North Newton Township
City Zoning Code
City Zoning Code
ARTICLE IV
A Agriculture Zoning District
§ 300-15 Purpose.
The purpose of the Agriculture Zoning District is to permit, protect and encourage the continued use of land for agricultural uses. The intent is to conserve pieces of land large enough to allow for efficient farm operations and associated enterprises, protecting groundwater resources and providing for the conservation of environmentally sensitive areas. Those areas designated Agriculture Zoning are to be used primarily for agriculture purposes and limited residential, nonresidential and accessory uses in general conformance with the current North Newton Township Comprehensive Plan.
§ 300-16 Permitted uses by right.
[Amended 9-3-2024 by Ord. No. 2024-03]
A.
Agricultural operation, including crop and tree farming; raising, keeping, and breeding livestock, poultry, rabbits, goats and similar animals.
B.
Horticulture, plant nurseries, greenhouses and beekeeping.
C.
Aquaculture and fisheries.
F.
Single- family detached dwellings.
J.
Natural areas, wildlife refuge, parks, greenways.
§ 300-17 Accessory uses.
The following uses and buildings incidental to any permitted uses shall be permitted.
A.
Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, parking areas and garages.
§ 300-18 Uses permitted by conditional use.
[Amended 9-3-2024 by Ord. No. 2024-03]
A.
Uses which, in the opinion of the Board of Supervisors, are of the same general character as those listed as permitted uses and which will not be detrimental to the intended purposes of this district.
D.
Retail sale and service of agricultural, plant nursery and garden supplies and goods (see § 300-122).
N.
(Reserved)
§ 300-19 Area and design requirements.
A.
Maximum area of subdivided land.
(1)
Upon the effective date of this chapter, the maximum land area that can be subdivided for non-farm residential lots from a parent parcel shall be equal to 10% of the gross area of the parent parcel (i.e., 100 acre farm: 100 x 0.1 = 10 acres). The following paragraph shall be completed for the property being subdivided, and added to the plan notes.
"The area of the parcel to be subdivided was approximately _____ acres at the time North Newton Zoning Ordinance _____ was enacted. As per § 300-19A of the North Newton Zoning Ordinance, the maximum land area that can be subdivided for non-farm dwellings from the original parcel is _____ acres. The current area of the parcel to be subdivided is approximately _____ acres. The plan proposes to subdivide a _____ acre parcel from the existing _____ acre parcel. The residual acreage of lot _____ will be _____ acres. As per § 300-19A of the North Newton Zoning Ordinance; the maximum land area that may be further subdivided from the residual _____ acre parcel to create residential parcels is _____ acres (_____ s.f.). This condition shall be placed on a new deed for the residual tract, or as a recorded miscellaneous instrument related to the current deed contained in Deed Book or Instrument No. _____. The owner shall provide a copy of the proposed instrument at the time final approval of this plan is sought, and shall provide the Township with a copy of the recorded instrument. If there is a subsequent change to the North Newton Zoning Ordinance that would permit further subdivision, and if the owner desires to further subdivide in accordance with the new zoning provisions, the North Newton Township Board of Supervisors shall release said condition from the deed or miscellaneous instrument."
(2)
Any subsequent owner of any parcel or land legally existing on the effective date of this chapter shall be bound by the actions of previous owners, in that such current owner may only subdivide for the purposes of additional single-family dwellings the land area, if any, remaining from the original amount permitted by this section. Any subdivision or land development plan hereafter filed for a tract of land in the Agricultural District shall specify the amount of any unused quota and which lot or lots shall carry with them the right to erect or place thereon any unused quota of single-family detached dwellings as determined by the provisions of this section.
B.
For each tract of contiguous land in single ownership that is 10 acres or less as of the effective date of this chapter, there may be one additional residential lot subdivided when meeting the requirements of the Pennsylvania Department of Environmental Protection.
C.
Section 309-19A shall not apply to ECHO housing, conversion apartments, or temporary farm employee housing, unless new lots are created for such units.
D.
