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Washington Township
City Zoning Code

ARTICLE IV

A Agricultural District

§ 131-12 Purpose.

This district has been established and the regulations of this article enacted in support of the following purposes:
A. 
To encourage the continued farm use of prime agricultural soils and active farms.
B. 
To support the landowners participating in the agricultural security area(s) created in the Township under the Agricultural Area Security Law (Act 43 of 1981)[1] and to encourage greater participation in these areas.[2]
[1]
Editor's Note: See 3 P.S. § 901 et seq.
[2]
Editor's Note: See Ch. 29, Agricultural Security Areas.
C. 
To limit the loss of prime agricultural soils to nonagricultural uses while allowing a limited amount of development by implementing development regulations which utilize a sliding scale rather than a fixed scale.
D. 
To provide farm owners with an alternative to the conversion of agricultural lands to nonagricultural use by accommodating the transfer of development rights.
E. 
To minimize any negative financial impact of sliding-scale zoning regulations by calculating the development rights which may be sold from properties in this district according to a conventional, fixed-scale formula.
F. 
To protect farm operators from physical intrusions and nuisance complaints which may inhibit efficient farm operation.
G. 
To accommodate nonfarm uses of land in a manner that will complement the agricultural purpose of the district.

§ 131-13 Prime agricultural soils and prime farmland.

Throughout this article, frequent reference is made to "prime agricultural soils" and "prime farmland." For the purposes of this chapter in general and this article in particular, these terms shall be synonymous and shall be interpreted as being those areas whose natural soil cover is a soil type identified by the Berks County Soil Conservation District as "prime farmland." A roster of these soil types is found in Appendix A of this chapter.[1] An area need not be in agricultural use in order to be considered prime farmland and regulated according to the terms of this article.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.

§ 131-14 Permitted uses.

Structures may be erected, altered or used and a lot or premises may be used for any of the following purposes and no other:
A. 
Uses by right. Uses by right shall be as follows:
(1) 
Agriculture, subject to the further regulation of § 131-72, including structures and uses accessory to farm operations to the extent which they support the agricultural function of the property, including barns, silos, bulk bins, roadside stands for the sale of goods grown or otherwise produced on the property and similar uses and structures related to farm operation.
(2) 
Woodlands, game preserves, nature preserves, areas for passive recreation and similar uses related to conservation.[1]
[1]
Editor's Note: Former Subsection A(3), regarding sale of development rights, which subsection immediately followed this subsection, was repealed 3-25-2004 by Ord. No. 2004-1. Said ordinance also provided for the redesignation of former Subsection A(4), (5), (6) and (7) as Subsection A(3), (4), (5) and (6), respectively.
(3) 
Single-family detached dwellings on lots with less than 1.50 acres of prime agricultural soils.
(4) 
Facilities or structures owned or operated by the Township, a duly created authority of the Township or the county, state or federal government for the benefit of the general public.
(5) 
Uses customarily accessory to the above uses, including but not necessarily limited to private garages and parking areas; signs in conformance with § 131-78; accessory uses set forth and in conformance with § 131-70; and such other accessory uses as may be further regulated by this chapter or other regulations of the Township.
[Amended 8-26-2010 by Ord. No. 2010-01]
(6) 
Communications antennas mounted on an existing public utility transmission tower and communications equipment buildings.
[Added 7-9-1998 by Ord. No. 1998-6]
B. 
Uses by condition. The following uses shall be permitted solely upon the granting of a conditional use by the Board of Supervisors in accordance with § 131-100 of this chapter:
(1) 
Public or private outdoor recreation areas and facilities, such as parks, playgrounds, picnic grounds, swimming clubs, camps, golf courses and country clubs; provided, however, that the foregoing uses may not be used in combination with the alternatives for development set forth in § 131-15 hereof. Further provided, that vehicular race tracks, amusement parks, driving ranges and miniature golf courses are specifically excluded.
[Amended 8-25-1994 by Ord. No. 1994-10]
(2) 
The conversion of farm structures to alternate uses in accordance with § 131-75 of this chapter.

