A.
The regulations of the Agricultural Districts are designed to protect
and preserve the existing agricultural lands of the Township and those
areas where environmental conditions are most conducive to agricultural
operations which will produce high crop yields. Principal protection
and preservation emphasis is concentrated on existing farm land and
conversion to non-farm usage is discouraged. Limited residential,
nonresidential, and farm-related commercial uses are permitted to
facilitate those individuals who may desire to locate in an agricultural
setting.
B.
Agricultural nuisance disclaimer. All lands within this district
are located within an area where land is used for commercial agricultural
production. Owners, residents, and other users in this 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,
soil amendments, herbicides, and pesticides. Owners, occupants, and
users in this 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 Section 4 of the Pennsylvania
Act 133 of 1982, the Right to Farm Law,[1] may bar them from obtaining a legal judgment against such
normal agricultural operations.
[1]
Editor's Note: See 3 P.S. § 954.
[Amended 1-7-2019 by Ord.
No. 2019-01; 12-8-2020 by Ord. No. 2020-04; 6-28-2021 by Ord. No. 2021-2]
The following uses are permitted, subject to the requirements listed herein and in §§ 250-25 and 250-26 of this chapter:
A.
Agriculture, crop farming, pasturing, horticulture, nurseries, aviaries,
hatcheries, apiaries, and similar agricultural uses. Greenhouses are
also permitted.
C.
Pet kennels, provided that they are located a minimum of 100 feet
from any road right-of-way or lot line.
D.
Public conservation areas for the preservation of open space, water,
soil, forest and wildlife resources.
E.
Public park and recreation areas, forest preserves, game refuges
and similar non-intensive uses.
F.
Golf courses and country clubs.
G.
Churches, associated parish houses, and cemeteries.
J.
Customary accessory uses and structures incidental to any of the above permitted uses, as provided for in Article XIX of this chapter, and including, but not limited to, the following:
K.
Agricultural enterprise, education, and tourism, subject to the following
standards:
(1)
Each agricultural activity center (hereinafter "center") is operated
by a for-profit or nonprofit business or organization.
(2)
Each center uses farm land and its accessory farm structures to educate the public on the history, lifestyle, and methods related to farming and agriculture in Pennsylvania through recreational, educational, and tourist activities and exhibits that involve, but are not limited to, agricultural education, agricultural enterprise and agricultural tourism as defined in Article I (Definitions) of this chapter.
(3)
A center shall be operated on farmland of not less than 50 acres
provided however, (1) multiple centers may be located upon such farmland;
and (2) such farmland may be comprised of contiguous or adjacent farmland.
(4)
All principal buildings and activity areas comprising a center shall be a minimum of (1) 100 feet away from any property line and (2) 200 feet from any residential dwelling on an adjacent property not affiliated with the center, except where greater setbacks may be required by Subsection K(5) below.
(5)
Notwithstanding anything to the contrary set forth in this chapter, a center whose use is classified as a concentrated animal feeding operation (CAFO) or a concentrated animal operation (CAO), as defined in this chapter, shall be subject to the requirements and criteria set forth in § 250-24F of this chapter, but shall not be required to meet special exception procedures as set forth in this chapter.
(6)
The owner and/or operator of each center must comply with the following
conditions:
(a)
A land development plan shall be submitted and approved in accordance with Chapter 185, Subdivision and Land Development.
(b)
Primary access to the complex shall connect with collector or arterial roadways as defined in Chapter 185, Subdivision and Land Development.
(c)
Circulating and signage systems adequate to provide for safe
and efficient movement of vehicles, bicycles and pedestrians throughout
the complex during normal operations and special events.
(d)
Plan reflecting adequate parking availability during normal
operations and for overflow parking during special events.
(e)
Report reflecting adequate sewage facilities to meet the needs
of the complex consistent with DEP standards and the East Hanover
Township Act 537 sewage facilities plan.
(f)
Signage system designating each center and reflecting directions
to adjacent centers.
