandalism, and other matters. The agricultural residue of the original tract may be used for agricultural uses as set forth in § 27-402 of this Part. The activities, practices, equipment, and procedures that farmers adopt, use, and engage in relative to the production and preparation for market of poultry, livestock and their products and in the production, harvesting, and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and agroncultural crops and commodities, and the Township's regulation thereof, are regulated by Pennsylvania Right-to-Farm Law, 3 P.S. § 851 et seq.
2.
Any deed transferring any lot created out of a subdivision under the percentage or sliding scale options described above shall include the following notice in bold text:
"The parcel of land conveyed hereby is located within the AP-Agricultural Protection Zoning District of Lower Macungie Township. The lot/unit is located in close proximity to lands zoned for agricultural use, upon which the owner (or tenant) thereof may, to the extent consistent with then existing zoning regulations, or, if applicable, as an allowed nonconforming use, engage (A) in the production and preparation for market of poultry, livestock and their products; (B) in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and agroncultural crops and commodities; and (C) in the use of equipment in the course thereof. By accepting this deed, the Grantee shall be deemed to acknowledge the noise, odors, traffic patterns, etc., which may be associated with farming activities on other properties in Lower Macungie Township and neighboring communities." |
3.
A deed transferring any agricultural residue or farmstead lot that has been created pursuant to the provisions of this Part (i.e., any parcel, lot or unit other than the original tract in its entirety) shall include the following notice in bold text:
"The parcel of land conveyed hereby is located within the AP-Agricultural Protection Zoning District of Lower Macungie Township. The land or unit hereby conveyed was created pursuant to the regulations of that zoning district. Any new use of this property shall be an agricultural, school, place of worship, municipal, utility, emergency services, wireless telecommunications tower/antenna, or bed-and-breakfast use or uses. By accepting this deed, the Grantee shall be deemed to have acknowledged the limitation on the use of this property. This restriction shall run with the land, shall be binding on all future property owners and shall inure to the benefit of the Township." |
4.
Every subdivision plan and land development plan involving lands in the AP District shall contain plan notes and labeling, legends, etc., on plan sheets, as appropriate, identifying, explaining, and measuring, at a minimum, the following:
A.
Each lot or unit allocated for a use or dwelling in the developable acreage.
B.
The agricultural residue.
C.
The developable acreage.
D.
Any farmstead lot.
E.
The original tract.
H.
Conditional use approval(s) received and any conditions imposed upon the grant of such approval(s).
I.
Any zoning relief received and any conditions imposed upon the grant of such zoning relief, including, if applicable, any favorable ordinance interpretations by the Zoning Hearing Board.
J.
Soil characteristics of the original tract, whether determined by the Soil Survey or otherwise through the conditional use approval process. Specifically, the plan shall include identification of prime agricultural lands, lands falling within soil capability Classes V through VIII, and the next least agriculturally productive soils.
L.
Any other details relative to all or any part of the original tract pursuant to this Part deemed to be relevant for inclusion by the Township.
§ 27-414 Election of Subdivision Option.
[Ord. No. 2019-10, 8/1/2019]
When a property owner first subdivides the original tract pursuant to either § 27-406 or 27-407, such election shall be binding on the entire original tract including, without limitation, any authorized future subdivision of the agricultural residue. As an example, if a property owner elects to subdivide fewer lots than permitted pursuant to either § 27-406 or 27-407, thereafter the property owner may only subdivide additional lots which will cumulatively total the number of lots which could have been constructed as of October 30, 2009. Nothing in this section shall affect or be construed to affect the property owner's ability to choose the size of the lots as set forth in § 27-411.
§ 27-415 Agricultural Residue.
[Ord. No. 2019-10, 8/1/2019]
1.
The agricultural residue shall be of such shape so as to be suitable for the convenient use of modern farm equipment and machinery.
2.
The agricultural residue shall have suitable access, including frontage on a public street of not less than 100 linear feet. In the case where the agricultural residue cannot have road frontage, the tract shall be provided with direct access to a public street. Such an accessway shall not be less than 25 feet in width or greater than 45 feet in width.
3.
Agricultural structures are allowed to be constructed upon the agricultural residue and existing agricultural structures may be included within the agricultural residue.
4.
Only one lot containing the entire agricultural residue shall be created per original tract. Where the geography or the location of the prime agricultural land makes the creation of just one agricultural residue lot infeasible, the Board of Commissioners, at their complete discretion, may allow the creation of two or more lots containing the agricultural residue. When multiple lots containing the agricultural residue are allowed, each lot shall meet all of the requirements of this chapter, and the agricultural residue on each lot shall not be less than eight acres.
5.
To the greatest extent possible, agricultural residues shall be situated adjacent to one another and/or other conserved farmland, so as to form large contiguous tracts of protected, usable farmland.
6.
Where the subdivision or land development of an original tract(s) creates an agricultural residue in conformance with the provisions of this Part, the approved subdivision/land development plan shall contain the following statement: "The agricultural residue shall not be subdivided. Moreover, it shall not be developed or have buildings erected on it, except as provided for in the Lower Macungie Township Zoning Ordinance, as amended."
7.
Any of the following ownership arrangements may be used for the agricultural residue:
A.
Fee-Simple Dedication. The Township may, but shall not be required to, accept all or any portion or portions of the agricultural residue.
B.
