[Ord. 11/25/2003, § 400]
1.
Permitted Uses. Uses are permitted by right, as special exceptions, and as conditional uses in Agricultural Districts in accordance with § 27-402.
2.
Special Exception Uses. The Zoning Hearing Board is authorized to grant special exceptions for uses specified in § 27-402 for applications meeting the following criteria:
A.
The proposed use shall not undermine the general agricultural character
of the district and shall not reduce the likelihood of additional
agricultural operations being attracted to locate in the district.
B.
The use shall not generate high levels of vehicular traffic, air
pollution, or glare, nor levels of noise and odors that exceed those
for the district in general.
C.
The manner, location, and hours of operations and of deliveries to
the premises shall be compatible with the daily cycle of active and
quiet periods associated with the general practice of agriculture
in the district.
4.
Off-Street Parking and Loading. Off-street parking and loading shall
be provided in accordance with Part 13.
5.
Home Occupations. Home occupations shall be in accordance with Part
5.
6.
Buffers. Buffers shall be provided in accordance with Part 12.
7.
Keeping and Housing of Animals. Buildings housing animals and storage
areas for animal waste shall have a minimum setback distance from
any property line in accordance with the following schedules:
A.
Permitted Use.
|
Types of Animals
|
Total Weight of Animals
(in aggregate)
|
Minimum Setback Distance
| |
|---|---|---|---|
|
Swine, cattle, sheep, goats, horses, fowl
|
Up to 2 animal equivalent units per developable acre
|
100 feet
|
B.
Conditional Use. Requires a manure management plan and minimum of
25 acres for housing of animals.
|
Types of Animals
|
Total Weight of Animals
(in aggregate)
|
Minimum Setback Distance
| |
|---|---|---|---|
|
Swine, cattle, sheep, goats, horses, fowl
|
Greater than 2 animal equivalent units per developable acre
|
200 feet
|
C.
Conditional Use: Requires a Manure Management Plan.
|
Types of Animals
|
Total Number of Animals
(in aggregate)
|
Minimum Setback Distance
| |
|---|---|---|---|
|
Domestic dogs and cats
|
Greater than 6
|
50 feet
| |
|
Domestic dogs and cats in approved kennels regulated by the
Pennsylvania Bureau of Dog Law Enforcement
|
100 feet
|
8.
Manure Management Plan. When the number of animals meets the requirements for a conditional use as specified in § 27-401, Subsection 7, the applicant shall prepare a manure management plan with the assistance and concurrence of the Adams County Soil Conservation Service and the Pennsylvania State University Cooperative Extension Office. The applicant shall then submit the plan to the Township.
A.
All manure management plans shall, at a minimum, follow the guidelines
and comply with the criteria set forth in the final regulations of
the Pennsylvania Manure Management Act of 1993, and all technical
supplements thereto, as revised and amended as of the date the manure
management plan is submitted.
B.
The manure management plan shall include provisions for control of
runoff, odor, vectors, and other nuisances. When wastes are stored
outdoors, waste material shall not be less then 200 feet from any
property line, potable water supply, surface water body, stormwater
drainage channel, or occupied residential dwelling, excluding the
subject property owner's or tenant's residence. Any land
application of treatment of wastes shall be done in accordance with
accepted practices recommended by the County Conservation District.
Such application shall be prohibited on lands exceeding 15% in slope
and where bedrock lies less then two feet below the ground surface.
C.
The manure management plan shall include a statement that periodic
inspections by Cumberland Township Zoning Officer will be permitted
to verify that conditions of the plan have been met and continue to
be in compliance.
D.
When the manure management plan includes the use of leased or rented
land for disposal of manure, a lease or rental agreement specifically
stating that manure disposal is permitted on the leased or rented
property shall be included.
E.
Except for composted poultry, disposal of dead animals on all land,
including that land intended for manure management, is expressly prohibited.
Poultry shall be composted in accordance with a composting plan approved
by the County Conservation District; otherwise, dead animals must
be disposed of by rendering.
9.
Removal of Topsoil. No topsoil shall be removed or sold from a parcel
of land within Agricultural Districts, excluding areas being developed
for farm-related improvements, except that topsoil can be removed
from residential lots. Topsoil that is integral with the matted roots
of grasses, when occurring in conjunction with the normal and accepted
practices and operations of sod farming, shall be considered exempt
from this topsoil removal prohibition.
