[Ord. 21A, 9/2/1982, § 6.01; as amended by Ord.
28, 7/11/1985, § 6.01; and by Ord. 2010-17, 3/11/2010, § 2]
1.
The purpose of the Agricultural Districts is to promote the continuation
and preservation of agricultural activities in those areas most suitable
for such activities. The intent in establishing the Agricultural District
is also to protect and stabilize the Township's viable agricultural
economy by eliminating uses that are incompatible with farming, but
permitting limited agricultural support businesses.
2.
Consequently, residential uses are limited and any future inhabitants
in the Agricultural Districts must be willing to accept the impacts
associated with normal farming practices. These impacts include inconvenience,
discomfort and the possibility of injury to health and property arising
from normal and accepted agricultural practices and operations including,
but not limited to, noise, odors, dust, the operation of machinery
of any kind, the storage and disposal of manure, and the application
of fertilizers, herbicides and pesticides. Owners, occupants and users
of property within the Agricultural Districts should be prepared to
accept such inconveniences, discomfort, and the possibility of injury
from normal agricultural operations and are hereby put on official
notice that § 4 of Act 133 of 1982/1983, known as the "Right
to Farm Law," may bar them from obtaining a legal judgment against
such normal agricultural operations.
[Ord. 21A, 9/2/1982, § 6.02; as amended by Ord.
28, 7/11/1985; by Ord. 44, 6/11/1998; by Ord. 2006-73, 4/13/2006;
and by Ord. 2010-17, 3/11/2010, § 2]
1.
Permitted Uses. The following uses are permitted, subject to the requirements listed herein and in §§ 27-603 and 27-604 of this Part:
A.
Agricultural uses and necessary buildings, including farm houses,
related to the tilling of the land, the raising of farm products,
the raising and keeping of horses, cattle, and other livestock, the
raising of poultry and poultry products, and the sale of farm and/or
garden products.
B.
Nonintensive animal husbandry.
C.
Intensive animal husbandry, provided that:
(1)
Structures in which livestock or fowl are kept shall be no closer
than 100 feet to any lot line or street right-of-way and 500 feet
to any residentially zoned property.
(2)
The storage of manure shall be in accordance with the requirements
of the Pennsylvania Nutrient Management Act, as amended.
D.
Commercial production and preparation of agricultural products.
E.
Single family detached dwellings.
G.
Public conservation areas for the preservation of open space, water,
soil, forest and wildlife resources.
H.
Golf courses and country clubs.
I.
Churches, associated parish houses and cemeteries.
J.
Cemeteries and monument sales.
K.
Public and private schools.
L.
Public utility and communication uses.
M.
Municipal buildings and facilities, including emergency services,
facilities, sewage and water pumping stations, reservoirs and similar
structures.
N.
Farm-related occupation or business uses and structures incidental
to any of the permitted uses, provided such occupation or business
is less than 5,000 square feet as measured by the ground floor area
and provided:
[Amended by Ord. No. 2021-5, 4/8/2021]
(1)
Roadside stands for the sale of "home-grown" or "homemade" products
when located not less than 20 feet from the street cartway and not
within the street right-of-way.
(2)
Processing of farm products where such use is designed to be
accessory to the raising or growing of such products, such as butchering
or baking, and is located on the same property on which the products
are raised or grown on the premises; however, the processing of such
products from other farms shall also be permitted. The conduct of
the farm-related occupation or business shall be secondary to the
agricultural uses.
O.
Accessory uses and buildings incidental to any of the above permitted uses as provided for in Part 14 of this chapter.
[Added by Ord. 2015-05, 8/13/2015]
P.
Short-term rentals, subject to the following conditions and criteria:
[Added by Ord. No. 2021-5, 4/8/2021]
(1)
A minimum lot size of one acre with an approved and operating on-lot
sewage system or connection to public sewer. If not served by a public
sewer system, evidence that the sewer system is adequate to serve
the maximum number of occupants of the short-term rental unit. The
number of bedrooms permitted for a short-term rental shall not exceed
the number of bedrooms approved for the dwelling unit on the sewage
permit issued for such property. Where there is no sewage permit on
record, the short-term rental shall be limited to three bedrooms unless
proof is provided to the Sewage Enforcement Officer that the septic
system is adequate to handle additional flows. Any short-term rental
advertising more than five bedrooms shall provide proof that the septic
system is adequate to handle such flows by having the system approved
by the Sewage Enforcement Officer, or by providing a septic permit
previously issued by a Sewage Enforcement Officer. If a sewage system
malfunction occurs, short-term rental of the dwelling unit shall be
discontinued until the malfunction is corrected in accordance with
Township and Pennsylvania Department of Environmental Protection requirements.
