A.
Purpose. The purpose of the Agricultural Zone is to promote the continuation of agricultural activities and the protection of agricultural land in those areas most suitable for farming. Areas included in the zone have been specifically identified as possessing valuable and nonrenewable natural resources. This zone also intends to protect and stabilize the Township's viable agricultural economy by prohibiting uses that are incompatible with farming, but permitting farm occupations and limited agricultural support businesses. Consequently, residential uses are limited and any future inhabitants in this zone must be willing to accept the impacts associated with normal farming practices, and related businesses. Finally, the provisions of this zone have been specifically formulated to further the objectives of the Municipalities Planning Code[1] which provides that local zoning ordinances shall be designed "to preserve prime agriculture and farmland considering topography, soil type and classification, and present use." Lands within the Agricultural Zone are not suitable for the provision of public sewer or water.
B.
Permitted uses.
(1)
Agriculture, horticulture and forestry-related uses, including timber harvesting, aquaculture and fish hatcheries, but excluding intensive commercial poultry and/or livestock operations, as defined herein, and mushroom operations;
(2)
Family day-care facilities, as defined herein;
(4)
Grange halls;
(5)
Public and nonprofit parks and playgrounds;
(6)
Public utilities structures, excluding those for sewer and water; and
(7)
Accessory uses customarily incidental to the above-permitted uses, including, but not limited to, the following:
(a)
Roadside stands for the sale of agricultural products, subject to the following:
[1]
At least half of the products displayed for sale shall have been produced on the premises;
[2]
All structures used to display goods and related parking shall be no more than 500 square feet in size, and shall maintain a twenty-five-foot setback from all property and street right-of-way lines;
[3]
Off-street parking shall be provided at the rate of one space per each 150 square feet of sale display area; and
(b)
Manure storage facilities, if located on a farm, and subject to the following regulations:
[1]
All manure storage facilities shall be designed in compliance with the guidelines outlined in the publication Manure Management for Environmental Protection, Bureau of Water Quality Management Publication No. 43, and any revisions, supplements, and replacements thereof, published by the Pennsylvania Department of Environmental Protection;
[2]
All manure storage facilities' designs shall be reviewed by the Mifflin County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility;
[3]
Construction and subsequent operation of the manure storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation will require the obtainment of another review by the Mifflin County Conservation District; and
[4]
All manure storage facilities shall be set back a minimum of 300 feet from any lands within a residential zone, 200 feet from all property lines, and 50 feet from the street right-of-way line.
(c)
Beekeeping, if located on a farm, subject to the following:
[1]
It shall be the duty of the applicant to maintain each colony so as not to create a public nuisance;
[2]
Colonies shall be maintained in movable frame hives;
[3]
All hives within 20 feet of a property line shall have a solid fence or vegetative obstruction five feet or more in height, between the hives and the property line;
[4]
All hives shall have access to an on-site water supply; and
[5]
All bee hives shall be maintained in a healthy condition using locally accepted beekeeping management practices.
(d)
Temporary farmworker housing, if located on a farm, subject to the following standards:
[1]
For each 100 acres or fraction thereof of a farm, one mobile home is permitted for the use of farmworkers (and their families) who are actively engaged in farm work on the subject farm, for such time as they remain so engaged;
[2]
The mobile home shall be located only in the side or rear yard, and shall adhere to all setback requirements applicable to single-family detached dwellings;
[3]
The applicant shall furnish evidence that an approved system of water supply and sewage disposal shall be used;
[4]
The mobile home shall be occupied at least three months a year by at least one person actively engaged on the farm where the mobile home is located. If this condition is not satisfied, and the mobile home is not proposed to accommodate another approved accessory use (e.g., ECHO housing or farm occupation), the mobile home shall be removed within three months; and
E.
Maximum number of permitted new dwellings or lots.
(1)
For each tract of contiguous land in single ownership (parent tract), as of the date of adoption of this chapter, there may be one lot utilized or subdivided for either a single-family detached nonfarm dwelling, seasonal dwelling or a farm dwelling and farm use, in addition to any farm dwelling which may already exist on the parent tract, for each 10 acres of land in the parent tract;
(2)
The number of permitted new dwellings shall not include ECHO housing, two-family conversions or temporary farmworker housing;
(3)
Lot add-ons involving agricultural land in which no new lots are created shall not be counted against the number of lots permitted to be created;
(4)
Regardless of size, no tract of land subdivided from its parent tract shall qualify for additional dwellings or lots pursuant to this section. Similarly, any subsequent owner of any portion of the parent tract legally existing as of the date of adoption of this chapter shall be bound by the actions of previous owners in that such current owner may only subdivide for purposes of additional dwellings the number of lots, if any, remaining from the original number permitted by this section. Any subdivision or land development plan hereafter filed for a tract of land in the Agricultural Zone shall specify which lot or lots shall carry with them the right to erect or place thereon any unused quota of dwellings as determined by the provisions of this section; and
(5)
In the event a tract of land which was not classified as part of the Agricultural Zone as of the date of adoption of this chapter is hereafter classified as part of the Agricultural Zone, the size and ownership of such tract shall be determined as of the effective date of the change in the zoning classification.
