[Ord. 1974-3, 6/20/1974; Ord. 2/16/1978, §§ II and III; Ord. 10/2/1980, § I; ; Ord. 3/6/1980B, § I; Ord. 11/5/1981, § I; Ord. 11/3/1983, § IV, V, VI and XIII; Ord. 10/4/1984, § VII; Ord. 6/--/1985, §§ VII and VIII; Ord. 1/2/1990B, §§ I, II, III and V; Ord. 9/3/1992, § II; Ord. 12/2/1993, § 3; Ord. 4/1/1993, § 7; Ord. 1995-7, 9/7/1995, §§ 9, 10, 11 and 16; Ord. 1996-4, 4/4/1996, § 3; Ord. 1996-6, 7/3/1996, §§ 7-9; Ord. 1999-10, 7/1/1999, § 1; Ord. 2000-9, 11/9/2000, § 5; Ord. 2001-4, 5/3/2001, § 4; Ord. 2001-7, 9/6/2001, §§ 2 and 3; Ord. 2002-8, 12/9/2002, § 5; Ord. 2003-3, 5/1/2003, § 3; ; Ord. 2004-11, 9/2/2004; Ord. 2005-3, 2/10/2005, §§ 7 and 8; Ord. 2005-7, 10/6/2005, § 3; Ord. 2006-7, 9/7/2006, § 3; Ord. No. 2-2018, 6/7/2018; Ord. No. 1-2022, 1/3/2022; Ord. No. 2-2023, 5/4/2023; Ord. No. 4-2024, 11/7/2024; Ord. No. 3-2025, 7/10/2025]
1. Purpose. The purpose of the Agricultural Zone is to preserve for agricultural use the land best suited for that purpose and thereby strengthen the agricultural economy of the Township. This zone is composed of those areas in the Township whose predominant land use is agricultural. The regulations for this zone are designed to protect and stabilize the essential characteristics of these areas, to minimize conflicting land uses detrimental to agricultural enterprises and to maintain agricultural parcels or farms in sizes, which will permit efficient agricultural operations.
2. Uses Permitted.
A. No building or structure may be erected or used and no land may be used or occupied except for the following principal uses:
(3) Single-family detached dwelling (see §§
27-318, Subsection
2, and
27-318, Subsection
4).
(4) Principal solar energy system (PSES), which shall be permitted in the Solar Energy Overlay District, which use shall be regulated by Chapter
19 of the Code, the Hopewell Township Solar Energy Ordinance of 2022, as may be amended from time to time.
B. The following accessory uses may be permitted when accessory to a permitted principal use:
(1) Accessory buildings and structures including but not limited to private garages, decks and sheds. A deck if put under roof is no longer an accessory structure but is part of the principal building or structure.
(4) Sale of agricultural products (see §
27-304).
(6) Domiciliary care unit (see §
27-301, Subsection
4).
(11) Sewage sludge disposal or agricultural utilization (as regulated by the Land Application of Sewage Sludge Ordinance [Chapter
18, Part
5]).
(12) No-impact home-based business as an accessory use to a residential dwelling (see §
27-301, Subsection
5).
(13) Agricultural-related outdoor recreational use (See §
27-317, Subsection
4).
(14) Accessory solar energy system (ASES), which use shall be regulated by Chapter
19 of the Code, the Hopewell Township Solar Energy Ordinance of 2022, as may be amended from time to time.
3. Uses by Special Exception.
A. The following principal uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to the criteria established in Part
5 of this chapter providing, however, all of such uses shall be located on land of low quality for agricultural uses as defined in §
27-318, Subsection
4B, of this chapter.
| Each use approved as a special exception use by the Township Zoning Hearing Board shall be located upon a separate and approved lot whether intended for transfer of title or not, unless the Zoning Hearing Board in granting the special exception finds that the proposed use is in fact accessory to a principal permitted use currently existing on the property. The lot for the use approved by special exception shall meet all the requirements of this chapter, the Township Subdivision and Land Development Chapter and all requirements of the Pennsylvania Department of Environmental Protection. |
(8) Wireless communications facility (WCF) (either as a principal or accessory use) (see §
27-504, Subsection
7AA).