(2)
An adequate and safe water supply to the property. If not served
by public water, then the owner shall provide annual proof that a
potable water supply is available for the short-term rental unit.
(3)
Fully functioning bathing, toilet and kitchen facilities.
(4)
An operating smoke detector in each bedroom, outside each bedroom
in the common hallways, and on each floor.
(5)
An operating carbon monoxide detector for any open flame (oil or
gas) furnace or gas fireplace and in any attached garage.
(6)
An operating fire extinguisher in any kitchen.
(7)
GFCI outlets located within six feet of any water source, including
but not limited to all sinks, sump pumps, etc., and all electrical
outlets must have approved covers.
(8)
Aluminum or metal exhaust from any dryer, if provided.
(9)
All parking shall be designated on said property and there shall
be no on-street parking permitted at any time. No recreational vehicles,
campers, buses or other large vehicles may be parked on the short-term
rental property at any time, unless otherwise authorized by the Board
of Supervisors.
(10)
The maximum overnight occupancy of a short-term rental is as follows,
unless otherwise authorized by the Board of Supervisors:
|
Number of Bedrooms
|
Maximum Number of Occupants
|
|---|---|
|
2
|
8
|
|
3
|
10
|
|
4
|
12
|
|
5
|
14
|
|
The maximum number of day guests allowed at any one time, in
addition to the overnight occupants, shall be 50% of the maximum overnight
occupancy of the short-term rental. No tents are permitted, and outdoor
overnight sleeping of tenants or guests is prohibited.
| |
(11)
The owner shall apply and receive a permit to operate a short-term
rental from the Township. The application shall require that the owner
provides sufficient information for confirmation that the short-term
rental unit meets the requirements of this Part, and said application
criteria, process and procedure shall be established by resolution.
Any existing short-term rental unit, as of the adoption of this Part,
shall provide certification from Lebanon County verifying an established
and registered short-term rental unit. The Board of Supervisors may
establish a permit fee for any short-term rental unit by resolution.
(12)
The owner shall identify a local designated agent who shall have
access and authority to assume management of the property and take
remedial measures. The local designated agent must reside within the
Township, or within 15 miles of the property. An owner who resides
within the Township, or within 15 miles of the property, may designate
himself/herself as the local designated agent. The local designated
agent shall respond to the Township or the police after being notified
by such official of the existence of a violation of this Part or any
disturbance requiring immediate remedy or abatement. If the local
designated agent is not the owner, this individual shall immediately
advise the owner of any notification of a violation. The local designated
agent and contact information shall be updated annually with the Township.
Q.
Ag service
businesses, provided the following conditions are met:
[Added by Ord. No. 2022-9, 7/14/2022]
(1)
The land housing said business is owned by the proprietor or family-owned.
(2)
The business shall not be subdivided or would otherwise qualify as
a standalone use.
(3)
Shall not permit the assembly or manufacturing of wholesale products
on the property. The services provided shall not be permitted on site
but shall be on the properties and farms where they are contracted
to perform their services.
(4)
Shall maintain a minimum lot size of 20 areas.
(5)
Shall not employ more than 10 employees.
(6)
Shall provide minimum parking of one space per employee plus two
additional parking spaces.
(7)
Any parking of large equipment shall be even with or behind the front
corners of the accessory building which houses said business.
(8)
Shall not be operated from a building or section of a building with
an area larger than 7,000 square feet.
(9)
Any noise and/or dirt produced by the business shall be commensurate
to noise and dirt produced by normal farming activities.
(10)
Said operation shall be maintained at least 50 feet from any adjoining
property.
(11)
An annually signed statement by the owner provided to the Township
verifying said business is based on at least 75% of the services being
provided to the agricultural-related activities or community.
R.
Home-based
businesses, provided the following conditions are met:
[Added by Ord. No. 2022-9, 7/14/2022]
(1)
The proprietor of the home-based business shall reside on the premises
and shall be the property owner or a member of the immediate family
of the property owner.
(2)
The home-based business shall be incidental to the use of the property as a residence, and there shall be no exterior evidence of the occupation nor change to the appearance of the structure to facilitate the operation of the occupation, other than one small sign as provided in Part 17 of this chapter.
(3)
The proprietor may employ not more than one assistant who does not
reside within the dwelling at the property used for the home-based
business.
(4)
In addition to the parking required for the residence, two off-street parking spaces shall be provided for the home-based business plus one additional space for any assistant. Off-street parking improvements shall comply with Part 16 of this chapter.
(5)
Any home-based business or accessory function of a home-based business
shall not be able to be subdivided or qualify as a standalone use
(6)
The home-based business shall be conducted wholly within an accessory
structure and shall not occupy more than 1,000 square feet. This area
shall include all functions or activities of the home-based business.
