West Caln Township City Zoning Code
ARTICLE IV
AP - Agricultural Preservation District
§ 350-400 Authority and purpose.
A.
Authority. The Agricultural Preservation District is established in accordance with:
(1)
Pennsylvania Act No. 247, The Municipalities Planning Code, Sections 603(b)(5), 603(c)7, 603(g)1, 603(h), 604(3), and 605(2)(vii);
(2)
The goals and objectives of the West Caln Township Comprehensive Plan (1998) and the West Caln Township Open Space, Recreation, and Environmental Resources Plan (1995).
B.
Purpose. In promoting the policies of the West Caln Township Comprehensive Plan and the West Caln Township Open Space, Recreation, and Environmental Resources Plan, the purpose of this article is to:
(1)
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.
(2)
Locate the Agricultural Preservation District where agricultural operations are the primary land use.
(3)
Protect prime agricultural soils and existing farmland and reduce development pressure that can negatively impact the agricultural industry.
(4)
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, and listed as follows:
Bedford Silt Loam | BdB2 |
Brandywine Loam | BrB2 |
Chester Silt Loam | 1CbA, 1CbB, CdA, CdA2, CdB, CdB2, CdC2 |
Cewacla Silt Loam | Ch |
Conowingo Silt Loam | CoB2 |
Duffield Silt Loam | 1DbA, 1DbB |
Edgemont Channery Loam | EcB, EcB2, EcC, EcC2 |
Glenelg Channery Silt Loam | GeA, GeA2, GeB, GeB2, GeB3, GeC, GeC2, 1GbC |
Glenville Silt Loam | 1GdB, GnA, GnB, GnB2, GnC2 |
Lindside Silt Loam | 1Ln |
Manor Loam | MgB2, MgC2 |
Manor Silt Loam | 1MaC |
Montalto Channery Silt Loam | MoB2, MoC2 |
Neshaminy Gravelly Silt Loam | NaA, NaB2, NaC2 |
Wehadkee Silt Loam | We |
(5)
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.
(6)
Provide for agricultural uses and uses compatible with or supportive of agriculture within the district.
(7)
Limit the type and amount of nonagricultural uses within the district in order to avoid conflicts between agricultural and nonagricultural uses.
(8)
Allow development options compatible with this district on nonfarm tracts.
C.
Process. The Township strongly encourages applicants to meet with the Planning Commission to discuss any development options in the form of an informal sketch plan prior to the official submission of an application. Sketch plans are useful tools to identify and correct potential compliance with Township ordinance issues before the expenditure of significant time and expense, and can help to expedite the review and approval of the preliminary and/or final plan submissions.
§ 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:
(4)
Agricultural accessory use, as per § 350-1101B, with the exception of § 350-1101B(9).
(5)
Dwelling of the owner or operator of the farm, on a parent tract.
(6)
Minor home occupation, as per § 350-1101C(11).
(7)
Woodland, wildlife preserve, or conservation use.
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:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Single-family detached dwelling on a nonfarm tract or lot, as per the requirements of this article.
(3)
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Additional farm-related dwelling, as per § 350-402B and § 350-1101B(9).
§ 350-402 Area and bulk regulations.
A.
Agricultural uses. In order to preserve and promote the continuation of agricultural uses in the Agricultural Preservation District, the following area and bulk regulations shall apply to all agricultural uses and intensive agricultural uses:
(1)
Minimum lot area: 10 acres.
(2)
Maximum lot coverage: 10%.
(3)
Maximum building height: 35 feet, except that barns, silos, and bulk bins shall be exempt from the maximum building height limit when attached to an existing structure or located such that the distance from the base of the barn, silo, or bulk bin to both the nearest property line and the nearest street right-of-way line is no less than the height of said barn, silo, or bulk bin. There shall be a fall zone for silos and other like structures whereby such structures shall be situated the height of the structure plus 10% of that height from a lot line, accessway, or street line.
(4)
Residential uses, where adjacent to an intensive agricultural use, shall be located a minimum of 100 feet from any adjacent intensive agricultural use, or 20 feet from a lot line, not inclusive of any other lot/yard requirement.
B.
Additional farm-related dwellings on parent agricultural tracts. Proposed development of no more than a total of two additional farm-related dwelling units on parent agricultural tracts as evidenced by recorded deeds on or before the effective date of this chapter shall be designated as follows:
(1)
Agricultural accessory dwelling units. An additional dwelling unit created by expanding an existing single-family detached dwelling unit. For example, expanding or adding onto an existing farmhouse to create an additional dwelling unit.
(2)
Conversion. The conversion of an existing structure on an agricultural property to be used as a single dwelling unit. For example, an existing barn can be renovated to create an additional dwelling unit.
(3)
Additional agricultural dwelling units. The development of additional single-family dwelling units. For example, permitting an additional farm dwelling unit on the farm tract.
C.
Subdivision of parent tract. In order to protect, preserve, and promote agricultural uses within the Agricultural Preservation District, it is the intent of this section that the creation of nonagricultural uses shall be specified in order to retain tracts of sufficient size to be efficiently used for agricultural purposes, as follows:
(1)
Applicability. These provisions shall apply to all tracts of 10 acres or more held in single and separate ownership as of the effective date of this chapter. The parent tract and subsequent subdivided lots must meet all applicable dimensional requirements.