(9) Concentrated animal feeding operation (CAFO) (See §
27-504, Subsection
7BB(2)).
B. The following accessory uses shall be permitted as special exceptions when authorized by the Zoning Hearing Board. The Zoning Hearing Board shall hear and decide requests for such uses according to criteria established in Part
5 of this chapter.
(3) Any accessory use customarily incidental to any of the principal uses permitted by §
27-204, Subsection
2, or permitted by special exception pursuant to Subsection
3A of this section.
4. Setbacks. Each lot shall provide front, side and rear setbacks not less than the following:
A. Front Setback.
(1) For a nonagricultural use: 35 feet.
(2) For a principal or accessory building: 35 feet.
B. Each Side Setback.
(1) For a principal building: 15 feet.
(2) For an accessory building: 10 feet.
(3) For a nonagricultural use: 10 feet.
C. Rear Setback.
(1) For a principal building: 35 feet.
(2) For an accessory building: 10 feet.
(3) For a nonagricultural use: 10 feet.
5. Building Height. The building height limit shall be 50 feet, except in case of agricultural buildings, in which case there shall be no height limitation.
6. Building Coverage. Not more than 15% of the net area of the lot may be covered by buildings or structures including accessory buildings.
7. Green Area. No less than 70% of the net lot area shall be devoted to green area as defined in this chapter.
8. Lot Area and Lot Width. For each use permitted by right or by special exception, the following lot area and lot width are applicable:
| Use | Minimum Lot Area | Minimum Lot Width |
|---|
A. | Farm | 100 acres | 200 feet |
B. | Single-family dwelling unit: | | |
| With public sewer and water | 20,000 square feet | 100 feet |
| Either public sewer or water | 30,000 square feet | 150 feet |
| Neither public sewer or water | 40,000 square feet | 200 feet |
C. | All other uses | 40,000 square feet | 200 feet |
9. Plan. Every property owner proposing a subdivision of his property for one of the uses permitted in this district, or proposing to establish a new and different use on a portion of his property shall, before effecting such division or before establishing such new use, submit to the Board of Supervisors for approval a plan setting forth in a reasonably accurate manner the land owned by such property owner and the portion of such land proposed to be divided for one of the uses permitted in this district, or to be utilized by the new use to be established, whichever is applicable. 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 the other Parts of this chapter will be met. In the event division of property is proposed, such plan shall set forth which of the lot or lots shown on thereon shall have the right to erect or place any unused quota of dwellings the parcel may have. In the event a subdivision or land development plan is required by the Township Subdivision and Land Development Ordinance [Chapter
22], such plan shall, if the above required data is set forth thereon, meet the requirements of this section. No lot or parcel may be subdivided or separated from the original tract, nor may any new or additional use be established on such tract without the plan required by this section having been approved by the Township Board of Supervisors.
10. Subdivision. Except when necessary to permit the location of a single-family residential unit pursuant to §§
27-204, Subsection
2A(4), and
27-318, Subsection
2, or
27-318, Subsection
4D, of this chapter, no subdivision of land other than land of low quality for agricultural use as defined in §
27-318, Subsection
4B, of this chapter shall be permitted; provided, however, this shall not prevent a parcel from being divided into or among two or more farms which will, after transfer, each contain at least 100 acres, nor shall it prevent a parcel from transferring land to another parcel which will, after such transfer, contain at least as much cropland as the transferor parcel prior to the transfer. Any new division line being created between two farms shall be agriculturally reasonable and shall not be so as to render the agricultural use of the tracts less efficient; i.e., under normal circumstances fields and contour strips shall not be divided. The tracts transferred to a farm or parcel pursuant to this section shall not subsequently be separated from such farm or parcel.
| There must be assigned to both the land being separated from the original tract or parcel and the remaining portion of the original tract or parcel at least one of the original tract's permitted allocation of dwelling units unless that land or parcel is being permanently joined to an adjacent tract or parcel which either contains an existing dwelling or has allocated to it the right to construct at least one dwelling. |
| The property owner must demonstrate that each lot created, which is not being joined to an adjacent tract or parcel, can be approved as a location for the placement or erection of at least one dwelling. |