West Caln Township City Zoning Code
ARTICLE IV
AP - Agricultural Preservation District
§ 350-400 Purpose.
Purpose. In addition to the purpose in § 350-101 and the Community Development Objectives in § 350-102 of this chapter, the purpose of this district is to:
A.
Preserve the rural character of the Township by promoting the preservation of farmland and the continuation of the agricultural industry, and to permit the continued traditional agricultural use and farm related activities in the Township.
B.
Locate the Agricultural Preservation District where agricultural operations are the primary land use.
C.
Promote the continuation of agriculture as a viable economic activity by protecting prime agricultural soils and existing farmland, maintaining large tracts of land for current or future agricultural operations, minimizing the irreversible conversion of land to non-agricultural uses, and reducing development pressure that can negatively impact the agricultural industry.
D.
Accommodate and encourage continued agricultural use on soils classified by the U.S. Department of Agriculture within agricultural capability Class I, Class II and Class III, as amended.
E.
Provide development options for farmers to subdivide their properties for development in a configuration that protects the viability of the remaining land for agricultural production.
F.
Provide for agricultural uses and uses compatible with or supportive of agriculture within the district.
G.
Limit the type and amount of nonagricultural uses within the district in order to avoid conflicts between agricultural and nonagricultural uses.
H.
Allow development compatible with this district on tracts that are not devoted to agricultural use.
§ 350-401 Use regulations.
A.
Uses by-right. A building or other structure may be erected, altered, or used, and a lot may be used or occupied for any one of the following purposes, and no other in accordance with the requirements of this article and other applicable provisions:
(1)
Agricultural use, as per § 350-1103.
(2)
Concentrated animal operation (CAO) or concentrated animal feeding operation (CAFO), as per § 350-1103.
(3)
Combination of agricultural use and CAO, CAFO or mushroom production facility, as per § 350-1103.
(4)
Mushroom production facility, as per § 350-1103.
(5)
Agricultural accessory use, as per § 350-1101B, with the exception of § 350-1101B(9).
(6)
Dwelling of the owner or operator of the farm, on a parent tract.
(7)
Single-family detached dwelling.
(8)
Minor home occupation, as per § 350-1101C(11).
(9)
Woodland, wildlife preserve, or conservation use.
(10)
Forestry, as per § 350-1002D.
(11)
Temporary structure, building, or use, as per § 350-1101F.
(12)
Temporary community event, as per § 350-1101G.
(13)
Residential accessory use, as per § 350-1101C, with the exception of § 350-1101C(12).
B.
Uses by special exception. A building may be erected altered or used and a lot may be used or occupied when authorized as a special exception by the Zoning Hearing Board for any one of the following uses and in accordance with the requirements of this article and other applicable provisions:
(1)
Bed-and-breakfast, as per § 350-1107.
(2)
Major home occupations, as per § 350-1101C(12).
C.
Uses by conditional use. A building or other structure may be erected or used, and a lot may be used or occupied when granted conditional use by the Board of Supervisors for any one of the following uses and in accordance with the requirements of this article and other applicable provisions.
(1)
Religious use or place of worship, as per § 350-1131.
(2)
Additional farm-related dwelling, as per § 350-1101B(9).
(3)
Veterinary clinic and animal shelter, with or without kennels, as per § 350-1120.
(4)
Kennel, as per § 350-1120.
(5)
Riding academy and stables, as per § 350-1134.
(6)
Residential conversion of a single-family detached dwelling into a two or three family dwelling, as per § 350-1132.
(7)
Uses within a historic resource, as per Article XX.
§ 350-402 Area and bulk regulations.
A.
Agricultural use, CAO, CAFO, or mushroom production facility. The following area and bulk regulations shall apply to all agricultural uses, CAOs, CAFOs, and mushroom production facilities:
(1)
Minimum lot area: 10 acres.
(2)
Maximum lot coverage: 10%.
(3)
Maximum building height: 35 feet, except as provided for in accordance with § 350-1103A(4).