[Ord. 11/25/2003, § 401; as amended by Ord. 2012-143,
8/9/2012, § 1; and by Ord. 2013-150, 6/26/2013, § 1]
|
Districts
| ||
|---|---|---|
|
Use Classifications
|
A
|
AR
|
|
Crop farming, truck gardening, and similar uses
|
P
|
P
|
|
Animal husbandry, pasturing, aviaries, hatcheries and similar
uses, but excluding concentrated animal operations
|
P
|
P
|
|
Horticultural activities, including nurseries and greenhouses
|
P
|
P
|
|
Forestry
|
P
|
P
|
|
Single-family detached residential dwellings
|
P
|
P
|
|
Bed and breakfast establishments
|
SE
|
SE
|
|
Public or private not-for-profit game preserve or similar conservation
purpose
|
SE
|
SE
|
|
Public or private not-for-profit open space and recreation uses
(but excluding golf courses)
|
SE
|
SE
|
|
Not-for-profit museums, libraries or other educational, cultural,
religious, civic or philanthropic uses of a similar nature
|
CU
| |
|
Federal, state, and local municipal agricultural buildings and
agricultural uses, and essential services commonly related to standard
agricultural practices
|
CU
| |
|
For-profit open space and recreation uses
|
CU
|
CU
|
|
For-profit game preserve or similar conservation purpose
|
CU
|
CU
|
|
Concentrated animal operations
|
CU
| |
|
Kennels
|
CU
| |
|
Animal hospital, veterinarian
|
CU
| |
|
Farm equipment sales and service
|
CU
|
CU
|
|
Feed and grain mill
|
CU
|
CU
|
|
Golf Course
|
CU
| |
|
Sawmill
|
CU
|
CU
|
|
Cemetery
|
CU
|
CU
|
|
Places of Worship
|
CU
| |
|
Schools, day care and geriatric centers
|
CU
| |
|
Campground
|
CU
| |
|
Air Strip
|
CU
|
CU
|
|
For enrolled farms, accessory uses as permitted by a local,
state or federal governmental farm land preservation program
|
P
|
P
|
|
Essential services
|
P
|
P
|
|
KEY:
| |
|
P
|
Permitted
|
|
SE
|
Special Exception
|
|
CU
|
Conditional Use
|
[Ord. 11/25/2003, § 402]
1.
A Agricultural Districts.
|
Districts
| |||
|---|---|---|---|
|
Standards
|
A
| ||
|
Minimum Tract Area (acres)
|
5
| ||
|
Maximum Building Coverage (% of tract)
|
5
| ||
|
Maximum Impervious Coverage (% of tract)
|
6
| ||
|
Maximum Height - Principal Structures (feet)
|
40
| ||
|
Maximum Height - Accessory Structures (feet)
|
20
| ||
|
Maximum Height - Farm Silos (feet)
|
80
| ||
|
Minimum Lot Width at Right-of-Way Line (feet)
|
50
| ||
|
Minimum Lot Width at Building Setback Line (feet)
|
100
| ||
|
Minimum Lot Area - Single-family detached dwelling (acres)
|
0.5
| ||
|
Maximum Lot Area - Single-family detached dwelling (acres)
|
2
| ||
|
Maximum Building Coverage (% of single-family detached dwelling
lot)
|
10
| ||
|
Maximum Impervious Coverage (% of single-family detached dwelling
lot)
|
15
| ||
|
Minimum Side Yard - Single-family detached dwelling lot (aggregate)(feet)
|
40
| ||
|
Minimum Side Yard - Single-family detached dwelling lot (one
side)(feet)
|
20
| ||
|
Minimum Rear Yard - Single-family dwelling lot (feet)
|
30
| ||
|
Minimum setbacks from streets (feet):
| |||
|
Any building face to arterial street ultimate right-of-way
|
60
| ||
|
Any building face to collector or local street ultimate right-of-way
|
40
| ||
|
Any building face to common parking area
|
8
| ||
|
Surface parking areas to arterial street ultimate right-of-way
|
20
| ||
|
Surface parking areas to collector or local street ultimate
right-of-way
|
15
| ||
|
Minimum principal structure setbacks from tract perimeter (feet):
| |||
|
From other like-zoned tracts
|
20
| ||
|
From any residential district boundary line
|
50
| ||
|
From other district boundary lines
|
25
| ||
|
Minimum accessory structure setbacks from tract perimeter (feet):
| |||
|
From other like-zoned tracts
|
10
| ||
|
From any residential district boundary line
|
35
| ||
|
From other district boundary lines
|
20
| ||
|
Minimum surface parking areas, driveways, interior roadways
setbacks from tract perimeter (feet):
| |||
|
From other like-zoned tracts
|
5
| ||
|
1
|
From any residential district boundary line
|
30
| |
|
From other district boundary lines
|
15
| ||
2.
