Maidencreek Township
City Zoning Code
City Zoning Code
ARTICLE IV
AP Agricultural Preservation District
§ 220-15 Purpose.
The purposes of the Agricultural Preservation District are:
A.
To protect and promote the continuation of agriculture in areas with primary agricultural lands. Those areas are: Preserved Farmland, Farmland in Agricultural Security Areas, Farmland enrolled in Act 319 of 1974 as amended (Clean and Green), and Land Capability Classes I, II, III and IV.
B.
To prevent the irreversible conversion of primary agricultural land to uses that result in its loss as an environmental and essential food and fiber resource within the Township of Maidencreek.
C.
To strengthen and preserve strong agricultural activity as a viable component of the Maidencreek Township economy.
D.
To promote agricultural land use and activities and other uses and activities which act in direct support of agriculture.
E.
To protect and stabilize the essential characteristics of these areas, to minimize conflicting land uses detrimental to agriculture enterprises, and to limit development which requires highways and other public facilities.
F.
To maintain, protect and stabilize agriculture as an ongoing economic activity by permitting only those land uses and activities which are either agricultural in nature or act in direct support thereof.
G.
To maintain the land resource base, that is, agricultural parcels or farms in sizes which will permit efficient, profitable agricultural operations.
H.
To keep separate agricultural land use and activities from incompatible residential, commercial and industrial development, and public facilities.
I.
To protect land for agricultural purposes now and for future generations. To preserve prime agricultural soils and farmland to the maximum extent allowed by law.
J.
To recognize that farming and agriculture activities are the highest, best, and a fully developed land use.
K.
To further the goals of the Fleetwood — Maidencreek — Richmond Joint Comprehensive Plan of preserving agricultural and farmlands and promoting them as a part of the local economy.
L.
To support the goals and land use plan of the Berks County Comprehensive Plan which determined that Maidencreek Township is an area which needs to be preserved for agricultural uses.
§ 220-16 Permitted uses.
A.
Uses by right.
(3)
Municipal use.
(4)
Woodland or game preserve, wildlife sanctuary or similar conservation use.
(8)
Accessory uses and structures to the above permitted uses when on the same lot as the permitted use.
(10)
Animal hospital, veterinary facilities, and kennels, subject to the provisions of § 220-89 of this chapter.
(13)
Roadside stands for the sale of farm products grown on the premises, provided that there are at least two off-street parking spaces for customers. All parking spaces must be clearly marked but need not be paved.
(16)
Certain wireless communication facilities (WCFs) subject to § 220-81.B(1).
B.
Uses permitted by special exception. A lot may be used or occupied and a building may be erected, altered or used for any of the following purposes and no other when a special exception is granted by the Zoning Hearing Board subject to and in accordance with Article XVI and the other criteria stated herein:
C.
Additional special exception criteria. In addition to all other requirements set forth in this chapter, the Zoning Hearing Board shall also consider the following for all applications for a special exception in the Agricultural Preservation District:
(1)
The applicant shall obtain a review by and receive recommendations from Pennsylvania State University Cooperative Extension Service, Berks County and follow all recommendations consistent with this chapter unless the Zoning Hearing Board expressly finds that the review cannot be obtained and/or the recommendations cannot reasonably be implemented.
(2)
The applicant shall be required to demonstrate that the proposed use and/or operation shall comply with and have the ability to comply with all federal, state, and local laws and related regulations applicable to the proposal including but not limited to subdivision and land development, stormwater management, nutrient management, solid waste management, etc.
(3)
The applicant shall be required to demonstrate that the proposed use shall not attract vectors or cause odors that burden surrounding properties, or alternatively shall provide a reasonable plan to abate odors, flies, vectors and the like. The applicant shall demonstrate the ability to comply with all other provisions and requirements of this chapter including any specific criteria for particular uses set forth herein.
D.
Uses permitted by conditional use.
(1)
Lodges and clubs for hunting, fishing, gunning and other similar recreational purposes and fraternal organizations subject to the provisions of § 220-77 of this chapter.
