Upper Tulpehocken Township
City Zoning Code

To strengthen and preserve strong agricultural activity where farming is a viable component of the local economy.

To protect and stabilize agriculture as an ongoing economic activity by generally permitting only these land uses and activities which are either agricultural in nature or act in direct support thereof.

To protect and stabilize the essential characteristics of these areas, to minimize conflicting land uses detrimental to agriculture enterprises, to limit development which requires highways and other public facilities in excess of those required by agricultural uses and to maintain large contiguous agriculture parcels.

To separate agricultural land use and activities from incompatible residential, commercial and industrial development, and public facilities.

The regulations set forth in this section seek to achieve the protection of land for agricultural purposes which is a legitimate zoning objective under the state planning statutes.

General agricultural uses, subject to § 460-99 of this Part 1.

Intensive agricultural uses, subject to § 460-32 of this Part 1.

Single-family detached dwelling, subject to § 460-33 of this Part 1.

Wildlife sanctuary or similar conservation use.

Nursery/greenhouse, subject to § 460-32E, F, G, L, M and N of this Part 1.

Home occupation, subject to Article XIV, § 460-88 of this Part 1.

Family farm support business subject to § 460-29 of this Part 1.

Mushroom house subject to § 460-32I of this Part 1.

Accessory uses and structures to the above permitted used when on the same lot as the permitted use.

Telecommunication antennas and telecommunication equipment buildings attached to existing structures as provided in § 460-97 of this Part 1.

Forestry, subject to § 460-101.

No-impact home-based business.

Farm-related businesses subject to § 460-30 of this Part 1.

Game preserve.

Vacation farms subject to:

Bed-and-breakfast, subject to:

Accessory uses and structures to the above permitted uses when on the same lot as the permitted use.

For the purposes of this Part 1, family farm support business may involve any one of a wide range of uses, so long as the use is compatible with the primary agricultural use of the land. The applicant must demonstrate that the family farm support business is compatible with the existing rural setting of the Township and will not create nuisances for nearby residences.

The family farm support business must be owned and operated by a person in residence on the property.

Examples of family farm support businesses shall include the following: agricultural equipment repair; welding; small machine repair; painting service; fencing service; sharpening service; livestock grooming; shearing or trimming services; agricultural consulting service; specialized small agricultural equipment and/or parts manufacturing; small-scale feed or fertilizer franchise; butcher shops; blacksmith shops; carriage shop or harness shop, woodworking.

No more than the equivalent of three full-time nonresident employees shall be employed by the family farm support business.

The family farm support business shall occupy an area no greater than a maximum of 4,000 square feet of gross floor area of any structure that is used for said business.

The maximum acreage devoted to a family farm support business (including the structure, parking, storage and driveway, if separate) shall be no more than three contiguous acres.

Where practicable, family farm support business shall be conducted within an existing farm building. However, any new building constructed for use by the farm occupation shall:

It must be shown to the Zoning Officer's satisfaction that adequate space for employee parking, customer parking and turnaround areas for deliveries can be provided for use with existing buildings and conditions. If new areas for parking and turnaround are to be created, they must meet the requirements of § 460-85 of this Part 1 of Chapter 460, Zoning.

Any outdoor storage of supplies, materials or products shall be located 50 feet from property lines. Such outdoor storage shall also be screened from adjoining roads and properties per § 460-81 of this Part 1.

One freestanding sign shall be permitted for a family farm support business. Such signs shall not exceed 15 square feet in total area and shall be regulated as per § 460-83 of this Part 1.

No construction or other improvements required to support a family farm support business other than those in existing farm buildings shall be permitted except pursuant to an approved land development plan.

The Zoning Officer shall review the application for compliance with this Part 1, visit the property, and approve or deny the application for the family farm support business zoning permit.

For the purposes of this Part 1, farm-related businesses may only involve the following types of uses:

The farm-related business shall occupy no more than five acres. The applicant shall justify to the Zoning Hearing Board that the size of the site is the minimum needed to conduct the farm-related business.

Any access drive which serves the farm-related business shall be of a sufficient length to accommodate stacking of delivery and customer vehicles.

Farm-related businesses shall not be permitted within 50 feet of any property line.

Composting and other farm waste storage facilities shall not be permitted within 200 feet of any property line. Additionally, any use permitted under Subsection A of this section may require setbacks of a greater width, as may be determined by the Zoning Hearing Board.

Vegetative screening must be provided when a farm-related business abuts any property used principally for residential purposes. Certain pieces of apparatus used for farm-related businesses, which create noxious dust, odor, light or noise, may require setbacks and vegetative screening, of a greater width or density as may be determined by the Zoning Hearing Board.

Off-street parking, loading areas, and driveways shall be designed in accordance with Article XIV, §§ 460-80, 460-84 and 460-85 of this Part 1.

