[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.
3. 
Accessory Uses. The following accessory uses are permitted when used in conjunction with a principal use or structure:
A. 
Produce stands, subject to the conditions of Part 16.
B. 
Storage garages for vehicles used in the operation of the principal use.
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.
3. 
Development Standards. Development undertaken in this district shall be in accordance with the standards of § 27-403, Subsection 1.
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.