Any lot, tract or parcel used for the following purposes shall comply with the following:
[Amended 7-11-2023 by Ord. No. 2023-05]
Minimum Yard Setbacks | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Use | Mini-mum Lot Area (acres) | Maxi-mum Lot Area* (acres) | Mini-mum Lot Width (feet) | Maximum Impervious Lot Coverage | Front (feet) | Side (feet) | Rear (feet) | Maximum Building Height** (feet) | Maximum Density (dwelling units per acre) |
Agriculture, horticulture, and forestry-related uses | 1 | N/A | 175 | 10% | 50 | 35 each | 50 | 50 | N/A |
Single-family detached dwellings | 1 | 2 | 175 | 25% | 50 | 20 each | 20 | 35 | 1 unit per acre of lot area (individual lots) / 1 per acre of buildable area (more than one unit on a single lot) |
Other principal uses | 1 | N/A | 200 | 30% | 50 | 35 each | 50 | 35 | N/A |
Accessory buildings and structures | N/A | N/A | N/A | Included in above | Not permit-ted in required front yard | 10 | 10 | 25 | N/A |
NOTES: | |
* | Maximum lot area, unless a larger size is necessary to meet the requirements of the Pennsylvania Department of Environmental Protection. Maximum lot size applies to all subdivisions for residential purposes. Land being subdivided for agricultural purposes that will contain dwellings are exempt as long as the balance of the tract over two acres is kept in agricultural use. |
** | Maximum height limitation does not include chimneys, spires, steeples, unoccupied towers, tanks, silos related to farm operations, antenna or other similar projections. |
§ 300-20 Agricultural nuisance disclaimer.
A.
All lands within the Agricultural Zone are located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides, and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that § 4 of Pennsylvania Act 133 of 1982, the Right to Farm Law,[1] may bar them from obtaining a legal judgment against such normal agricultural operations.
[1]
Editor's Note: See 3 P.S. § 954.
B.
From the effective date of this chapter, all subsequent subdivision and land development plans submitted within this zone shall require a note which duplicates this section and which must be transferred to the purchaser by the seller.
§ 300-21 Livestock and poultry limits.
The keeping or raising of livestock and/or poultry on parcels of land less than 10 acres in area shall be limited to the keeping and raising of two head of livestock or 48 fowl per 40,000 square feet of area.
§ 300-22 Buffer and screening requirements.
A.
All nonresidential uses adjacent to a residential zone or use shall comply with § 300-71 of this chapter. This section shall not apply to agriculture.
B.
Agricultural operations involving animal housing facilities with ventilation fans shall provide vegetative planting strips in accordance with the following standards:
(1)
A planting strip shall be installed opposite the ventilation fan(s) and be of sufficient length to minimize the impacts on adjacent residences. At a minimum, the length of the planting strip shall extend an additional 20 feet from the beginning and end of the ventilation fans.
(2)
The planting strip shall be set back from the animal housing facility a distance equal to 10 times the diameter of the ventilation fan, with a minimum setback of 50 feet from side walls and 80 feet from end walls. Where multiple fans are used in one location, the setback distance may be extended five feet for each additional fan but shall not exceed 150 feet.
(3)
Planting strips shall consist of two rows, which may contain a mixture of deciduous and evergreen plants. The first row may include shrubs and grasses. The second row shall consist of at least 50% evergreen trees or shrubs and grow to a minimum of 15 feet tall at maturity. Spacing between plants shall be two feet for grasses, six feet for small shrubs (four feet to 12 feet tall) and 10 feet for large shrubs and trees (greater than 12 feet tall). Spacing between rows shall be 16 feet to 20 feet. Plant species shall have a high tolerance to pollutants. Suggested plant species include:
(a)
Honey locust.
(b)
Nellie Stevens holly.
(c)
American holly.
(d)
Japanese holly.
(e)
Eastern red cedar.
(f)
Norway spruce.
(g)
Hybrid poplar.
(h)
Austree hybrid willow.
(i)
Purpleosier willow.
(j)
Bald cyprus.
(k)
Arborvitae.
(l)
Leyland cyprus.
(m)
Northwind switchgrass.
(n)
Kanlow switchgrass.
(o)
Thundercloud switchgrass.
(p)
Atlantic coastal panicgrass.
(q)
Giant Miscanthus.
(4)
The planting strip shall be maintained in a healthy condition. Any landscaping that dies or is severely damaged shall be replaced by the property owner as soon as is practical, considering growing seasons.[1]
[1]
Editor's Note: Former Subsection B(5), regarding modification of buffer requirements, which immediately followed, was repealed 7-11-2023 by Ord. No. 2023-05.
§ 300-23 Off-street parking.
Off-street parking shall be provided as required by § 300-81 of this chapter.
§ 300-24 Signs.
The placement, type, and size of all signs erected in the A Zoning District shall be regulated by the provisions of § 300-82 of this chapter.
§ 300-25 Landscaping.
All commercial, industrial, and institutional uses shall comply with § 300-74 of this chapter.