(4)
Additional area and bulk regulations set forth in § 350-1103 shall apply. The area and bulk regulations set forth in Pennsylvania statutes and regulations governing such uses shall remain equally applicable, such as the Pennsylvania Nutrient Management Act.
B.
Additional farm-related dwellings on parent agricultural tracts shall comply with § 350-1101B(9).
C.
Subdivision of parent tract (tracts 10 acres or more).
(1)
The maximum number of lots or residential dwelling units subdivided from the parent tract shall be as shown in the table below. Any lots or dwelling units created pursuant to § 350-1101B(9) and/or Act 319 Pennsylvania Farmland and Forest Land Assessment Act split-off provisions shall count toward the maximum number of permitted lots/units.
Size of Parent Tract (acres) | Number of Lots/Dwelling Units Permitted |
|---|---|
10 - 14.99 | 1 |
15 - 34.99 | 2 |
35 - 59.99 | 3 |
60 - 89.99 | 4 |
90 - 119.99 | 5 |
120 - 149.99 | 6 |
150 and over | 7, plus one for each 30 acres over 150 |
(2)
Tracts that result from any subdivision of a parent tract of record as of the effective date of this chapter, including the remaining parent tract, shall be limited to the maximum number of lots or dwelling units permitted for that parent tract according to the terms of any such subdivision approval.
(3)
Any subsequent owner of any parent tract or tract subdivided from a parent tract shall be bound by the provisions of this article and the actions of the previous owners of the parent tract, thus transfer of ownership shall not create a new right to subdivide.
(4)
The following dimensional standards shall apply to all uses subdivided from the parent tract, other than agricultural use, CAO, CAFO, or mushroom production facility, which shall be subject to § 350-402A, above:
(a)
Minimum lot area: one acre.
(b)
Maximum lot area: two acres. If DEP regulations require an area greater than two acres for the dispersal of nitrate nitrogen, the land area necessary for this dispersal may be permitted to be a part of the lot. However, no further subdivision of the lot shall be permitted via deed restriction. The owner of the parent tract from which the lot is created shall record all necessary documentation to establish and grant a plume easement over adjoining land on the parent tract to provide for the necessary dispersal of the nitrate nitrogen in the septic effluent.
(c)
Minimum lot width at building line: 100 feet.
(d)
Minimum lot width at street line: 50 feet.
(e)
Minimum front setback: 50 feet.
(f)
Minimum side yard: 25 feet.
(g)
Minimum rear yard: 50 feet.
(h)
Maximum building coverage: 10%.
(i)
Maximum lot coverage: 20%.
(j)
Maximum building height: 35 feet.
(k)
Residential setback: Residential dwellings shall be located a minimum of 100 feet from any adjacent agricultural use, CAO, CAFO, or mushroom production facility.
(l)
Vegetation setback. No shrub or tree shall be planted within 20 and 30 feet, respectively, of any parcel used for agricultural purposes.
D.
Subdivision of tracts less than 10 acres.
(1)
The following dimensional standards shall apply to all uses subdivided from tracts less than 10 acres:
(a)
Minimum lot area: four acres
(b)
Minimum lot width at building line: 200 feet.
(c)
Minimum lot width at street line: 150 feet.
(d)
Minimum front setback: 50 feet.
(e)
Minimum side yard: 25 feet.
(f)
Minimum rear yard: 50 feet.
(g)
Maximum building coverage: 10%.
(h)
Maximum lot coverage: 20%.
(i)
Maximum building height: 35 feet.
(j)
Residential setback. Residential dwellings shall be located a minimum of 100 feet from any adjacent agricultural use, CAO, CAFO, or mushroom production facility.
(k)
Vegetation setback. No shrub or tree shall be planted within 20 and 30 feet, respectively, of any parcel used for agricultural purposes.
E.
Additional standards.
(1)
Configuration of lots.
(a)
The layout of lots shall be grouped so that no more than one additional access to an existing public road will result.
