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Tilden Township City Zoning Code

ARTICLE XV

A-2 Intensive Agriculture District

§ 500-54 Purpose and intent.

The purpose of the Intensive Agricultural District is to provide land to be utilized for intensive type agricultural purposes. The district is composed of areas used predominantly for intensive agricultural activities allowing for more concentrated agricultural use.

§ 500-55 Use regulations.

[Amended 11-6-2004 by Ord. No. 152; 7-11-2009 by Ord. No. 195]
A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
A. 
Single-family detached dwelling, provided that such use is related to the intensive agricultural use and shall not be subdivided from the parent tract.
B. 
Intensive agriculture, general agriculture, and processing of farm products in accordance with § 500-79C, provided that any building used for keeping or raising livestock or poultry shall be situated not less than 100 feet from any street line, proposed street line or dwelling other than the owner's dwelling and not less than 50 feet from any other property line.
C. 
Roadside stand for the sale of farm or nursery products, 75% of which are produced on the property where offered for sale, provided:
(1) 
Any stand shall be situated not less than 15 feet from any street line or proposed street line;
(2) 
That any such stand shall be removed or kept in good condition during seasons when products are not being offered for sale; and
(3) 
That sufficient off-street space be provided to allow for parking and maneuvering vehicles without the need to back vehicles onto a street or road.
D. 
Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses.
E. 
Home occupations as defined, when conducted in accordance with the provisions of § 500-73.
F. 
Telephone office or utility substation when authorized as a special exception.
G. 
Forestry as a use permitted by right.
H. 
No-impact home-based business as a use permitted by right.
I. 
Kennel.
J. 
Accessory solar energy systems as a use permitted by right in accordance with § 500-113.
[Added 8-9-2023 by Ord. No. 252]

§ 500-56 Area regulations.

A. 
Lot area and width. A lot area of not less than 25 acres, with a width of not less than 175 feet at the building line, shall be provided for each dwelling and for every principal use or building permitted in this district, in the event multiple principal uses are permitted upon a lot, each such use shall require at least 25 acres.
B. 
Building area. Not more than 10% of the area of any lot shall be occupied buildings.
C. 
Front yard. There shall be a front yard along each street or proposed street on which a lot abuts which shall have a depth of not less than 60 feet.
D. 
Side yards. There shall be two side yards on each lot neither of which shall be less than 40 feet in width with an aggregate of 90 feet.
E. 
Rear yard. There shall be a rear yard on each lot which shall be not less than 50 feet in depth.
F. 
Height regulations. The height of any building shall not exceed 50 feet in the case of agricultural buildings, 80 feet for silos and 35 feet for any other building.
G. 
Additional setback requirement. All intensive agricultural uses shall be located not less than 300 feet from the boundary of any other non-agricultural zoning district or 500 feet from any residential dwelling, unless permitted within the scope of the nutrient management plan.

§ 500-57 Intensive agricultural standards.

A. 
Unless specifically stipulated within this chapter, intensive agricultural activities are a permitted use by right within the A-2 Intensive Agriculture District. Intensive agricultural activities shall be prohibited in all other zoning districts.
B. 
All of the regulations and restrictions of § 500-79 of this chapter apply to agricultural activities within the A-2 Intensive Agriculture District except as noted below.
C. 
Large and small domestic animal operations as described in § 500-79 of this chapter are permitted in accordance with the following table:
No. of Acres
Animal Units Per Acre*
(1 Animal Unit = 1,000 lbs)
More than 1 but less than and up to and including 25
2.0 (2,000 lbs/acre)
More than 25
4.0 (4,000 lbs/acre)
D. 
Any combination of large and small domestic animal operations per permitted use, but in no instance shall any combination exceed the animal units/acre in the chart in Subsection C above (example: a tract of five acres can have a combination of large and/or small animals which does not exceed 10,000 pounds which is equal to five (acres) by 2,000 (pounds) = 10,000 pounds
*The animal/units as stated above are permitted only if all other criteria of this section are met.
E. 
Any concentration of swine equal to or greater than 1,000 lbs/acre shall be considered an intensive agricultural use and shall be limited to those lands of 25 acres or more and is subject to Article XV of this chapter.
F. 
All areas utilized for grazing purposes shall be completely fenced in.
(1) 
The fence setback requirements of § 500-79E(2) and F(2) do not apply to the general agricultural standards in the A-2 District.
G. 
The production, processing or cultivation of mushrooms shall be construed as an intensive agricultural activity and will be considered a use permitted by right subject to the following:
(1) 
Mushroom houses and complexes will be allowed as a use by right up to 50,000 square feet total gross building space for growing. Any use including more than 50,000 square feet of mushroom house space will be permitted only by special exception.
(2) 
Mushroom houses as allowed in Subsection G(1) above will be operated under the guidelines as set forth in "Best Practices for Environmental Protection in the Mushroom Farm Community," draft of December 1996, as may be amended, revised or adopted, which is incorporated herein by reference thereto.
(3) 
Mushroom industry housing for workers will not be allowed except permitted as a single-family residence as regulated by this chapter.
H. 
Piggeries and mink farms shall be construed as an intensive agricultural activity.
I. 
A nutrient management plan shall be prepared and approved under the guidelines of Title 25, Chapter 83, Subchapter D, Pennsylvania Code, for all proposed intensive agricultural uses, for all operations exceeding 2AEU, or as required by the Pennsylvania Nutrient Management Act. A copy of the approved nutrient management plan shall be submitted to the Township.
J. 
A stormwater management plan shall be prepared pursuant to Chapter 450, Subdivision and Land Development, of the Code of the Township of Tilden and approved by the Township Engineer for all proposed intensive agricultural uses.
K. 
No construction or other improvements required to support intensive agricultural activities shall be permitted except pursuant to an approved land development plan.
L. 
An erosion and sediment pollution control plan shall be prepared for and approved by the Berks County Conservation District for all proposed intensive agricultural uses. A copy of the approved erosion and sediment pollution control plan shall be submitted to the Township.
M. 
A conservation plan shall be prepared and approved by the Berks County Conservation District for all proposed intensive agricultural uses. The approved conservation plan shall be submitted to the Township.
N. 
A landscaping and buffer yard plan shall be prepared for and approved by the Township pursuant to § 500-70 of this chapter and such rules and regulations as may be adopted for all proposed intensive agricultural uses.
O. 
Solid and liquid wastes, including ,but not limited to, offal, shall be disposed of in a manner that will avoid creating insect or rodent problems and will be consistent with the nutrient management plan.
P. 
Persons engaged in intensive agriculture shall prepare an odor abatement plan which shall be reviewed by the Penn State Extension Service of Berks County and approved by the Township Supervisors.
Q. 
No discharges of liquid wastes and/or sewage, including, but not limited to, offal shall be permitted into a reservoir, sanitary sewer or storm sewer disposal system, holding pond, stream or open body of water, or into the ground unless the discharges are in compliance with any permits approved by the applicable local, state and/or federal regulatory agencies.
R. 
Any and all intensive agricultural uses and activities shall be reviewed and/or permitted by the Township, the Berks County Conservation District, the Berks County Cooperative Extension, and any and all applicable federal and state regulatory agencies prior to the commencement of any activities associated with said use.