F.
Lot area requirements.
(1)
Agricultural, horticultural and forestry-related uses, including farm dwellings. The minimum lot area (including parent tract remainders) shall be 10 acres;
(2)
Single-family detached nonfarm dwellings and seasonal dwellings. The minimum lot area is one acre, and the maximum is two acres, except that such maximum shall not apply if the applicant can demonstrate by credible evidence that the area proposed for the dwelling lot does not predominantly consist of Class I, II and/or III soils, as identified in the soil survey. The maximum lot size may be required to be increased to accommodate an on-lot sewage disposal site as determined by the PA DEP, as well as an alternate site as required by § 215-43 of this chapter; and
G.
Minimum lot width: 150 feet at the building setback line and 70 feet at the street right-of-way line. Where flag lots are proposed, the provisions of § 215-46 of this chapter shall apply.
H.
Minimum setback and maximum height requirements.
(1)
Agricultural horticultural and forestry-related structures (other than farm dwellings):
(a)
Front yard: 50 feet from street right-of-way line;
(b)
Side yards: 50 feet on each side (100 feet total);
(c)
Rear yard: 50 feet;
(d)
Special setback requirements. Except as provided for below and in § 215-82 of this chapter, no new area used for the housing, feeding of watering of poultry or livestock shall be permitted within 300 feet of land within a Residential or Health Care Zone, or 200 feet of any adjacent property line. The Zoning Hearing Board may, as a special exception, however, reduce the above special setback requirements where it is shown that, because of prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect adjoining lands from odor, dust or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special setback requirement to fewer than 100 feet. The burden shall be upon the applicant to prove that a lesser distance would protect the health, safety and general welfare of the community and adjoining lands to the same extent as the greater applicable setback;
(e)
These setbacks shall not apply to agricultural fences that are used to contain agricultural livestock. Such fences shall not extend into any adjoining street right-of-way; and
(f)
Maximum permitted height. 150 feet, provided all structures are set back a distance at least equal to their own height from all property lines.
(3)
Other permitted, special exception or conditional uses. Unless otherwise specified, the following requirements shall apply to all other principal uses permitted within the Agricultural Zone:
(4)
Residential accessory uses. Unless otherwise specified, the following requirements shall apply to accessory uses:
(5)
Agricultural setback requirement. On any separate nonfarm parcel, no dwelling shall be located within 50 feet of any land within the Agricultural Zone used for agricultural purpose. In addition, no accessory residential structures, fences or shrubs shall be placed within five feet, and no tree shall be planted within 30 feet of any land used for agricultural purposes.
J.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 215-36 of this chapter. All access drives serving other uses shall be in accordance with § 215-37 of this chapter. All lanes exclusively serving agricultural, horticultural and/or forestry-related activities shall be exempt from driveway and access drive requirements. However, all farm lanes shall be located, designed and maintained so as to prevent the collection of mud on public roads.
K.
Required conservation plan. Any agricultural, horticultural or forestry-related uses which involve earthmoving activities, or the commercial harvesting or timbering of vegetation shall require the obtainment of an approved conservation plan by the United States Natural Resources Conservation Service pursuant to Chapter 102, Erosion Control, of Title 25, Rules and Regulations, Department of Environmental Protection.[2] All on-site activities shall then be in compliance with the approved conservation plan. All agricultural, horticultural and forestry uses shall, in addition, be conducted so as to minimize the conveyance of stormwater off the site.
L.
Agricultural nuisance disclaimer. All lands in the Agricultural Zone are located within an area where land is used for commercial agricultural production. Owners, residents, and other users of this property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including, but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides, and pesticides. Owners, occupants, and users of this property should be prepared to accept such inconveniences, discomfort, and possibility of injury from normal agricultural operations, and are hereby put on official notice that Section 4 of the Pennsylvania Act 133 of 1982, the Right to Farm Law,[3] may bar them from obtaining a legal judgment against such normal agricultural operations.
