Upper Tulpehocken Township
City Zoning Code
City Zoning Code
ARTICLE VI
EAP Effective Agricultural Preservation Zoning District
§ 460-24 Specific intent.
The purposes of the Effective Agricultural Preservation Zoning District are:
A.
To strengthen and preserve strong agricultural activity where farming is a viable component of the local economy.
B.
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.
C.
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.
D.
To separate agricultural land use and activities from incompatible residential, commercial and industrial development, and public facilities.
E.
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.
§ 460-25 Uses permitted by right.
[Amended 4-11-2017 by Ord. No. 7-2017; 9-10-2019 by Ord. No. 3-2019; 2-11-2025 by Ord. No. 1-2025]
The following, as a principal use, their accessory uses and no other, are permitted in the Effective Agricultural Preservation Zoning District, provided that the use, type, dimensional and all other applicable requirements of this Part 1 are satisfied.
§ 460-26 Uses permitted by special exception.
The following, as a principal use, their accessory uses and no other, are permitted in the Effective Agricultural Preservation District when a special exception is granted by the Zoning Hearing Board subject to and in accordance with Article XVII, § 460-121C of this Part 1.
B.
Game preserve.
C.
Vacation farms subject to:
(2)
No intensive agricultural activities shall be permitted.
(3)
All grazing and pasture areas shall be completely enclosed by a fence when in use.
(4)
No spent mushroom compost areas, manure storage areas and/or slaughter areas shall be established.
(5)
The minimum size of a vacation farm shall be five acres.
(6)
No farm buildings housing livestock shall be erected within 100 feet of a lot line.
(7)
A maximum of six rental units shall be provided; no more than three adults may occupy one rental unit; and no more than 12 guests total may occupy the facility at one point in time.
(8)
One off-street parking space shall be provided for each rental unit. The off-street parking spaces for the vacation farm shall be located either to the rear of the principal building or screened from the street and abutting dwellings by landscaping.
(9)
There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single nonilluminated sign with a maximum sign area of four square feet on each of two sides and with a maximum height of eight feet. The sign shall be no closer than 20 feet from any side lot line. The sign shall require a zoning permit.
(10)
The vacation farm shall have an agricultural appearance and character.
(11)
The vacation farm shall be operated by permanent residents of the property.
(12)
There shall not be separate cooking facilities in any guest room.
(13)
Food shall only be served to guests who are staying overnight, unless a restaurant has also been permitted by the Zoning Hearing Board.
(14)
No guest shall stay for more than seven days in any month.
(15)
No retail sales are permitted.
(16)
No sales of alcohol are permitted.
(17)
The Township Sewage Enforcement Officer must confirm if the sewage facilities are adequate for the number of rental units utilized. This confirmation must accompany the application to the Zoning Hearing Board.
(18)
The Township Road Master and the Township Engineer must confirm if the access drive(s) are adequate for safe ingress and egress for the anticipated volume of traffic for the proposed use. A Township driveway permit (or PennDOT HOP permit, if applicable) needs to accompany the application to the Zoning Hearing Board.
(19)
The Township Road Master and Township Engineer must confirm if the applicant will be required to address stormwater issues prior to the issuance of any driveway, zoning and/or building permits.
D.
Bed-and-breakfast, subject to:
(1)
A maximum of six rental units shall be provided, no more than three adults may occupy one rental unit and no more than 12 guests total may occupy the facility at one point in time.
(2)
One off-street parking space shall be provided for each rental unit. The off-street parking spaces for the bed-and-breakfast shall be located either to the rear of the principal building or screened from the street and abutting dwellings by landscaping.
(3)
There shall not be any signs, show windows or any type of display or advertising visible from outside the premises, except for a single nonilluminated sign with a maximum sign area of four square feet on each of two sides and with a maximum height of eight feet. The sign shall be no closer than 20 feet to any side lot line. The sign shall require a zoning permit.
(4)
The bed-and-breakfast shall have a residential appearance and character.
(5)
The bed-and-breakfast shall be operated by permanent residents of the lot.
(6)
There shall not be separate cooking facilities in any guest room.
(7)
Food shall only be served to guests who are staying overnight.
(8)
No guest shall stay for more than 14 days in any month.
(9)
No retail sales are permitted.
(10)
No sales of alcohol are permitted.
