[Added by Ord. 2014-1, 10/6/2014]
The Township Supervisors seek to preserve the rural and agricultural
character of the Township. This is primarily accomplished through
the preservation and promotion of agricultural land uses. However,
circumstances occasionally require the use of supplemental income-generating
activities to preserve farmlands and traditional farm structures.
Therefore, through the establishment of this overlay district, the
Township seeks to permit and regulate appropriate farm-based entertainment,
tourism and limited commercial activities on farmlands in select areas
proximate to well-traveled thoroughfares, subject to the standards
and conditions in this Part. To the maximum extent possible, such
activities should feature the use or reuse of existing farm structures.
The farm-based activity is intended to preserve and enhance the agricultural
character and viability of the parcel, and thus must be conducted
in conjunction with an agricultural use undertaken on the property.
Through the timing conditions imposed herein, the Township Supervisors
intend to monitor and conduct an ongoing assessment of the impact
on the Agricultural and Agricultural Overlay Districts, including
the impact on the preservation of the agricultural character and viability
of farmlands and agricultural land uses, resulting from the limited
allowance and expansion of commercial activities in said districts
that is represented by the conditional uses authorized in this Part.
[Added by Ord. 2014-1, 10/6/2014]
1.
This overlay district applies to parcels existing as of the date
of enactment of this overlay district that are located in the Agricultural
District and that have frontage on the following: the eastern side
of Round Top Road from Colebrook Road to Schoolhouse Road; Schoolhouse
Road from Round Top Road to State Route 230; the northern side of
State Route 230; and State Route 441. The Zoning Map is hereby amended
to reflect the addition of the A-O District, as reflected on Attachment
A.
2.
If a parcel is not within the area described herein, then an applicant
may request that the Board of Supervisors consider a Zoning Map amendment
to add the overlay district to the parcel if the Board finds the same
is consistent with the intent of the A-O District.
3.
If a parcel within this overlay district is subdivided subsequent
to the date of enactment of this A-O District, then the district will
apply only to one of the subdivided tracts, which shall be the parent
tract of land. Notwithstanding the foregoing sentence, and pursuant
to a written agreement between the parties provided to the Zoning
Officer, the owner of the parent tract may transfer the applicability
of the A-O District to one of the subdivided lots.
4.
This overlay district establishes an alternative set of requirements
for certain uses that may be utilized by an applicant within the A-O
District boundaries. All of the same regulations that apply to the
Agricultural District shall also apply to the A-O District, except
to the extent inconsistent with this A-O District or where the regulations
of this overlay district provide a differing requirement regarding
a specific use or activity.
[Added by Ord. 2014-1, 10/6/2014]
In order to effectuate the intent of the A-O District, the following
shall be applicable in the overlay district:
1.
Except as permitted herein, any activity undertaken pursuant to a
conditional use approval under § 2105 shall be conducted
in conjunction with an agricultural use undertaken on the same parcel.
The Board of Supervisors may attach to said conditional use approval
such conditions as are deemed necessary to ensure that the agricultural
activities undertaken on the parcel are equal to or more prominent
than the approved conditional use. The Board of Supervisors may waive
this requirement for parcels that are five acres or less in size or
otherwise cannot support a viable agricultural use.
2.
An activity undertaken pursuant to a conditional use approval under
§ 2105 shall not be conducted on more than 10 acres of the
applicant's parcel unless permitted by the Board of Supervisors for
good cause shown consistent with the intent of this Part.
3.
Any parcel for which a conditional use approval under § 2105
is granted shall have and limit access to the conditional use activity
from the frontage along the qualifying roadway to which the A-O District
applies.
4.
Conditional use approvals granted pursuant to this Part shall automatically
expire three years after the date of the Board of Supervisors' approval
unless renewed or extended. The filing of an application for renewal
or extension of a conditional use permit shall operate as a stay of
expiration pending action by the Board on said application. After
the expiration of the initial term of a conditional use permit, the
Board may provide for a longer or shorter term, or may impose no term,
for any renewed or extended conditional use permit. Conditional use
permits approved pursuant to this Part shall also automatically expire
if the applicant does not conduct the activity for a consecutive period
of one year.