Any outdoor storage of supplies, materials and products shall be screened from adjoining roads and properties per § 460-81 of this Part 1. The display of mechanized farm equipment for sale shall be excluded from this screening provision.

One freestanding sign shall be permitted for a farm-related business. Such sign shall not exceed 15 square feet in total area and shall be regulated as per § 460-83 of this Part 1.

If in the opinion of the Zoning Hearing Board, a proposed farm-related business presents a fire hazard, emits smoke, dust or other air pollutants, noise, light or glare, or creates a nuisance as a result of the hours of operation, then the Zoning Hearing Board may attach reasonable conditions, as it deems appropriate, to adequately control and/or mitigate the potentially detrimental effects that any such farm-related business may have on the surrounding area.

No construction or other improvements required to support a farm-related business shall be permitted except pursuant to an approved land development plan.

The entire game preserve must be surrounded by a fence of sufficient height to prevent the animals from leaving the game preserve.

The keeping of dangerous animals is prohibited.

The owner/operator of the game preserve must demonstrate, to the satisfaction of the Zoning Hearing Board, that he/she has the training, experience and knowledge necessary to safely handle the animals that will be kept in the game preserve. The owner/operator will show proof to the Zoning Hearing Board that any and all required federal, state, and local licenses and permits have been obtained by him/her.

Unless specifically stipulated within this Part 1, intensive agricultural activities are a permitted use by right within the (EAP) Effective Agricultural Preservation Zoning District. Intensive agricultural activities shall be prohibited in all other zoning districts.

Agricultural activities that exceed the standards and provision specified under § 460-99, General agricultural standards for EAP Zoning District, of this Part 1 shall be construed as intensive agriculture.

For purposes of this Part 1, the raising and ownership of horses, cattle, sheep, goats, poultry, rabbits or similar animals which exceeds two animal units per acre shall be considered intensive agriculture. Also, any swine operation in excess of 1,000 pounds per acre, the production processing or cultivation of mushrooms, and mink farms shall be considered an intensive agriculture activity. Any and all intensive agricultural activities shall be conducted on lands that exceed 25 acres in size. Standard animal weights to calculate animal units are within § 460-100 of this Part 1.

The raising and ownership of horses, cattle, pigs, hogs, sheep, goats, poultry, rabbits or similar animals shall be limited to 2.0 animal units per acre on lands in which the land area is greater than 25 but less than 40 contiguous acres and 5.0 animal units on land area greater than 40 contiguous acres. Any intensive agricultural use that is intending to raise any type of livestock at a ratio exceeding 5.0 animal units per acre on land area greater than 40 contiguous acres shall require prior approval of a special exception by the Upper Tulpehocken Township Zoning Hearing Board before commencing operations. Standard animal weights to calculate animal units are within § 460-100 of this Part 1.

No agricultural building or other accessory outbuilding utilized for any type of intensive agricultural use shall be constructed closer than 200 feet to any residence, or 100 feet from any property line, whichever distance is greater.

The display and sale of farm products shall be permitted provided that at least 50% of the quantity of products for sale have been produced on the property on which they are offered for sale. The sale of farm products shall be conducted in a farm stand which shall not exceed 1,000 square feet or 12 feet in building height and which shall not be located closer than 30 feet from the applicable street right-of-way. In addition, all off-street parking and access driveways shall be designed in accordance with Article XIV, §§ 460-80D and 460-85, of this Part 1. The farm stand parking area and driveway will require a Township zoning permit and/or driveway permit (and/or PennDOT permits if adjacent to a state road) and any other permits required by county, state, or federal entities.

Signs displaying information for the sale of farm products in farm stands are limited to one free standing sign which shall not exceed 15 square feet in total area and which shall be regulated as per § 460-83 of this Part 1.

All areas utilized for grazing purposes shall be completely fenced in.

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:

Piggeries and mink farms shall be construed as an intensive agricultural activity.

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. A copy of approved nutrient management plan shall be submitted to the Township.

A stormwater management plan shall be prepared pursuant to § 400-25 of Chapter 400, Part 1, Upper Tulpehocken Subdivision and Land Development Regulations, and any other stormwater management ordinances adopted by the Township and shall be approved by the Township Engineer for all proposed intensive agricultural uses.

No construction or other improvements required to support intensive agricultural activities shall be permitted except pursuant to an approved land development plan.

An erosion and sedimentation pollution control plan shall be prepared for and approved by the Berks County Conservation District for all proposed intensive agricultural uses. A copy of approved erosion and sedimentation pollution control plan shall be submitted to the Township.

A conservation plan shall be approved by the Conservation District for all proposed intensive agricultural uses. The approved conservation plan shall be submitted to the Township.

A landscaping plan shall be prepared for and approved by the Township pursuant to § 460-81 of this Part 1 for all proposed intensive agricultural uses.