§ 131-15 Alternatives for development.

[Amended 8-25-1994 by Ord. No. 1994-10; 3-25-2004 by Ord. No. 2004-1]
In the interest of preserving prime agricultural soils from nonfarm development and/or encouraging agricultural activity in the Township, a variety of alternatives for land development are hereby established for this district.
A. 
Alternatives for development. The following alternatives for development of land are hereby provided for in this district.
(1) 
Agricultural lots. Detailed regulations for this alternative are found in Subsection C. These regulations address the creation of new farm tracts and the transfer of property between owners of adjoining tracts.
(2) 
Creation of new residential lots and existing lots of record. Detailed regulations for this alternative are in Subsection D. These regulations control the number of residential lots permitted upon a tract. This number varies depending upon the size of the tract being divided or the size of the existing lot, whichever is applicable. Maximum lot size for new residential lots is determined by the presence of prime agricultural soils.[1]
[1]
Editor's Note: Former Subsection A(3), regarding transfer of development rights, was repealed 3-25-2004 by Ord. No. 2004-1. Said ordinance also provided for the redesignation of former Subsection A(4) and (5) as Subsection A(3) and (4), respectively.
(3) 
Creation of lots for other uses. Detailed regulations for this alternative are in Subsection F. In the interest of minimizing the permanent loss of prime farmland, no minimum lot size is established, only yard (setback) requirements and structure separation distances. Lots with more than 1.50 acres of prime farmland which will not be farmed or used for permanent open space shall not be created.
(4) 
Combining options. Landowners may utilize a combination of these options.
B. 
Siting of dwellings and residential accessory structures. The following regulations shall apply regardless of the development option chosen.
(1) 
No new dwelling or residential accessory structure shall be located within 100 feet of any farm structure used for the housing of farm animals.
(2) 
The absorption area of an on-site sewage disposal system shall be located at least 100 feet from any farm well.
C. 
Agricultural lots.
(1) 
Creation of new independent farms.
(a) 
For the purposes of this section, an "independent farm" shall be interpreted as a tract of land supporting agricultural activity or activities, including residential and nonresidential structures and uses customarily accessory to such activity.
(b) 
Area and bulk regulations shall be as follows:
[1] 
Minimum lot area: 10 acres.
[2] 
Minimum lot width: 200 feet.
[3] 
Minimum yard setback:
[a] 
Front yard: 25 feet.
[b] 
Side yard (each side): 25 feet.
[c] 
Rear yard: 25 feet.
[4] 
Maximum area of building coverage: 5%.
[5] 
Maximum area of impervious surface: 10%.
[6] 
Maximum building height: 45 feet.
(2) 
Creation of other agricultural lots. Minimum lot areas specified in Subsection C(1) above shall not apply to lot line adjustments where the purpose of the subdivision is to combine the property being subdivided with an adjacent tract.[2]
[2]
Editor's Note: Former Subsection C(3), regarding utilization of transferable development rights, which subsection immediately followed this subsection, was repealed 3-25-2004 by Ord. No. 2004-1.
D. 
Creation of new residential lots and existing lots of record. New lots for residential use and existing lots of record shall be subject to the following regulations:
(1) 
Determining number of permitted residential lots.
(a) 
In order to preserve the agricultural function of existing farms, to minimize intrusions by new nonfarm development and to minimize the loss of prime agricultural soils to nonfarm use, residential development shall be in accordance with the following sliding scale rather than a conventional fixed scale:
Size of Tract
(acres)
Total Number of
Permitted Dwellings
Less than 6.00
1
6.00 to 15.00
2
15.01 to 45.00
3
45.01 to 90.00
4
90.01 to 175.00
5
For each 100 acres over 175 acres, one additional dwelling shall be permitted.
(b) 
The total number of permitted dwellings noted above shall include:
[1] 