(7)
A master plan for agricultural tourism events shall be submitted
to the East Hanover Township Board of Supervisors to address traffic
control with incorporation of Lebanon County's MPO Congestion Management
Plan Special Events Check List, coordination of services with local
EMS providers, security, special event sanitary facilities, and trash
removal. The plan shall be submitted and approved 60 days prior to
the first scheduled agricultural tourism event. The plan shall thereafter
be updated or supplemented with information applicable to upcoming
events, providing at least 30 days' notice of future events and addressing
any issues raised during previous events.
M.
Municipal buildings and community facilities such as police and fire
protection facilities, museums, libraries, etc.
[Amended 1-7-2019 by Ord.
No. 2019-01; 6-28-2021 by Ord. No. 2021-2]
Upon approval by the Zoning Hearing Board, the following special exception uses are permitted provided the use complies with the conditions listed herein and Articles XXV and XXVII of this chapter. Additionally, the applicable requirements of §§ 250-25 and 250-26 of this chapter, including maximum lot area, shall also apply.
A.
Semipublic or private recreational areas, game and wildlife hunting
and gunning clubs, camps, and structures necessary for the operation
of these areas.
C.
Animal hospitals and veterinary offices.
D.
Sawmills and other establishments associated with forestry.
E.
Agriculturally oriented commercial establishments (e.g., farm implement
dealers, farm machinery and equipment service and repair, feed mills,
seed stores, butchering shops, etc.).
F.
Stockyards, provided that:
(1)
A stockyard use shall be located on a property with a minimum of
10 contiguous acres.
(2)
An off-street area plan shall be provided at the time of application.
This plan shall show maneuverability, parking, and loading of trucks,
trailers, or other vehicles without infringing upon public roadways.
(3)
Slaughter activities shall not be permitted.
(4)
If any stockyard presents a fire hazard, emits smoke, dust or other
air pollutants, noise, light/glare, or creates a nuisance as a result
of the operation, conditions may be attached as deemed necessary to
adequately control and mitigate the potentially detrimental effects
that the activity may have on the surrounding area.
(5)
Any area to be utilized for animal holding or grazing purposes shall
be enclosed by a fence designed for containment. Fences shall be located
a minimum of 10 feet outside of the legal right-of-way of any street.
M.
Airfields, strips, or landing facilities and buildings accessory thereto, as regulated in § 250-253.5 of this chapter.
[Amended 6-28-2021 by Ord. No. 2021-2]
All principal buildings, structures and uses erected or established
after the adoption date of this chapter shall comply with the following
requirements:
A.
Existing farms and properties shall be permitted the following number
of lots or principal uses, based upon the size of the parent tract
as defined by this chapter:
[Amended 12-18-2023 by Ord. No. 2023-03]
|
Size of Farm or Property
|
Maximum Number of Lots or Uses
|
|---|---|
|
0 acres to less than 10 acres
|
Any number of lots in accordance with § 250-26
|
|
10 acres to less than 50 acres
|
5
|
|
50 acres to less than 100 acres
|
6
|
|
100 acres or more
|
7
|
|
Existing unsubdivided dwellings and principal, nonresidential
uses located on the farm or property shall be considered part of the
principal allotment. Furthermore, the maximum permitted number of
lots or uses shall apply whether or not individual lots are subdivided
at the time the uses are established. Resubdivision of lots created
after the adoption date of this chapter shall also be subject to the
maximum allotment determined for the original farm or property. For
the purposes of this section, short-term rental units established
in existing dwellings shall not be considered new principal uses.
|
B.
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 1981 soil survey of Lebanon County, Pennsylvania and Agricultural
Handbook #210 of the United States Department of Agriculture Soil
Conservation Service.
C.