Solid and liquid wastes shall be disposed of in a manner that will avoid creating insect or rodent problems and will be consistent with the nutrient management plan.

No discharges of liquid wastes and/or sewage shall be permitted into a reservoir, sanitary, sewage 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.

Any and all intensive agricultural uses and activities shall be reviewed and/or permitted by Upper Tulpehocken 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.

A fly and odor abatement plan shall be developed and submitted to the Township for review and approval. The Township will forward a copy to the Penn State co-op extension or an equivalent agency for its review and comments. Recognition will be given that certain agricultural activities will produce odors, but the applicant shall show that odors can be reduced to a minimum or abated. The plan of the applicant shall show that such steps as may be necessary to abate odors or to allow odors at time that there would be minimal interference with neighbors will be taken.

Animal manure storage facilities planning, design, construction, and operation shall be in accordance with PA DEP approved manure management practices as described in the publication entitled "Manure Management for Environmental Protection" and addenda or amendments thereto prepared by PADEP; "The Pennsylvania Technical Guide" and addenda or amendments thereto; Pennsylvania Code, Title 25, Chapter 83, Section 83.351, Minimum Standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities, when applicable; and Pennsylvania Code, Title 25, Chapter 91, Section 91.36, Pollution control and prevention at agricultural operations.

Subdivision of land within the EAP District is allowed to create a(n):

Land development of land within the EAP District is allowed if a lot sought to be developed has at least one EAP Development Unit. One EAP Development Unit allows one principal building on the lot. Whether a lot has one or more EAP Development Units is calculated by using the instructions and chart below, and then subtracting therefrom each pre-existing subdivision and/or land development as described in § 460-33(C). To properly apply the left column of the chart below, take the lot sought to be developed and determine its acreage prior to May 1, 1998 that would have fallen within the current EAP District.

Each pre-existing subdivision or land development of an EAP Parent Tract as enumerated below shall count against the total amount of EAP Development Units allocated to the EAP Parent Tract (which includes the lot sought to be developed):

Each pre-existing subdivision or land development of an EAP Parent Tract as enumerated below shall not count against the total amount of EAP Development Units allocated to the EAP Parent Tract (which includes the lot sought to be developed):

Any lot subdivided from or annexed to another, regardless of whether it is an EAP Parent Tract, shall not result in any additional EAP Development Units. This is because the acreage of any EAP Parent Tract is evaluated prior to May 1, 1998.

Any subdivision plan hereafter filed with the Township shall specify which lot or lots shall carry with it a right of further subdivision and/or erection of Single-Family Detached Dwellings, if any such right remains from the EAP Development Units allocated to the EAP Parent Tract. The right of further subdivision or erection of Single-Family Detached Dwellings and/or an indication that no further subdivision or erection of Single-Family Detached Dwellings, if any, is permissible shall also be included in the legal description of the deed of the newly created lot or lots, as well as in the legal description of the deed of the EAP Parent Tract from which the subdivision was created.

Single-Family Detached Dwelling development shall make a reasonable effort to follow these guidelines:

General Agricultural and Intensive Agricultural land development activity shall be permitted within the Effective Agricultural Preservation (EAP) Zoning District, subject to the limitations and controls specified under this section and § 460-99 of this Part 1. Unless otherwise specified within this Part 1, no other land use or activity shall be permitted within the EAP Zoning District.

A subdivision plan involving any lot in the EAP District shall specify thereon the EAP Development Units currently allocated to the EAP Parent Tract, and those to be allocated to any lot(s) created from the subdivision or resubdivision, if any remain. Any subdivision plans filed with the Township shall include a conspicuous "Agricultural Use Notification" as follows: "All lands within the EAP Zoning District of Upper Tulpehocken Township are located in an area where land is, or may be, used for 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, including but 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, soils amendments, herbicides and pesticides. Owners, occupants and users 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 Pennsylvania Right-to-Farm Law (PA Act 133 of 1982)[1] may bar them from obtaining a legal judgment against persons, farms, or corporations which are performing such normal agricultural operations."

Section 460-74, Prohibited uses.

Section 460-75, Access to structures.

Section 460-76, Erection of more than one principal structure on a lot.

Section 460-77, Storage of explosives.

Section 460-78, Accessory buildings, structures and uses; residential.

Section 460-81, Landscaping.

Section 460-82, Lighting.

Section 460-83, Signs.

Section 460-85, Off-street parking.

Section 460-86, Private residential driveways.

Section 460-87, Front yard exceptions.

Section 460-88, Home occupations regulations.

Section 460-89, Fences.

Section 460-90, Corner lot restrictions.

Section 460-91, Projections into yards.

Section 460-92, Floodway controls.

Section 460-93, Conduct of agricultural activities.

Section 460-94, Slope controls.

Section 460-95, Accessory building setback exceptions.

Section 460-97, Telecommunications facilities.

Section 460-99, General agricultural standards for EAP District.