(5)
Certain wireless communication facilities (WCFs) subject to § 220-81B(2).
§ 220-17 Area and bulk regulations.
A.
Residential uses.
(1)
Calculation of number of permitted dwellings.
(a)
In order to preserve prime agricultural soils and productive agricultural land, and to discourage the use of high quality agricultural soils for nonfarm development, residential development in this district shall be permitted in accordance with the following sliding scale rather than a conventional fixed scale.
Acreage of Tract | Maximum Number of Dwelling Units* | |
|---|---|---|
Less than 20.00 acres | 2 | |
20.01 to 50.00 acres | 3 | |
50.01 to 100.00 acres | 4 | |
One additional dwelling unit is permitted for every 35 acres in excess of 100 acres. | ||
* | Includes existing dwelling units. |
(2)
Where a subdivision results in lots capable of further subdivision, such lots shall be deed restricted such that the total number of residential lots created from the original tract shall not exceed what is permitted by the chart in § 220-17. Any lot created under any prior ordinance shall continue to be subject to any prior restriction and nothing in this chapter shall be construed to expand or change restrictions previously imposed under any prior ordinance.
(3)
Residential lots shall be designed and arranged to minimize both the loss of prime agricultural soils and interference with farm operations. The following criteria shall be utilized to determine compliance with this provision.
(a)
Residential lots shall, to the maximum extent possible, occupy soils other than those in Capability Classes I, II and III, as defined by the Soil Survey of Berks County, Pennsylvania, produced by the United States Department of Agriculture, Soil Conservation Service.
(b)
Residential lots may include soils in such Capability Classes where the area in question cannot feasibly be used for agriculture purposes due to characteristics of the property, such as size of tract or configuration of the lots.
(c)
Where prime agricultural soils cannot be avoided, all residential lots shall be located on the least productive land, or shall be sited to minimize interference with agricultural activity.
(d)
Subdivision, land development and building permit applications will include a conspicuous agricultural use notification as follows: All lands within the Effective Agricultural Preservation Zoning District in the Zoning Ordinance are located in an area where land is used for commercial agricultural production. Owners, residents and other users of this property or neighboring property owners may be subjected to occasional inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted local agricultural practices and operations. These include, but are not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizer, soil amendments, herbicides and pesticides. These operations can occur any time of the day or night. Owner, occupants and uses of this property should be prepared to accept such conditions and inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that the state Right-to-Farm Law (Act 133 of 1982) may bar them from obtaining a legal judgment against such normal agricultural operations.
B.
Lot requirements.
(1)
Lots proposed for residential use shall not exceed 1.5 acres of land unless applicant can demonstrate that such larger size is necessary to accommodate on-site water supply and on-site sewage disposal facilities.
(2)
Structures accessory to agricultural operations, including but not necessarily limited to barns, silos, and bulk bins, are exempt from the maximum building height limitations, but shall have an additional setback equal to the setback specified herein plus an additional amount equal to their height that is in excess of 35 feet.
(3)
Each of the following maximum and minimum dimensional requirements shall apply to each permitted use in the Agricultural Preservation District, except as specifically provided for in this chapter:
Lot Requirements | Residential Uses Single-Family Home | Agricultural Uses | Agricultural Nonresidential Uses | Nonagricultural Nonresidential Uses |
|---|---|---|---|---|
Maximum lot area | 1.5 acres | None | None | None |
Minimum lot area | 1.5 acres | 25 acres | 3 acres | |
Lot area covered by buildings | 25% | 25% | ||
Paved area | 15% | 15% | ||
Minimum lot width at street line | 150 feet | 200 feet | 150 feet | 150 feet |
Minimum lot width at building line | 150 feet | 200 feet | 150 feet | 150 feet |
Minimum front yard | 50 feet | 100 feet | 40 feet | 40 feet |
Minimum side yard (each side) | 25 feet | 70 feet | 25 feet | 25 feet |
Minimum rear yard | 50 feet | 70 feet | 40 feet | 40 feet |
Maximum extent of impervious surface | 25% | |||
Maximum building height | 35 feet | None | 35 feet | 35 feet |