All dwellings which existed on the tract as of the effective date of this chapter, excluding dwellings which have been removed or destroyed since such date.
[2] 
All dwelling units erected upon the tract without subdivision since the effective date of this chapter, including accessory apartments and residential conversion of previously nonresidential structures.
[3] 
All residential lots previously created (i.e., for which final plan approval was granted) under the provisions of this Subsection D, regardless of whether or not any dwellings were subsequently constructed thereon.
(2) 
Area and bulk regulations for lots with on-site water supply or on-site sewage disposal shall be as follows:
(a) 
Minimum lot area: 1.0 acre.
(b) 
Minimum lot width: 150 feet.
(c) 
Minimum yard setback:
[1] 
Front yard: 40 feet.
[2] 
Minimum side yard (each side): 30 feet.
[3] 
Minimum rear yard: 50 feet.
(d) 
Maximum building coverage: 10%.
(e) 
Maximum percentage of impervious surface: 20%.
(f) 
Maximum building height: 30 feet.
(3) 
Area and bulk regulations for lots with off-site water supply and off-site sewage disposal shall be as follows:
(a) 
Minimum lot area: Residential lots shall cover the smallest possible area which will safely accommodate such use (i.e., where on-site sewage disposal is to be provided, the separation distances from wells must be in compliance with state regulations) and be in compliance with the requirements shown here.
(b) 
Minimum lot width: 75 feet.
(c) 
Minimum yard setback:
[1] 
Front yard: 40 feet.
[2] 
Side yard (each side): 20 feet.
[3] 
Rear yard: 40 feet.
(d) 
Minimum distance between structures: 30 feet.
(e) 
Maximum building coverage:
[1] 
Lots of 1.00 acre and less: 30%.
[2] 
Lots larger than 1.00 acre: 10%.
(f) 
Maximum area of impervious surface:
[1] 
Lots of 1.00 acre and less: 50%.
[2] 
Lots larger than 1.00 acre: 20%.
(g) 
Maximum building height: 30 feet.
(4) 
Design and arrangement of lots. Lots shall be designed and arranged such that construction activity and subsequent residential use will occupy as little prime agricultural soil as possible. No residential lot with more than 1.5 acres of prime agricultural soils will be approved.[3]
[3]
Editor's Note: Former Subsection D(5), regarding a reduction in the number of transferable development rights, which subsection immediately followed this subsection, was repealed 3-25-2004 by Ord. No. 2004-1. Said ordinance also provided for the redesignation of Subsection D(6) as D(5).
(5) 
Residential lots created under the provisions of this Subsection D shall not be further subdivided to create additional residential lots.[4]
[4]
Editor's Note: Former Subsection E, regarding transfer of development rights, which subsection immediately followed this subsection, was repealed 3-25-2004 by Ord. No. 2004-1. Said ordinance also provided for the redesignation of Subsection F as Subsection E.
E. 
Creation of lots for other uses. Lots to accommodate other uses (i.e., other than those related to agriculture or residential use) permitted in this district by right, by condition or by variance shall be created in conformance with the following regulations.
(1) 
The lot shall be located and designed to support the purposes of this district, as described in § 131-12 hereinabove.
(2) 
No lot shall contain more than 1.50 acres of prime agricultural soils.
(3) 
Area and bulk regulations shall be as follows:
(a) 
Minimum lot area: Lots for uses other than agriculture, recreation or permanent open space shall cover the smallest possible area which will safely accommodate the proposed use and be in compliance with the requirements shown here.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum yard setback:
[1] 
Front yard: 40 feet.
[2] 
Side yard (each side): 25 feet.
[3] 
Rear yard: 40 feet.
(d) 
Minimum distance between structures: 30 feet.
(e) 
Maximum building coverage:
[1] 
Lots of 1.00 acre and less: 30%.
[2] 
Lots larger than 1.00 acre: 10%.
(f) 
Maximum area of impervious surface:
[1] 
Lots of 1.00 acre and less: 50%.
[2] 
Lots larger than 1.00 acre: 20%.
(g) 
Maximum building height: 30 feet.[5]
[5]
Editor's Note: Former Subsection G, regarding combining options, which subsection immediately followed this subsection, was repealed 3-25-2004 by Ord. No. 2004-1.