(2)
Density. Each parent tract containing 10 acres or more shall be permitted to subdivide one farm parcel and/or nonfarm parcel per every 10 acres, provided the remaining tract from which a lot is divided will not be reduced to less than 10 acres in size. The maximum number of lots permitted for subdivision from the parent tract shall be determined by dividing the total tract area of the parent tract by 10. Fractional values shall be rounded down to the next lowest whole number.
(3)
Lot size. A nonfarm lot subdivided from a parent tract for a residential use shall be not less than one acre and not more than two acres, and the area and bulk regulations of § 350-402D shall apply with the exception of lot area. 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. A nonfarm lot subdivided from a parent tract for other than a residential use shall meet the requirements of § 350-402D.
(4)
Configuration of lots and plan information. The layout of lots shall be grouped so that no more than one additional access to an existing public road will result. To allow for the nonagricultural development permitted in this district, yet to preserve prime agricultural soils and areas, the layout of lots shall create the least amount of disruption to agricultural practices, operations, and Class I, II, and III soils. As a guideline in fulfilling the purposes of this article, lots subdivided from the parent tract for nonagricultural uses should be located on nonproductive or the least agriculturally productive soils, on soils which can not feasibly be farmed due to location, shape, or configuration of the lot or physical features not conducive to farming, such as rock, and in areas that will minimize interference with agricultural practices or operations, including but not limited to, areas adjacent to existing developed lots and to other nonagricultural land uses, corners or removed areas of the tracts, or along road frontage. 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). To demonstrate this information in an efficient way, 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.
(c)
Location and the independently calculated area of constraints including: tract location, shape, or configuration, wetlands, areas of prohibitive slope and rocky areas, streams, 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.
(5)
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).
(6)
A single-family detached dwelling may be erected on any single undeveloped lot of record (parent tract) as of the effective date of this chapter. Such lot must be a parent tract in single and separate ownership. The parent tract must meet applicable requirements for minimum lot size, and all buildings erected on the lot must meet yard setback, lot coverage, and height regulations.
(7)
Any land development, the purpose of which is to permit the erection of a dwelling on a tract which has been previously approved with a dwelling which will also remain on the parent tract or to permit the erection of a building for an additional principal use on the parent tract, shall be considered a subdivision for the purposes of this article.
(8)
The provisions of this article shall apply to all parent tracts. Regardless of size, no parcel or lot subsequently subdivided from its parent tract shall qualify for additional lots pursuant to this article. All subsequent owners of parcels of land subdivided from a parent tract shall be bound by the actions of the previous owners of the parent tract. Likewise, any subsequent owner of any parent tract shall be bound by the provisions of this article and the actions of the previous owners such that for purposes of subdivision the number of new lot or dwellings erected on the parent tract shall be fixed according to the original number permitted on the parent tract. This number shall not be increased by the further subdivision of the parent tract, thus transfer of ownership shall not create a new right to subdivide.
(9)
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.
(10)
In the event a tract of land not originally classified as part of the Agricultural Preservation District on the effective date of this chapter is hereafter classified as part of said district, the size and ownership of such tract of land and its classification as a parent tract shall be determined as of the effective date of the change in the zoning classification to Agricultural Preservation District.
D.
Other uses permitted in this District.
[Amended 12-13-2017 by Ord. No. 2017-03]
(1)
The following regulations shall apply to uses, other than agriculture, additional farm-related dwellings, and subdivision of parent tracts provided under the preceding §§ 350-401 and 350-402A, B and C of this article. Unless specified otherwise in this article or Article XI, the following regulations shall apply:
(a)
Minimum lot area: one acre.
(b)
Minimum lot width at building line: 100 feet.
(c)
Minimum lot width at street line: 50 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)
Vegetation setback. On any nonfarm parcel, no shrub or tree shall be planted within 20 and 30 feet, respectively, of any land used for agricultural purposes.
(2)
Notwithstanding the requirements of this article, a legally, nonconforming residential use (which would be a use in existence prior to February 25, 2006) in the Agricultural Preservation District shall be permitted by right to increase the residential nonconforming use of a structure or of a lot provided that such expansion conforms to the area and bulk requirements set forth above in § 350-402D(1) and other applicable provisions of this chapter. This shall include an expansion in the form of a residential accessory use, as per § 350-1101C.
E.
Subdivision of nonfarm tract. In order to protect, preserve, and promote agricultural uses within the Agricultural Preservation District, it is the intent of this section that the creation of nonagricultural uses and the subdivision of nonfarm tracts shall be specified in order to retain the character of this district and compatibility with the primary agricultural purpose of this district, as follows:
(1)
Applicability. These provisions shall apply to all tracts of 10 acres or less held in single and separate ownership on or before the effective date of this chapter. The nonfarm tract and subsequent subdivided lots must meet all applicable dimensional requirements.
(2)
Density. Each nonfarm tract containing 10 acres or less shall be permitted to subdivide one parcel per every four acres. The maximum number of lots permitted for subdivision from the parent tract shall be determined by dividing the total tract area (in acres) of the nonfarm tract (in acres) by four. Fractional values shall be rounded down to the next lowest whole number.
(3)
A nonfarm lot subdivided from a nonfarm tract for a residential use shall be not less than one acre and not more than two acres, and the area and bulk regulations of § 350-402D shall apply with the exception of lot area. If the Pennsylvania Department of Environmental Protection (PaDEP) regulations require an area greater than two acres for the dispersal of nitrate nitrogen, the land area necessary for this dispersal shall not be permitted to be a part of the lot. The owner of the nonfarm 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. A nonfarm lot subdivided from a nonfarm tract for other than a residential use shall meet the requirements of § 350-402D.
§ 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.