Township of Middletown, PA RA-1 Residence Agricultural District

A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

Agricultural uses, including tilling of the soil, nursery and the keeping or raising of livestock, birds, poultry, horses and bees, provided that:

(1)

The minimum lot area shall be 10 acres.

(2)

Any building used for the keeping or raising of livestock, poultry, birds, horses or bees shall be situated not less than 100 feet from any street line or property line. For the keeping of bees, adequate shade and water shall be provided in the immediate vicinity of the hives.

(3)

The keeping or raising of horses shall be limited to one horse per two acres.

(4)

The keeping or raising of all other livestock and poultry shall be limited to five per acre.

(5)

A single-family detached dwelling is permitted on the same lot as this use, provided it meets the area and dimension requirements of § 500-403. A greenhouse or greenhouses and a roadside stand are also permitted, but only as accessory uses to the primary agricultural use, subject to the following restrictions:

(a)

At least 50% of the products sold shall be produced on the premises where offered for sale.

(b)

Any such stand shall be situated not less than 30 feet from any street line.

(c)

Such roadside stand shall be a structure with no more than three enclosed sides.

(d)

No retail sales, except from a roadside stand, shall be permitted from or in connection with a greenhouse.

Building for public worship.

Cemetery.

Single-family detached dwelling.

Public or private educational institution when authorized by the Zoning Hearing Board as a special exception, provided that the public or private educational institution meets the following standards:

(1)

A lot area of not less than five acres shall be provided for each such use.

(2)

Such use shall have direct access to either an arterial or a collector highway as designated in the Middletown Township Comprehensive Plan.

(3)

Such use shall not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property or be detrimental to the public welfare.

(4)

The characteristics of the following are allowable types of public or private educational institutions.

(a)

Academic schools. To include schools of the following character: adult schools, correspondence schools, colleges, educational tutoring, general education, schools for handicapped or retarded persons, public schools and others of like kind.

(b)

Business and trade schools. To include schools of the following character: computer programming, electronics, finance, key punch machine operator, management development, radio and others of like kind.

(c)

Child-care schools. To include schools of the following character: day camps, day-care centers, kindergarten, nursery schools, pre-kindergartens, resident camps and others of like kind.

(d)

Dance and music schools. To include schools of the following character: acrobatic dance, ballet dance, ballroom dance, freestyle dance, modern dance, music schools, tap dance, twirling schools, and others of like kind.

(e)

Hobby schools. To include schools of the following character: cooking, sewing, stained glass making, art and printing schools, and others of like kind.

(f)

Martial arts. To include schools of the following character: jujitsu, judo, karate, and others of like kind.

(g)

Occupational licensing schools. To include schools of the following character: barber schools, beauty culture schools, dental assistant schools, nursing schools, real estate schools, and others of like kind.

(h)

Professional and professional licensing schools. To include schools of the following character: bartender schools, business schools, chiropractic schools, schools of fashion, schools of modeling, paralegal schools, photography schools, secretarial schools, travel agent schools, and others of like kind.

(i)

Religious schools. To include schools of the following character: Sunday schools, Hebrew schools, Bible schools, and others of like kind.

(j)

Sports training schools. To include schools of the following character: basketball, boxing, fencing, golf, gymnastics, tennis, and others of like kind.

(k)

Tutoring schools. To include schools of the following character: College Board preparation, math, reading, general tutoring, and others of like kind.

(l)

Any other schools not in the above subsections which are of like kind and nature.

(5)

The following types of educational institutions shall not be permitted:

(a)

Educational institutions dealing with animals such as dog obedience schools, horseback riding schools, animal grooming schools.

(b)

Driver educational schools.

(c)

Schools for the maintenance and repair of motor vehicles, engines and aircraft.

(d)

Flying schools.

(e)

Outdoor athletic institutions.

(f)

Schools for the maintenance and repair of appliances, including, but not limited to, heating and refrigeration, electric repairs, television repair, washer, dryer, dishwasher, garbage disposal, oven and like repairs.

(g)

Welder training schools.

(h)

Such other educational institutions having excessive light, noise, dust, traffic and other safety hazards.

(i)

Firearms training school.

Hospital, convalescent home or nursing home when authorized by the Zoning Hearing Board as a special exception, provided that:

(1)

A lot area of not less than five acres shall be provided for each such use.

