A.
Purpose of zone.
(1)
This zone intends to protect the large concentrations of sensitive environmental and passive recreational areas which are important natural areas within the Township and the larger region. Permitted uses have been selected to encourage the most appropriate conservation/recreation activities for these unique geological and topographical features and avoid defoliation, deforestation, and destruction of ground cover. In addition, limitations on the development and disturbance of this area's steep slopes will help to minimize stormwater runoff, flooding and soil erosion.
(2)
The provisions of this zone have been specifically formulated to satisfy Section 604(3) of the Act,[1] which requires local zoning ordinances to "promote, protect and facilitate the preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains." This zone also incorporates resource protection policies recommended by the Township Comprehensive Plan.
B.
Principal uses permitted by right.
(1)
Agriculture and horticulture, including one single-family detached dwelling contained on the site. This use shall also expressly exclude concentrated animal feeding operations (CAFOs) and concentrated animal operations (CAOs) and commercial produce operations, all as defined herein.
(2)
Forestry uses.
(3)
Single-family detached dwellings.
(4)
Municipal and governmental uses.
(5)
Cemeteries, including pet cemeteries.
(6)
Churches and related uses, with a maximum permitted lot area of five acres and subject to the requirements of § 205-61 of this chapter.
(8)
Parks and playgrounds.
(9)
Accessory uses customarily incidental to the principal uses in this zone, including, but not limited to, the following:
(a)
Agricultural short-term rental, only conducted as an accessory use to a principal agricultural use of the property, and subject to the requirements of § 205-107 of this chapter.
(d)
Co-located communication antennas upon existing structures, subject to the requirements of § 205-62 of this chapter.
(g)
Temporary family housing, as defined herein, subject to the requirements of § 205-73 of this chapter.
(h)
Family child-care homes, as defined herein subject to the requirements of § 205-63 of this chapter.
(i)
Farm occupations, as defined herein, if conducted as an accessory use to a principal agricultural use of the property with a minimum of 10 acres, and subject to the requirements of § 205-75 of this chapter.
(k)
Freestanding communication antennas, towers and equipment, subject to a special exception as an accessory use pursuant to the requirements of § 205-80 of this chapter.
(m)
Garages and sheds for the storage of personal vehicles and or personal property, attached or detached to the dwelling unit.
(n)
Gardening and raising of plants for personal use.
(p)
Man-made lakes, dams, ponds, and impoundments, subject to the requirements of § 205-95 of this chapter.
(q)
Manure storage facilities, as an accessory use to an agricultural or horticultural use if contained upon a farm, subject to the requirements of § 205-97 of this chapter.
(r)
No-impact home-based business, as defined herein.
(s)
Noncommercial keeping of livestock, as defined herein, subject to the requirements of § 205-104 of this chapter.
(u)
Outdoor residential athletic courts (e.g., basketball, boccie, handball, tennis, volleyball, etc.) subject to the requirements of § 205-108 of this chapter.
(w)
Parking and/or storage of recreation vehicles and personal cargo trailers, subject to the requirements of § 205-110 of this chapter.
(x)
Play structures, as defined herein, provided such structures are confined to the side or rear yard and are located no closer than 15 feet from the closest side and or rear lot line.
(y)
Residential short-term rental, only conducted as an accessory use to a principal residential use of the property, and subject to the requirements of § 205-107 of this chapter.
(aa)
Roadside stands for the seasonal sale of agricultural products subject to the requirements of § 205-119 of this chapter.
C.
D.
Principal uses permitted by conditional use (subject to the review procedures of § 205-162 of this chapter).
E.
Site planning objectives. To enhance compatibility between proposed residential development and adjoining natural features, applications shall furnish evidence that the following specific design objectives have been satisfied through the design of the proposed use:
(1)
Minimize the loss and/or disturbance of valuable natural features (including but not limited to productive farmland) as documented pursuant to the regulations contained within Article V of this chapter;
(2)
Group residential lots on the subject property and, if applicable, with those lots contained on adjoining properties;
(3)
Successfully integrate valuable natural features during and after the development process as documented pursuant to the regulations contained within Article Vof this chapter with priority towards protection of the environment; and
(4)
Assure adequate vehicular access to future residences not currently proposed.
F.
Driveways and access drives. All driveways serving single-family dwellings shall be in accordance with § 205-24 of this chapter. All access drives serving other uses shall be in accordance with § 205-20 of this chapter. All lanes exclusively serving agriculture, horticulture and/or forestry-related uses shall be exempt from driveway and access drive requirements in §§ 205-24 and 205-20, respectively, except those related to the clear sight triangle listed in § 205-24C of this chapter.
G.
Agricultural nuisance disclaimer. All lands within the Conservation Zone are located within an area used for commercial agricultural production. Owners, residents and other users of property within this zone 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 Pennsylvania Act 133 of 1982, the "Right to Farm Law,"[2] and the Agriculture Communities and Rural Environment (ACRE), Pa. Act 38 of 2005,[3] may bar them from obtaining a legal judgment against such normal agricultural operations. From the effective date of this chapter, all subsequent subdivision plans submitted within the C Zone shall require a note which duplicates this section, and which must be transferred to the purchaser by the seller.
H.
General provisions. All uses permitted within this zone shall also comply with the applicable general provisions in Article III of this chapter.
I.
Environmental protection standards. All uses permitted within this zone shall also comply with the applicable environmental protection standards contained within Article V of this chapter.
J.
Area and design requirements within the C Zone. All uses within the Conservation Zone shall comply with those standards listed in the following Table 205-13J.
Table 205-13J, Area and Design Requirements Within the C Zone | ||||||||
|---|---|---|---|---|---|---|---|---|
Minimum Required Lot Width | Required Minimum Yard Setbacks | |||||||
Use | Minimum Required Lot Area | At Building Setback | At Lot Frontage | Front | Each Side | Rear | Maximum Permitted Impervious Lot Coverage | Maximum Permitted Height |
Agriculture and horticulture uses1,2 | None | 200 feet | 200 feet | 50 feet | 50 feet | 50 feet | 10% | 150 feet, provided each structure is set back a distance at least equal to its height from each property line |
Municipal and governmental uses2 | None | None | None | None | None | None | 60% | Unlimited |
Single-family detached dwellings2 | 80,000 square feet | 200 feet | 200 feet | 40 feet | 25 feet | 40 feet | 20% | 35 feet |
Forestry and other principal uses2 | 80,000 square feet | 200 feet | 200 feet | 50 feet | 50 feet | 50 feet | 20% | 35 feet |
Residential accessory uses | Included in above | N/A | N/A | Not permitted in front yard, unless a minimum 50 feet setback is provided | Structures up to 400 square feet | |||
10 feet | 10 feet | Included in above | 20 feet | |||||
Structures exceeding 400 square feet | ||||||||
Same as principal setback | ||||||||
NOTES: | |
|---|---|
1 | Special setback requirements. Except as provided for as follows, no new slaughter area, area for the storage or processing of garbage, agricultural by products or composted materials, structures for the cultivation of mushrooms shall be permitted within 300 feet of any adjoining property. 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 less than 100 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety and general welfare of the community. |
2 | All uses relying upon on-lot sewers shall comply with § 205-42 of this chapter. |