Transfer to a Private Conservation Organization. With the approval of the Board of Commissioners, an owner may transfer the fee simple title of the agricultural residue, with appropriate deed restrictions running in favor of the Township, to a private, nonprofit organization. The transfer to a private conservation organization shall be subject to the following provisions:
(1)
The organization is a bona fide conservation organization with perpetual existence.
(2)
The conveyance contains appropriate provision for reverter or retransfer in event that the organization becomes unwilling or unable to continue carrying its functions.
(3)
Any agricultural residue shall continue to be available for agricultural activities.
(4)
The form and language of any deed restriction must be approved by the Township.
C.
Private Ownership with Restrictions. With the approval of the Board of Commissioners, the agricultural residue may be owned by a private individual or entity, so long as the appropriate deed restrictions running in favor of the Township are recorded and an easement conserving the agricultural residue is granted to a private, nonprofit organization. This option shall be subject to the following provisions:
(1)
The organization accepting the easement is a bona fide conservation organization with perpetual existence.
(2)
The easement contains appropriate provision for reverter or retransfer in event that the organization becomes unwilling or unable to continue carrying its functions.
(3)
Any agricultural residue shall continue to be available for agricultural activities.
(4)
The form and language of any deed restriction and/or easement must be approved by the Township.
D.
Homeowners' Association. The agricultural residue may be held in common ownership by a homeowners' association. The association shall be subject to all of the provisions for homeowners' associations set forth in Article VII of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10701 et seq., as well as the Uniform Planned Communities Act, 68 Pa.C.S.A. § 5101 et seq. This option shall be subject to the following:
(1)
The declaration and/or other documents including, but limited to, the association's bylaws, establishing the association and its rules and regulations shall contain provisions to ensure the following:
(a)
That the agricultural residue be preserved in perpetuity.
(b)
That the agricultural residue cannot be subdivided, developed, built upon, or otherwise harmed or altered.
(c)
That the agricultural residue shall not be sold or otherwise transferred.
(d)
That the agricultural residue is only used for agricultural and/or passive recreation purposes.
(e)
That the agricultural residue is not used for residential, commercial, or active recreational purposes, including, but not limited to lawn, yard refuse disposal, parking, and playing fields.
(f)
That the provisions in these documents concerning the agricultural residue, it use, and its preservation, shall not be amended or otherwise abrogated without the express written approval of the Board of Commissioners.
(2)
Any agricultural residue shall continue to be available for agricultural activities.
(3)
The agricultural residue shall be protected by appropriate deed restrictions running in favor of the Township.
(4)
The form and language of the deed restriction, declaration, bylaws, and any other pertinent document must be approved by the Township.
§ 27-416 Lot Area, Width, Building Coverage and Height Regulations.
[Ord. No. 2019-10, 8/1/2019]
The following dimensional requirements in this section apply to each use permitted in the AP District, subject to further applicable provisions of this chapter:
Principal Use | Minimum Lot Area | Minimum Lot Width (feet) | Maximum Building Coverage | Maximum Impervious Coverage | Maximum Building and Structure Height Unless Otherwise Specified (feet) |
|---|---|---|---|---|---|
Single-family dwelling on a lot created from an original tract less than 12 acres in size | 1 acre | 150 | 15% | 25% | 35 |
Single-family dwelling on a lot created from an original tract 12 acres or greater in size | Refer to § 27-411 | 150 | 15% | 25% | 35 |
Farmstead lot | Refer to § 27-411 | 250 | 15% | 25% | 35 (except for silos) |
Boarding stables | 10 acres | 200 if not part of Ag. Residue | 15% | 25% | 35 |
Greenhouse/Nursery | 3 acres, if not part of Ag. Residue | 200 if not part of Ag. Residue | 30% | 40% | 35 |
Animal husbandry | 10 acres | 300 | 15% | 30% | 35 |
Boarding kennel | 3 acres | 200 | 15% | 25% | 35 |
Place of worship | 3 acres | 200 | 20% | 30% | 35 |
Public school | 10 acres | 300 | 15% | 35% | 35 |
Public utility structures, necessary for transmission such as well house, switching station, etc. | No Minimum | None | None | None | 35 |
All other uses unless otherwise specified | 1 acre | 150 | 15% | 25% | 35 |
§ 27-417 Minimum Yard Requirements.
[Ord. No. 2019-10, 8/1/2019]
Principal Use | Front Yard (feet) | Side Yard (feet) | Rear Yard (feet) |
|---|---|---|---|
Parking areas | — | 5 | 5 (Driveways) |
All structures unless otherwise specified | 35 | 25 | 35 |
NOTES: |
Side and rear yards are in addition to buffer yards except as provided in § 27-1803. |
See Figure 1D in Exhibit 2: Typical Residential Lot Layouts for example. |
§ 27-418 Accessory Uses and Structures.
[Ord. No. 2019-10, 8/1/2019]
1.
Accessory uses or structures on the same lot which are customarily incidental to the permitted use and primary structure are permitted by right. Only the following accessory uses are permitted in this part. These uses shall comply with all yard regulations, except as modified by the provisions contained within § 27-1708, Residential Accessory Uses.
A.
Accessory recreational agricultural activity.
B.
Accessory residential dwelling.
C.
Amateur radio antennas.
D.
Clubhouse, swimming pool, community recreation owned and operated by a homeowners' association or condominium association.
E.
Farm stand.
F.
Home occupation.
G.
Solar panels.
H.
Temporary structure or use.
I.
Wind turbine.
J.
Winery.