[Added by Ord. 2014-1, 10/6/2014]
The permitted-by-right, special exception and conditional uses
allowed in the Agricultural District shall be permitted in the A-O
District.
[Added by Ord. 2014-1, 10/6/2014]
1.
Upon application under this Part, the following additional uses are
authorized as conditional uses:
A.
Accessory uses associated with a winery, including, but not limited
to, the following uses, subject to the requirements set forth herein:
(1)
Accessory uses set forth in § 502, Subsection 12,
which shall be exempt from the provisions of § 502, Subsection
14C through E but subject to conditions imposed on this conditional
use.
(2)
Accessory retail sale of cheeses, chocolates, breads and baked
goods, ice cream, snacks and other culinary items and specialty agricultural
food products typically paired with wine or cider, but which do not
involve the use of an on-site commercial kitchen to prepare.
(3)
Manufacture, with accessory storage and retail sale, of malt,
brewed or similar beverages, and accessory retail sale of items similar
to those authorized in § 502, Subsection 14B.
(4)
Operation of a brew pub, as defined and licensed by the Pennsylvania
Liquor Control Board.
(5)
Special events, including concerts, consistent with the following:
(a)
Indoor seminars, workshops, meetings and other events are permitted,
provided they are held in a building which is used for retail sales
and in an area which shall contain no more than 1,000 square feet.
The maximum allowed attendance will be in accordance with the Fire
Marshal's maximum occupancy requirements for the building in which
retail sales are conducted.
(b)
Outdoor events, including those held under tents or other temporary
structures, are permitted on a winery containing a vineyard of not
less than five acres. There shall be no more than 12 outdoor events
in any calendar year. Unless excused by the Zoning Officer for cause,
the operator of the winery shall provide the Zoning Officer with notice
of each outdoor event at least 45 days prior to the date of the particular
event. An outdoor event may last no more than one day. If an event
will be held on more than one day, each day on which the event is
held shall count as a separate and distinct event for purposes of
counting the maximum of 12 outdoor events.
(c)
No event may commence before 8:00 a.m. or extend later than
10:00 p.m.
(e)
Adequate parking, in terms of size, locations and surface, shall
be provided in designated areas.
(f)
Lighting may be used for special events for the duration of
the event only and may not shine or produce glare on adjacent properties.
(g)
Driveways from public roads to parking areas shall have a paved
apron at the entrance which is a minimum of 100 feet in length from
the edge of paving, as well as a gravel tire-cleaning area 50 feet
in length.
(h)
Alcoholic beverages produced at the winery, nonalcoholic beverages,
and food may be served at the special event.
(i)
Overflow parking areas may be on grass surface areas of the
lot. The grass surface area which is to be used for overflow parking
shall be kept in suitable grass cover and shall not be allowed to
degrade to an erodible condition. If any portion of the overflow parking
area is disturbed, the areas shall be reseeded or planted with sod
to ensure the area remains grass surface. Such planting shall occur
within one week after the special event has ended. Overflow parking
areas shall be enclosed by a temporary barrier fence to prevent the
flow of traffic across property lines; all such fences shall be removed
within one week of a special event ending. Overflow parking areas
shall be set back at least 25 feet from side and rear property lines.
(j)
Adequate and appropriate sewage disposal shall be provided for
special events.
(k)
All waste, trash and rubbish, tents and temporary structures,
and any other displays or exhibits that resulted from the special
event shall be removed from the property within 48 hours after the
special event has ended.
B.
Manufacture, accessory storage and accessory retail sale of malt,
brewed or similar beverages, including operation of a brew pub, as
defined and licensed by the Pennsylvania Liquor Control Board. Such
operation shall be eligible to apply for all accessory uses authorized
under, and shall be subject to the requirements set forth in, this
section for a winery.
C.