(7)
The home-based business shall be subject to state and federal laws
and regulations where applicable and shall provide proof of all applicable
state and federal licensing when applicable.
(8)
There shall be no more than one home-based business per property.
(9)
A minimum lot size of one acre.
2.
Conditional Uses. Upon approval of the Board of Supervisors, the following conditional uses are permitted, provided the use complies with the conditions listed herein. Additionally, the applicable requirements of §§ 27-603 and 27-604 of this Part shall also apply:
A.
Semi-public or private recreational areas, game and wildlife hunting
and gunning clubs, camps and structures necessary for the operation
of these uses.
B.
Riding academies, commercial stables, animal hospitals and veterinary
office.
C.
Saw mills and other establishments associated with forestry.
D.
Agriculturally oriented commercial establishments or farm-related
occupation or business uses which is greater than 5,000 square feet
as measured by the ground floor area.
[Amended by Ord. No. 2021-5, 4/8/2021]
E.
Bed and breakfast subject to the conditions set forth in § 27-1423, Subsection 2B, of this chapter.
[Ord. 21A, 9/2/1982, § 6.03; as amended by Ord.
28, 7/11/1985; and by Ord. 2010-17, 3/11/2010, § 2]
1.
All principal buildings, structures and uses erected or established
after September 2, 1982, (the adoption date of this Part) shall comply
with the following requirements:
A.
Existing farms and properties shall be permitted with the following
number of lots based upon a farm or property size as of September
2, 1982 (the adoption of this Part).
[Amended by Ord. No. 2021-5, 4/8/2021]
|
Size of Farm or Property
|
Maximum Number of Lots or Uses
|
|---|---|
|
0 acres to <10 acres
|
Any number in accordance with § 27-604
|
|
10 acres to <50 acres
|
5
|
|
50 acres to <100 acres
|
6
|
|
100 acres to <175 acres
|
7
|
|
175 acres to <250 acres
|
8
|
|
250 acres to <400 acres
|
9
|
|
400 acres or more
|
10
|
|
Existing unsubdivided dwellings principal, nonresidential uses
located on the farm property shall be considered part of the permitted
allotment. Further-more, the maximum permitted number of lots or uses
shall apply whether or not individual lots are subdivided at the time
other uses are established. Resubdivision of lots created after the
adoption of the Part shall also be subject to the maximum allotment
determined from the original farm or property.
|
B.
The following disclaimer must be included in all recorded subdivision
plans and the deeds for all lots created out of any real property
that is or has been zoned or is adjoining and/or adjacent to an agricultural
district, and shall be attached to all building permits for any structure
created on these properties.
"Lands within the Agricultural District are located within an
area where land is used for commercial agricultural production. Owners,
residents and other users of this property zoned, adjoining or adjacent
to an agricultural district 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 and soil amendments. Owners, occupants
and users of this property zoned, adjoining or adjacent to an agricultural
district should be prepared to accept such inconveniences, discomfort
and possibility of injury from normal agricultural operations, and
are hereby put on official notice that § 4 of the Pennsylvania
Act of 133 of 1983, the "Right to Farm Law," may bar them from obtaining
a legal judgment against such normal agricultural operations used
in a prudent manner."
C.
All applications for building and zoning permits to erect a single
family dwelling or principal, nonresidential use structure on unsubdivided
land and all applications for subdivision shall be accompanied by
an agricultural plan identifying the following:
(1)
Size, shape and dimensions of the farm or property; size and
location of all existing buildings; and size, location and use of
all proposed buildings or lots.
(2)
Lots or uses previously approved under these regulations.
(3)
Land under active cultivation and land in woodlots or forests.
(4)
Soil information for the farm or property, including soil series
and soil capability class, subclass and unit as classified within
the Soil Survey of Lebanon County, Pennsylvania, as amended.
(5)
Where federal or state regulations apply, a nutrient plan or
manure management plan and a conservation plan or agricultural erosion
and sedimentation plan, must be obtained before a zoning or building
permit for animal housing facilities can be issued. A copy of the
plans or verification by a certified plan writer, the National Resources
Conservation Service or the Lebanon County Conservation District shall
be included with the permit application.
[Amended by Ord. 2017-07, 9/14/2017]
D.
Manure storage facilities shall meet the setback requirements of
the Nutrient Management and Odor Act, 3 Pa.C.S.A § 501 et
seq.
E.
All applications to erect a single family dwelling and to subdivide
or resubdivide a parent tract shall be subject to the following:
(1)
All single family dwellings and lots to be subdivided shall
be established or located on only farmland as Soil Capability Classes
III — VII, when such land is available.