Applications to erect or establish a use or subdivide a farm or property
shall be reviewed subject to the following criteria:
(1)
The least suitable farmland (highest numbered soil capability unit)
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 shall be utilized for development;
and
(2)
Lots and uses shall be grouped, where possible, adjacent to other
similar lots and uses to avoid a scattering of development. Lots and
uses shall not be located near intensive farming operations. Subdivisions
or development shall not necessitate any new streets, except that
one lot or use may be accessed via an unimproved fifty-foot right-of-way;
and
(3)
A maximum lot area of two acres for single-family dwellings is established in the district requirement chart in § 250-26. The purpose of the maximum lot size is to prevent the creation of large lots which remove excessive amounts of agricultural land from crop production. Maximum lot size shall not apply to (a) lot additions for agricultural purposes, (b) subdivision of existing parcels of 10 acres or less in size and (c) subdivision of lots where Township Supervisors determine that physical characteristics of the property (excessive slope, drainage problems, soil limitations, flooding, sewage disposal deficiencies, property shape, etc.) dictate that lot design exceeding the two-acre standard is desirable. Other justification for accepting lot sizes in excess of two acres during the subdivision process include (d) consolidation of residual land after other suitable lots have been removed, (e) inclusion of excess areas which are unsuitable for farming and (f) lot design and layout which would otherwise unavoidably physically isolate the excess land from the remainder of the farm; and
(4)
Establishment or expansion of special exception uses shall not be subject to a specific maximum lot size requirement. However, in addition to satisfying the requirements of § 250-24, special exception applicants who are subdividing land from a farm shall demonstrate that they are generally: (a) Utilizing the least suitable farm land, and (b) Limiting land area acquisition to that acreage necessary for the special exception use and any reasonable future expansion thereto; and
(5)
Application for the last lot or use permitted within a farm or property shall be accompanied by a proposed deed for the residual farmland or property. Said proposed deed shall contain a restriction to identify that subdivision and development allotments have been used and that no further subdivision, development or establishment of additional principal uses shall be permitted. Said restrictive deed shall be recorded within 30 days of subdivision or permit approval for that last allowable lot or use. Failure to record said deed, subsequent removal of the deed restriction or subsequent subdivision or establishment of additional uses or lots shall constitute a violation of this chapter, punishable in accordance with § 250-278 of this chapter.
A lot area, lot width, lot coverage, yard depths, and building height satisfying the requirements of the following table, unless otherwise specified heretofore in §§ 250-23, 250-24 and 250-25, shall be provided for every dwelling and/or principal nonresidential building or use hereafter erected, altered, or established in this district.
A.
District requirements.
|
Lot Requirements*
|
Yard Requirements*
| |||||||
|---|---|---|---|---|---|---|---|---|
|
Use
|
Min. Lot Area
|
Max. Lot Area
|
Min. Lot Width
(feet)
|
Max. Lot Coverage
(percent)
|
Front
(feet)
|
One Side
(feet)
|
Total Sides
(feet)
|
Rear
(feet)
|
|
Nonresidential
| ||||||||
|
1 acre
|
—
|
150
|
20
|
50
|
20
|
40
|
50
| |
|
Use or building specified in special exception in § 250-24
|
1 acre
|
See § 250-25C(4)
|
150
|
20
|
50
|
20
|
40
|
50
|
|
Residential
| ||||||||
|
Single-family detached
|
1 acre
|
2 acres**
See § 250-25C(3)
|
125
|
20
|
50
|
20
|
40
|
50
|
|
NOTES:
| |
|
*
|
Specific uses may have different minimum requirements.
|
|
**
|
Maximum lot size shall not apply to lot additions for agricultural purposes, subdivisions of existing parcels to 10 acres or less in size and subdivision of lots where physical characteristics of the property (excessive slope, drainage problems, etc.) dictate that lot design exceeding the two-acre standard is desirable. [See § 250-25C(3).]
|
B.
No building shall exceed 2 1/2 stories or 35 feet in height
unless authorized as a special exception.
Off-street parking shall be provided in accordance with Article XXI of this chapter.
Signs shall be permitted in accordance with Article XXII of this chapter.
The supplementary district regulations in Article XIX shall apply, where applicable, as additional requirements for this district.
The environmental and energy requirements in Article XX shall apply, where applicable, as additional requirements for this district.