(11)
The Township Sewage Enforcement Officer must confirm if the sewage facilities are adequate for the number of rental units utilized. This confirmation must accompany the application to the Zoning Hearing Board.
(12)
The Township Road Master and the Township Engineer must confirm if the access drive(s) are adequate for safe ingress and egress for the anticipated volume of traffic for the proposed use. A Township driveway permit (or PennDOT HOP permit, if applicable) needs to accompany the application to the Zoning Hearing Board.
(13)
The Township Road Master and Township Engineer must confirm if the applicant will be required to address stormwater issues prior to the issuance of any driveway, zoning and/or building permits.
E.
Accessory uses and structures to the above permitted uses when on the same lot as the permitted use.
§ 460-27 Area, yard and height regulations.
[Amended 2-11-2025 by Ord. No. 1-2025]
The minimum and maximum dimensional requirements set forth in the chart, as attached hereto and incorporated by reference herein as Attachment 1,[1] shall apply to any lot in the Effective Agricultural Preservation Zoning District, unless specifically provided otherwise in this Part 1. Annexation Parcels and EAP Agricultural Annexation Parcels are not subject to this section if they are being annexed to another lot for any purpose permitted by this Zoning Ordinance.
[1]
Editor's Note: The EAP Effective Agricultural Preservation Zoning District: Area, Yard, Height and Other Dimensional Regulations are included as an attachment to this chapter.
§ 460-28 Additional special setback requirements for new intensive agricultural uses.
The following special setback requirements shall apply to areas where residential and EAP zones are in proximity of each other: Any intensive agricultural uses not actually established and in operation prior to May 1, 1998, must be located at least 300 feet from the boundary of any residential zoning district.
§ 460-29 Family farm support business regulations.
The Township recognizes the need to establish regulations pertaining to home-based occupations as a result of the increased need for the diversity of income for farmers to help offset the rising cost of living. Such regulations must be developed in a manner which protects adjacent agricultural uses from adverse effects. Since home-based occupations in sparsely populated areas do not typically represent a significant threat to adjacent property owners, the Township has created regulations for family farm support businesses in order to promote and preserve family farms within the Township. Within the (EAP) Effective Agricultural Preservation District, a family farm support business farm occupation is permitted as a use by right, subject to the following standards:
A.
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.
B.
The family farm support business must be owned and operated by a person in residence on the property.
C.
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.
D.
No more than the equivalent of three full-time nonresident employees shall be employed by the family farm support business.
E.
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.
F.
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.
G.
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:
H.
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.
K.
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.
§ 460-30 Farm-related businesses.
Within the (EAP) Effective Agricultural Preservation District, farm-related businesses may be permitted by special exception. All activities and services should be directed at meeting the needs of those engaged in local farming. "Local farming" is considered to include customers whose primary farming activity is conducted within 25 miles of the location of the proposed farm-related business. The proposed farm-related business should be directed at providing materials and services necessary to local farming and the processing and distribution of goods produced on said farms. Therefore, the applicant must provide evidence to the Zoning Hearing Board that the proposed farm-related business is important to local farming and is specifically sized to serve primarily local users. Additionally, farm-related businesses are subject to the following standards:
A.
For the purposes of this Part 1, farm-related businesses may only involve the following types of uses:
(1)
Facilities for the manufacturing, warehousing, sales, repair and service of agricultural equipment, vehicles (including carriages and buggies) or supplies;
(2)
Blacksmith shops, farrier, harness making;
(3)
Butcher shops;
(4)
Grain mills;
(5)
Facilities devoted to the processing of locally produced agricultural products;
(6)
Veterinary offices or clinics which serve primarily local farm animals;
(7)
Feed supply, fuel and fertilizer distributors;
(8)
Other uses similar in character to those listed above.
B.
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.
C.
Any access drive which serves the farm-related business shall be of a sufficient length to accommodate stacking of delivery and customer vehicles.
D.
Farm-related businesses shall not be permitted within 50 feet of any property line.
E.
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.
F.
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.
J.
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.
K.
No construction or other improvements required to support a farm-related business shall be permitted except pursuant to an approved land development plan.
§ 460-31 Game preserves.
Within the (EAP) Agricultural Preservation District, game preserves may be permitted by special exception. All activities and services should be directed at the protection, care and feeding of the animals on the preserve and to ensure that the animals from the preserve do not interfere with the health and welfare of the Township and neighboring residents or their property. Additionally, games preserves are subject to the following standards:
A.