(2)
The least suitable farmland (highest numbered Soil Capability
Units) shall be utilized for development in all cases, unless the
applicant can demonstrate its unsuitability for the proposed use.
When a soil has been determined to be unsuitable because of slope,
drainage, flooding, sewage disposal deficiencies, or other physical
characteristics, then the least suitable remaining farmland, based
on soil capability classes, shall be utilized for development.
(3)
When the land to be developed is comprised entirely of farmland
classified as Soil Capability Classes I and II, then the least suitable
(highest numbered Soil Capability Units) shall be utilized for development.
(4)
Single family dwellings shall be grouped, where possible, adjacent
to other similar uses and lots to avoid scattering of development.
Dwellings shall be located as far from intensive farm operations as
possible. No subdivision or development shall necessitate any new
streets except that one lot or use may be accessed via an unimproved
fifty-foot right-of-way.
(5)
Application for the last single family dwelling permitted within
a parent tract shall be accompanied by a proposed deed for the residue
land. This proposed deed shall contain a restriction stating that
subdivision and development allotments have been used and that no
further subdivision, development, or establishment of additional single
family dwellings shall be permitted. This restrictive deed shall be
recorded within 30 days of subdivision or permit approval for the
last allowable dwelling. Failure to record this deed, subsequent removal
of the deed restriction, or subsequent subdivision or establishment
of additional dwellings shall constitute a violation of this Part,
punishable in accordance with this Part and the Pennsylvania Municipalities
Planning Code.
(6)
A property owner submitting a subdivision plan shall specify
on the plan which lot or lots will carry with them the right to erect
or place any unused portion of the quota of dwellings the original
parent tract may have. The property owner shall be required to assign
to each lot the right to erect or place at least one dwelling and
demonstrate that the lot can be approved as a location for the placement
or erection of a dwelling unless the lot is being permanently merged
with another parcel that has either an existing dwelling or the right
to erect or place at least one dwelling.
(7)
Any landowner who disagrees with the classification of his or
her land or any part of it by the latest revision of the Soil Survey
of Lebanon County, Pennsylvania, as amended, may submit an engineering
analysis of the soils on the portion of the land that the landowner
seeks to have reclassified as may be allowed under federal and/or
state law.
[Ord. 21A, 9/2/1982, § 6.04; as amended by Ord.
28, 7/11/1985; by Ord. 44, 6/11/1998; and by Ord. 2010-17, 3/11/2010,
§ 2]
1.
A lot area, lot width, lot coverage, yard depths and building height satisfying the requirements of the following table, unless otherwise specified heretofore in §§ 27-602 and 27-603, shall be provided for every dwelling unit and/or principal nonresidential building or use hereafter erected, altered, or established in this district.
[Amended by Ord. No. 2022-9, 7/14/2022]
|
District Requirements
| |||||||
|---|---|---|---|---|---|---|---|
|
Lot Requirements
|
Yard Requirements
| ||||||
|
Use
|
Min. Lot Area
|
Min. Lot Width
|
Max. Lot Coverage
|
Front
|
One Side
|
Total Sides
|
Rear
|
|
Nonresidential
| |||||||
|
Use of building (specified in § 27-602, Subsection 1A through I
|
1 1/2 acres
|
150 feet
|
20%
|
50 feet
|
20 feet
|
40 feet
|
50 feet
|
|
1 1/2 acres
|
150 feet
|
20%
|
50 feet
|
20 feet
|
40 feet
|
50 feet
| |
|
Residential
| |||||||
|
Single family and group family dwellings
|
1 1/2 acres
|
125 feet
|
20%
|
50 feet
|
20 feet
|
40 feet
|
30 feet
|
2.
No building shall exceed two and one-half stories or 35 feet in height
unless authorized as a special exception.
[Ord. 21A, 9/2/1982, § 6.05; as amended by Ord.
28, 7/11/1985; and by Ord. 2010-17, 3/11/2010, § 2]
Off-street parking shall be provided unless authorized as a
special exception.
[Ord. 21A, 9/2/1982, § 6.05; as amended by Ord.
28, 7/11/1985; and by Ord. 2010-17, 3/11/2010, § 2]
Signs shall be permitted in accordance with Part 17 of this chapter.
[Ord. 21A, 9/2/1982, § 6.05; as amended by Ord.
28, 7/11/1985; and by Ord. 2010-17, 3/11/2010, § 2]
The supplementary district regulations in Part 14 shall apply,
where applicable, as additional requirements for this district.
[Ord. 21A, 9/2/1982, § 6.05; as amended by Ord.
28, 7/11/1985; and by Ord. 2010-17, 3/11/2010, § 2]
The environmental and energy requirements in Part 15 shall apply,
where applicable, as additional requirements for this district.