(2)

The maximum impervious surface ratio shall be 50%.

(3)

Such use shall have direct access to either an arterial or a collector highway as designated in this chapter.

(4)

Such use shall be served by adequate public water supply and public sewage disposal facilities.

(5)

A fifty-foot-wide buffer yard shall be provided along all property lines. The buffer yard shall meet the requirements of § 500-2605.

Telecommunications facility. Telephone central office, electric substation, or water or sewer pump station when authorized by the Zoning Hearing Board as a special exception, provided that:

(1)

Such use shall not include the transaction of business with the public; storage of materials, rotating equipment or trucks; repair facilities or housing of repair crews.

(2)

A fifty-foot-wide buffer yard shall be provided along all property lines and shall meet the requirements of § 500-2605.

Bed-and-breakfast by conditional use.

(1)

The property must contain a minimum lot area of three acres.

Accessory use on the same lot with and customarily incidental to any permitted use in this district, subject to the applicable provisions of this article and Article XXIV.

Home occupations as an accessory use in accordance with § 500-2408.[1]

[1]

Editor's Note: See now § 500-2407.

Signs as accessory uses when erected and maintained in accordance with the provisions of Article XXVIII.

No-impact home-based business as an accessory use.

Forestry/timber harvesting, providing that it meets the following standards:

(1)

Scope; applicability. A zoning permit shall be required for all forestry/timber harvesting activities; however, an individual property owner need not obtain a permit to cut a tree or trees as part of normal home maintenance and upkeep, and the following activities are specifically exempted:

(a)

Removal of diseased or dead trees.

(b)

Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.

(c)

Removal of up to five trees per acre of woodlands per year, not to exceed a total of 10 trees per lot or any combination of adjoining lots in common ownership, which are 12 inches or more in diameter measured at breast height (dbh) and not covered by the exemptions in the foregoing two subsections. Removal of woodlands shall not exceed the standards set forth in §§ 500-2601D and 500-2602B. In cases of conflict between the standards set forth in this section and §§ 500-2601D and 500-2602B, the stricter of the standards shall apply.

(d)

When a building permit is issued for a building, structure or use, the permittee may cut down any trees which exist in the space to be occupied by such building, structure or use, or within 30 feet of such building, structure or use, and all space within 10 feet of all sides of any utility line, stormwater conveyance or detention structure, driveway, parking area, water system or sewage disposal system, or permitted accessory uses. Removal of woodlands shall not exceed the standards set forth in §§ 500-2601D and 500-2602B. In cases of conflict between the standards set forth in this section and §§ 500-2601D and 500-2602B, the stricter of the standards shall apply.

(2)

Notification; preparation of a forestry/logging plan.

(a)

Notification of commencement or completion. For all forestry and timber harvesting operations that are expected to exceed one acre, the landowner shall notify the Township Zoning Officer at least 10 business days before the operation commences and within five business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area and, as applicable, the anticipated starting or completion date of the operation.

(b)

Logging plan. Every landowner on whose land timber harvesting is to occur shall have a written logging plan prepared by a professional forester or forest technician in the form specified by this chapter. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Township Zoning Officer upon request.

(c)

Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

(3)

Contents of the forestry/logging plan.

(a)

Minimum requirements. As a minimum, the logging plan shall include the following:

[1]

Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;

[2]

Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips and water bars;

[3]

Design, construction and maintenance of stream and wetland crossings;

[4]

The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways;

[5]

Copies of all required permits submitted as an appendix to the plan;

[6]

Proof of current general liability and/or worker's compensation insurance;

[7]

Proof of PennDOT highway occupancy permit or Township driveway permit for temporary access, as applicable; and

[8]

Copy of Bucks County Conservation District "Letter of Adequacy" for the proposed erosion control facilities, including associated plans, reports and other permits as required.

(b)

Map. Each forestry/logging plan shall include a site map containing the following information:

[1]

Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;

[2]

Significant topographic features related to potential environmental problems;

[3]

Location of all earth disturbance activities, such as roads, landings and water control measures and structures;

[4]

Location of all crossings of water of the commonwealth; and

[5]

The general location of the proposed operation to municipal and state highways, including any accesses to those highways.