The entire game preserve must be surrounded by a fence of sufficient height to prevent the animals from leaving the game preserve.
B.
The keeping of dangerous animals is prohibited.
C.
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.
§ 460-32 Intensive agricultural standards.
A.
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.
C.
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.
D.
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.
E.
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.
F.
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.
H.
All areas utilized for grazing purposes shall be completely fenced in.
I.
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 100,000 square feet total gross building space for growing. Any use including more than 100,000 square feet of mushroom home space will be permitted only by special exception.
(2)
Mushroom houses as allowed in Subsection I(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.
J.
Piggeries and mink farms shall be construed as an intensive agricultural activity.
K.
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.
L.
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.
M.
No construction or other improvements required to support intensive agricultural activities shall be permitted except pursuant to an approved land development plan.
N.
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.
O.
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.
Q.
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.
R.
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.
S.
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.
T.
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.
U.
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.
§ 460-33 Subdivision and land development permitted within EAP Zoning District.
[Amended 2-11-2025 by Ord. No. 1-2025]
Subdivision and land development is permitted in the Effective Agricultural Preservation Zoning District (EAP) but limited by the following regulations.
B.
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.
Portion of EAP Parent Tract Contained within the EAP District (acres) | EAP Development Units Allocated to the Portion of EAP Parent Tract Contained within the EAP District |
|---|---|
≥ 2 to < 10 | 1 |
≥ 10 to < 30 | 2 |
≥ 30 to < 49 | 3 |
≥ 49 to < 99 | 4 |
≥ 99 to < 149 | 5 |
≥ 149 to < 199 | 6 |
≥ 199 to < 299 | 7 |
≥ 299 to < 399 | 8 |
≥ 399 to < 499 | 9 |
≥ 499 or more | 10 |
C.
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):
(1)
Any Single-Family Detached Dwelling put in its own EAP SFD Lot after May 1, 1998;
(2)
Any Single-Family Detached Dwellings erected on any EAP Parent Tract that already has any existing Single-Family Dwelling erected upon it;
(3)
Any EAP Agricultural Lot;
(4)
Any EAP SFD Lot created from an EAP Parent Tract;
(5)
Any Annexation Parcel;
(6)
Any Single-Family Detached Dwelling permitted by relief granted from the Zoning Hearing Board;
D.
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):
E.
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.
F.
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.
G.
Single-Family Detached Dwelling development shall make a reasonable effort to follow these guidelines:
(1)
Any EAP SFD Lot or a Single-Family Detached Dwelling located on an EAP Agricultural Lot should be located on the least productive area(s) of the EAP Parent Tract or EAP Agriculture Lot.
(2)
Any proposed EAP SFD Lot should be clustered or grouped in such a manner as to preserve the greatest extent of productive and valuable farm land as possible on the EAP Parent Tract or any EAP Agricultural Lots. If clustering or grouping is done so that productive and valuable farm land is preserved by a greater extent, then such clustering or grouping may be done by transferring EAP SFD lots to one EAP Parent Tract from one or more donor EAP Parent Tracts. A plan must be filed, approved, and recorded, and a deed shall be recorded to establish the reduced number of SFD Lots remaining to the donor EAP Parent Tracts.
(3)
Wherever transfer of an EAP SFD Lot is done to cluster lots as per Subsection G(2) above, the following additional provisions shall apply:
(a)
Clustered lots shall be contiguous to the extent feasible;
(b)
Clustered lots shall be buffered from adjacent farm land by requiring the yards of those lots which abut farmland to increase rear yards to 125 feet minimum and side yards to 75 feet minimum; and
(c)
In addition, the special yards noted above shall include a planted strip of trees or other screening buffer from farm land as deemed adequate by the Township Supervisors.
H.
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.
I.
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."
[1]
Editor's Note: See 3 P.S. § 951 et seq.
§ 460-34 Conduct of agricultural activities.
Agricultural activities permitted to be conducted within the Township by this Part 1 may be conducted even though those activities may create an annoyance or inconvenience to neighboring residential uses due to sights, sounds, smells or other conditions resulting from the agricultural activities, provided that the agricultural activities are conducted in accordance with any and all the requirements of the Township and the state and are not conducted in a manner which creates a definite danger to the health or safety of neighboring uses.