AR Agricultural Districts.
|
Districts
| |||
|---|---|---|---|
|
Standards
|
AR
| ||
|
Minimum Lot Area (square feet)
| |||
|
On lot water and on lot sewer
|
80,000
| ||
|
On lot water, central sewer
|
30,000
| ||
|
Central water, on lot sewer
|
40,000
| ||
|
Central water and central sewer
|
20,000
| ||
|
Maximum Building Coverage (% of tract or lot)
|
15
| ||
|
Maximum Impervious Coverage (% of tract or lot)
|
20
| ||
|
Maximum Height - Principal Structures (feet)
|
35
| ||
|
Maximum Height - Accessory Structures (feet)
|
30
| ||
|
Maximum Height - Farm Silos (feet)
|
80
| ||
|
Minimum Lot Width at Right-of-Way Line (feet)
| |||
|
On lot water and on lot sewer
|
200
| ||
|
On lot water, central sewer
|
150
| ||
|
Central water, on lot sewer
|
125
| ||
|
Central water and central sewer
|
100
| ||
|
Minimum Lot Width at Building Setback Line (feet)
| |||
|
On lot water and on lot sewer
|
200
| ||
|
On lot water, central sewer
|
150
| ||
|
Central water, on lot sewer
|
125
| ||
|
Central water and central sewer
|
100
| ||
|
Minimum lot depth (feet)
| |||
|
On lot water and on lot sewer
|
200
| ||
|
On lot water, central sewer
|
180
| ||
|
Central water, on lot sewer
|
150
| ||
|
Central water and central sewer
|
130
| ||
|
Minimum Side Yard (feet)
|
20
| ||
|
Minimum Rear Yard (feet)
|
25
| ||
|
Minimum setbacks from streets (feet):
| |||
|
Arterial streets
|
50
| ||
|
Collector street
|
40
| ||
|
Local street
|
25
| ||
|
Common parking areas
|
20
| ||
[Ord. 11/25/2003, § 403]
1.
Intent. The A Agricultural District is intended to provide for the
conservation of agricultural lands and uses within Cumberland Township.
Furthermore, it is the intent to:
A.
Protect and stabilize general agriculture as an ongoing economic
activity in Cumberland Township by encouraging those land uses and
activities which are agricultural in nature or act in direct support
thereof.
B.
Discourage development from occurring on productive farm lands and
productive agricultural soils.
C.
Protect agriculture from incompatible uses that may also interfere
with normal and customary agricultural practices.
D.
Minimize the amount of land consumed for non-agricultural purposes
by encouraging non-agricultural development to occur on small parcels.
E.
Retain the expansive, open farmlands of the Cumberland Township countryside
that strongly contribute to the rural beauty of the central portion
of Adams County and provide an appropriate context for the Gettysburg
National Military Park and Eisenhower National Historic Site.
2.
Permitted Uses. Uses are permitted by right, as special exceptions, and as Conditional uses in A Agricultural Districts in accordance with § 27-402.
4.
Residential Development. Single-family detached dwellings are permitted
subject to the following conditions:
A.
Upon each parcel as it existed on January 1, 2003, there shall be
permitted the following number of dwelling units, including those
existing on January 1, 2003:
|
Size of Parcel
(acres)
|
No. of Dwelling Units Permitted
| |
|---|---|---|
|
5
|
1
| |
|
5.1 to 15
|
2
| |
|
15.1 to 30
|
3
| |
|
30.1 to 60
|
4
| |
|
60.1 to 90
|
5
| |
|
90.1 to 120
|
6
| |
|
120.1 to 150
|
7
| |
|
Over 150
|
8 plus 1 dwelling for each 30 acres over 150 acres
|
B.