Assembly uses, including, but not limited to, weddings, wedding receptions, anniversary parties and other gatherings in recognition of life events, corporate events and organizational picnics, held in converted agricultural buildings and in accordance with those requirements in § 2105, Subsection 1A(5), deemed applicable to the use by the Board of Supervisors.
D.
Com mazes, hayrides, wagon and sleigh rides, animal rides, and animal
petting areas.
E.
Historical or agricultural heritage displays, museums and reenactments.
F.
Farm-related tours, agricultural exhibits, crop identification, educational
activities, or opportunities for active participation in farm operations.
2.
An application for a conditional use under this section shall comply with the requirements of Part 4, §§ 421 to 422. In addition, and notwithstanding any other provision of a Township ordinance to the contrary, any use for which a conditional use is applied for under this section shall be deemed to constitute a land development, as that term is defined in Chapter 22, Subdivision and Land Development, and shall trigger the requirements of that chapter unless waived or modified by the Board of Supervisors. Any required filings under Chapter 22 related to the proposed activity may be considered by the Township concurrently with the conditional use application under this section.
3.
In addition to any other requirements, an applicant for a conditional
use under this Part shall submit a written plan of activity for the
proposed conditional use, which shall include and may be supplemented
with drawings, maps or other materials deemed necessary to illustrate
the extent and limits of the proposed conditional use and compliance
with the requirements of this Part. The Township's written decision
granting the conditional use application shall be based on and shall
clearly reflect the plan for the activity as it is approved by the
Township. If there is general consistency with the plan for the activity
as approved by the Township, and if all conditions placed on the conditional
use approval have been met, the Zoning Officer may approve adjustments
to the plan requested by the applicant subsequent to a grant of conditional
use approval. If there is not general consistency with the approved
plan for the activity, then the Township may require that substantive
changes need a separate conditional use approval.
4.
Conditional use applications shall be reviewed by the Township Planning
Commission, Zoning Officer, Township Engineer, and Board of Supervisors.
In order to secure conditional use approval, each applicant for a
conditional use shall demonstrate compliance with the criteria set
forth in § 421 and the intent and requirements of this Part.
5.
In addition to any conditions authorized under § 421 or
imposed by this Part, the Board of Supervisors may attach any of the
following conditions to an application approved under this section:
A.
Conditions considered necessary to eliminate, avoid or mitigate conflicts
between the approved use and surrounding agricultural uses or residential
neighborhoods, including, but not limited to, screening, buffering,
setback and riparian buffer requirements related to the approved use
and any associated structures.
B.
Conditions considered necessary to ensure that the approved use and
any related structures, signage or other visual operations maintain
a character, architecture and aesthetic appropriate to the Agricultural
District.
C.
The condition that all conditional use activities involving customers
or patrons on the site will conclude by 10:00 p.m. and will not begin
prior to 8:00 a.m.
D.
Conditions considered necessary to ensure that adequate parking,
in terms of size, location, surface materials, screening and buffering,
maintenance and other characteristics, is provided in conjunction
with the approved use.
E.
Conditions necessary to avoid or mitigate any fire hazards, emissions,
smoke, dust or pollutants, noise, light or glare, or any other nuisance
created by or associated with the approved use.
F.
Conditions to preclude the use or storage of highly hazardous, toxic,
radioactive, flammable or explosive substances, other than the types
typically used in agriculture uses or a household.
G.
Conditions designed to encourage the use and reuse of existing farm
structures in the conduct of the conditional use, including, but not
limited to, restricting the construction of new buildings associated
with the conditional use to a single new building and limiting the
construction or placement of new or expanded buildings on the site
in conjunction with the approved use that cover more than 5,000 square
feet of land area.
H.
If the approved use involves a special event that involves attendance
by 300 or more persons, conditions requiring:
(1)
The applicant to employ attendants to manage parking and driveways
on the site, as well as the provision of compensation for fire police,
if necessary, to manage traffic on a public road;
(2)
Sufficient sanitary facilities and hand-washing stations; and
(3)
Stages, trailers, food vendors, tents or similar temporary structures
to satisfy setbacks required for a principal building.