(b)
Lots shall be located on nonproductive or the least agriculturally productive soils, or on soils which cannot feasibly be farmed due to location, shape, or configuration of the lot or physical features not conducive to farming.
(c)
Lots shall be located in areas that will minimize interference with agricultural practices or operations.
(d)
If it is proposed that lots cannot be located in accordance with Subsection E(1)(a) and (b), above, then lots may be located on Class I, 2, or 3 soils but in any case on the least agriculturally productive land. The applicant to demonstrate why the lot cannot be subdivided in accordance with Subsection E(1)(a) and (b), above.
(2)
Plan information. When undertaking a subdivision or land development on a parent tract, the following information in addition to any required in Chapter 300, Subdivision and Land Development, shall be submitted:
(a)
Location and the independently calculated area of all Class I, II, and III agricultural soils, as defined by the U.S. Department of Agriculture (USDA). The applicant may use the most current soil survey map available through the USDA Natural Resource Conservation Service to identify this information for these purposes.
(b)
The calculation of permitted number of lots per the requirements of § 350-402 C(1), above.
(c)
Location and the independently calculated area of constraints including: tract location, shape, or configuration, wetlands, areas of steep slope and rocky areas, streams, water bodies, identified floodplain area, area subject to conservation or agricultural easements, utility easements and rights-of-way.
(d)
Approximate location of future subdivision of lots from the parent tract, when less than the maximum number of lots permitted is proposed.
(3)
Exemption from limitation on subdivision of land. A subdivision, the sole purpose of which is to transfer land to increase the size of a tract being used for agricultural purposes, where both the parent tract from which the land is being taken and the tract to which the land is being transferred will be 10 acres or more after such subdivision shall be considered exempt from § 350-402C(2).
(4)
Any plan for the subdivision or land development of any such lot or the erection of any building hereafter filed for a parent tract in the Agricultural Preservation District shall specify in a note on the recorded plan the number of lots and which lot(s) shall carry with them the right to erect or place thereon any unused quota of lots or buildings as determined and limited by the provisions of this article based on that permitted for the parent tract existing at the effective date of this chapter. The right of further subdivision or erection of buildings, or a statement that no further subdivision or erection of buildings is permitted shall be included in the deed for the newly created lots and of the parent tract.
§ 350-403 Nonagricultural dwelling or use notice.
The primary purpose of this district is to accommodate agricultural production. Owners, residents, and other users of property in this district shall be subject to common characteristics of agriculture activities which are sometimes regarded as objectionable, including, but not limited to, the creation of noise, odors, dust, the operation of machinery of any kind during any time, the storage and application of manure, fertilizers, herbicides, etc., and the heavy or slow vehicle use of roads. Owners, residents, and users of this property should regard these activities as normal, ordinary, routine, and as unavoidable characteristics of an agricultural area and are furthermore assumed to have accepted these characteristics by willingly choosing to reside in the Agricultural Preservation District. Owners, residents, and users of this property should be familiar with and aware of Section 4 of Pennsylvania Act 133 of 1992 "The Right to Farm Law." (3 P.S. § 951 et seq.) This may bar them from obtaining a legal judgement against such normal agricultural operations.
§ 350-404 General design standards and regulations.
The following general design standards and regulations shall apply to all uses, as applicable, in this zoning district:
A.
Lighting shall be in accordance with Article XII.
B.
Signage shall be in accordance with Article XIV.
C.
Parking and loading shall be in accordance with Article XIII.
D.
Nonconforming uses shall be in accordance with Article XV.
E.
Natural resource protection standards shall be in accordance with Article X.
F.
Historic resource protection standards shall be in accordance with Article XX.
G.
All applicable supplemental use regulations in Article XI.
H.
All other applicable general regulations in Article XII, including but not limited to outdoor storage and display; fences, hedges, and walls; buffering screening, and landscaping; vehicular access and traffic control; interior circulation; keeping of animals; and performance standards.
I.
All other applicable design standards and regulations in this chapter; chapter 300, Subdivision and Land Development; and all other chapters of the Code of the Township of West Caln.