Each such additional dwelling shall be located upon a separate and approved lot whether intended for transfer of title or not. Such additional lots shall meet all the requirements of this chapter and the Cumberland Township Subdivision and Land Development Ordinance [Chapter 22].
C.
Lots for the location of single family dwellings and the access drives
or driveways providing access thereto, shall consist in their entirety
of land included within the soil capability classes III, IV, V, VI,
VII, or VIII as classified by the Soil Survey of Adams County, issued
May, 1967; provided, however, that lots may include minor isolated
areas of higher quality soils that cumulatively do not exceed 20%
of the lot.
D.
In cases where the requirements of this section that require that
all lots for the location of single family dwellings be located on
land with soil capability classes III, IV, V, VI, VII, or VIII serve
to preclude the utilization of a parcel's entire allocation of
dwellings, such allocation may not be fully utilized, with the exception
that dwelling units, including those existing on January 1, 2003,
will be permitted on a parcel as it existed on January 1, 2003, as
follows:
|
Size of Parcel
|
No. of Dwellings Permitted
| |
|---|---|---|
|
5 acres
|
1
| |
|
More than 5 acres
|
2
|
E.
In all cases, residential lots shall be located on the least agriculturally
productive land feasible so as to minimize interference with agricultural
use of the land and so as to minimize likely adverse impact from agricultural
activities, including runoff, odor, noise, and spray drift from adjacent
farms.
F.
If a new dwelling is proposed to be located on a tract that is not
already improved with a dwelling, that dwelling must be located on
the least agriculturally productive land feasible, so as to minimize
interference with agriculture production and so as to minimize likely
adverse impact from agricultural activities including runoff, odor,
dust, noise, and spray drift from adjoining farms.
G.
The applicant for residential development shall have the burden of
proving that the land he seeks to utilize as a lot for the location
of a single-family dwelling meets the criteria set forth in this section.
Any land owner who disagrees with the classification of his land or
any part of it by the Soil Survey of Adams County, issued May 1967,
may submit an engineering analysis of the soils on the portion of
the land that he seeks to have reclassified and if the Township finds
his study valid, then the Township copy of the relevant map sheet
from the Soil Survey of Adams County shall be altered to reflect the
results of such analysis.
H.
The provisions of this section shall apply exclusively to parcels
of land legally existing on January 1, 2003. Regardless of size, no
lot subsequently subdivided from its parcel shall qualify for additional
single-family detached dwellings pursuant to this section. Similarly,
any subsequent owner of any parcel of land legally existing on January
1, 2003, shall be bound by the actions of previous owners in that
such current owner may subdivide for purposes of additional single
family dwellings only that number of lots, if any, remaining from
the original number permitted by this section.
5.
Subdivision of a Tract - Residential Lots. Residential lots shall
not be separated from the original tract or parcel unless it is determined
that:
A.
The entire area being separated from the original tract is land of lower soil capability units as defined in Subsection 4.
B.
There is being separated from the original tract no more than one
acre for each dwelling unit assigned to the tract undergoing subdivision,
excepting that this stipulation shall not prevent approval of a larger
area where necessary in order to provide suitable locations for each
of the dwelling units assigned to the tract undergoing subdivision,
including providing with each of the dwelling units a well, a driveway,
an on-site sewage disposal system, a sewage reserve area, and any
required storm water management facilities or other required improvements.
6.
Subdivision of a Tract - One Area Remaining After Separation of Residential
Lots. Subdivision of a tract is permitted to create an area representing
all of the balance of land within the original tract after separating
that tract's total permitted dwelling unit lots.
7.
Subdivision of a Tract - Two Areas Remaining After Separation of
Residential Lots. Subdivision of a tract is permitted to create two
areas representing all of the balance of land within the original
tract after separating that tract's total permitted dwelling
unit lots, subject to the following requirements:
A.
All of the contiguous land (for this purpose, land shall be considered contiguous even if separated by public or private roads and/or by the presence of lots subdivided from the original parcel since January 1, 2003) owned by the applicant seeking to divide land, excluding that approved in the tract's quota of dwelling unit lots pursuant to the provisions of Subsection 4, shall be divided into or among two or more "tracts," each of which will, after transfer, contain at least 50 acres of crop land.