(c)

Compliance with state law. The forestry/logging plan shall address and comply with the requirements of all applicable state laws and regulations, including, but not limited to, the following:

[1]

Erosion and sedimentation control regulations contained in Chapter 102 of Title 25 of the Pennsylvania Code, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.);

[2]

Stream crossing and wetlands protection regulations contained in Chapter 105 of Title 25 of the Pennsylvania Code, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.); and

[3]

Stormwater management plans and regulations issued pursuant to the Storm Water Management Act (32 P.S. § 680.1 et seq.)

(d)

Compliance with federal law/regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations, including, but not limited to, the best management practices (BMPs) as set forth at 33 CFR 323.4[a][6][i-xv].

(e)

The forestry/logging plan shall address and comply with the standards set forth in Article XXVI, Natural Resource Protection Standards; Open Space and Buffers, of this chapter. In cases of conflict between this section and Article XXVI, the stricter of the standards shall apply. The forestry/logging plan shall further address and comply with the standards set forth in Chapter 440, Subdivision and Land Development, § 440-406, Stormwater Management. In cases of conflict between this section and § 440-406, the stricter of the standards shall apply.

(4)

Forest practices. The following requirements shall apply to all forestry/timber harvesting operations in the Township:

(a)

Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare;

(b)

No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property;

(c)

All tops and slash between 25 and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be chopped to a maximum height of four feet above the surface of the ground;

(d)

No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof;

(e)

Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator;

(f)

Any soil, stones and/or debris carried onto public roadways must be removed immediately;

(g)

No forestry/logging use shall be permitted within areas with slopes of 26% or greater;

(h)

When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours, and be seeded and mulched as necessary to establish stable ground cover;

(i)

A no-logging buffer zone with a width of 25 feet shall be maintained along any street abutting or running through a property on which the forestry/logging operation is to be conducted. The buffer shall be measured from the ultimate right-of-way of a public street and from the easement boundary of a private street. No trees shall be cut, removed, skidded or transported in a no-logging buffer zone except as necessary for access to a site from the street;

(j)

A no-logging buffer zone with a width of 50 feet shall be maintained along all properties abutting a property on which the logging operation is to be conducted. The buffer shall be measured from the property line. No trees shall be cut, removed, skidded or transported in a no-logging buffer zone except as necessary for access to a site from the street; and

(k)

A no-logging riparian buffer zone with a width of 75 feet shall be maintained along both sides of any watercourse or canal that abuts or runs through a property on which the forestry, logging or timber harvest operation is to be conducted. The buffer shall be measured from the high-water mark of the watercourse or canal. No trees shall be cut, removed, skidded or transported in a no-logging riparian buffer zone.

(5)

Financial security shall be established in a manner acceptable to the Township to guarantee repair of all damage that may occur to public streets due to the forestry/logging operations, and to guarantee compliance with erosion and sedimentation control plans, compliance with stormwater management plans, and restoration of the site upon completion of logging operations. Pursuant to Chapter 189 of Title 67 of the Pennsylvania Code, the Township may also require the landowner or operator to furnish a bond to guarantee the repair of such roads.

(6)

Enforcement.

(a)

Inspections. Any official or employee of the Township may go upon the site of any timber harvesting operation before, during or after active logging to: review the logging plan or any other required documents for compliance with this chapter and inspect the operation for compliance with the logging plan and other on-site requirements of this chapter.

(b)

Violation notices; suspensions. Upon finding that a forestry or timber harvesting operation is in violation of any provisions of this chapter, the Township shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. The Township may order the immediate suspension of any operation upon finding that: 1) corrective action has not been taken by the date specified in a notice of violation; 2) the operation is proceeding without a logging plan; or 3) the operation is causing an environmental risk. Suspension orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by the Township, the operation is brought into compliance with this chapter or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an official or employee of the Township in accordance with the provisions of the Pennsylvania Municipalities Planning Code.

(c)

Penalties. Any landowner or operator who violates any provision of this chapter or who fails to comply with a notice of violation or suspension order issued under Subsection M(6)(b) shall be subject to a fine of not less than $500 nor more than $1,000, plus costs and attorney's fees, in accordance with Pennsylvania Municipalities Planning Code. Each day of continued violation of any provision of this chapter shall constitute a separate offense.