B.
Any new division line being created between the two "tracts" shall
be agriculturally reasonable and shall not be as to render the agricultural
use of the tracts less efficient, i.e., under normal circumstances
fields and contour strips will not be split.
C.
Any tracts transferred to another tract pursuant to this section
shall be effectively merged with such tract and shall not subsequently
be separated therefrom.
8.
Subdivision of a Tract - Transfer of Entire Tract to be Joined With
Adjacent Tract. Subdivision of a tract is permitted that would transfer
the entire tract to be joined with an adjacent tract, subject to the
following requirements:
A.
The tract of contiguous land owned by the applicant (for this purpose
land shall be considered contiguous even if separated by public or
private roads and/or by the presence of lots subdivided from the original
parcel since January 1, 2003) consists of less than 50 acres and land
is proposed to be transferred to another tract which will after such
transfer be at least as large as and contain at least as much crop
land as the applicant's tract prior to such transfer.
B.
The new division line shall be agriculturally reasonable and shall
not be so as to render the agricultural use of the tract less efficient,
i.e., under normal circumstances fields and contour strips will not
be split.
C.
Any tract transferred to another tract pursuant to this section shall
be effectively merged with such tract and shall not subsequently be
separated therefrom.
D.
The land transferred pursuant to this section shall not subsequently
be separated from the tract to which it is transferred.
9.
Subdivision of a Tract - Special Exception or Conditional Uses. Subdivision of a tract is permitted when all the land proposed to be separated is of soil capability classes III, IV, V, VI, VII, or VIII and the use being proposed has been approved as a Special Exception or Conditional Use as permitted by § 27-402.
10.
Subdivision Plan Submission.
A.
Each submission for subdivision approval must contain an assignment, both to the land being separated from the original tract and the remaining portion of the original tract, at least one of the original tract's permitted allocation of dwellings permitted by Subsection 4 unless the land being separated from the original tract is being permanently joined to an adjacent tract that either contains an existing dwelling or has allocated to it the right to construct at least one dwelling.
B.
A property owner submitting a subdivision plan will be required to specify on his plan which lot or lots shall carry with them the right to erect dwellings pursuant to Subsection 4. Such plan shall also contain such information as is necessary to enable the Board of Supervisors to determine whether or not the requirements set forth in this Part and in other Parts of this chapter will be met. No lot or parcel may be subdivided or separated from the original tract without such plan having been approved by the Board of Supervisors.
C.
Existing buildings shall not be separated from the original parcel
unless it is determined that they have no functional utility in connection
with the agricultural use of the original tract.
11.
Agricultural Protection Plan. All applications for subdivision or
land development in agricultural districts shall be accompanied by
an agricultural protection plan that provides the following information:
A.
The area, shape, and dimensions of the property and the size and
location of all existing buildings.
B.
Land under active cultivation, land used as pasture, and forested
land or land within woodlots.
C.
Soil information for the tract, including soil series and soil capability
class, subclass, and unit, as classified within the Soil Survey of
Adams County, Pennsylvania and Agricultural Handbook 210 of the United
States Department of Agriculture Soil Conservation Service.
D.
The area, shape, dimension, location, and use of all proposed lots.
The applicant shall demonstrate that the following location and design
considerations have been fully addressed:
(1)
All uses or lots shall be established on non-prime farmland
(Soil Capability Classes III-VIII), when such land is available, or
on lands which cannot reasonably be farmed, due to existing features
of the site such as rock outcroppings or heavily wooded areas, or
due to the fact that the size and/or shape of an area suitable for
farming is insufficient to permit the efficient use of farm machinery.
(2)
Where a property is comprised entirely of prime farmland (Soil
Capability Classes I and II), the least suitable land shall be utilized
for the development.
(3)
Where all non-prime farmland areas have been shown by the applicant
to be unsuitable for development because of slope, drainage, flooding,
sewage disposal, or other characteristics, the least suitable remaining
farmland shall be utilized for development.
(4)
Lots and uses shall be grouped, where possible, adjacent to
other similar lots and uses, both within the subject property and
in consideration of adjacent properties, to avoid a scattering of
development.
