A.
A1. Agriculture, general.
(1)
Minimum lot area: two acres.
(2)
No structure intended for the "agriculture, general" or "agriculture, intensive" uses, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line, and all exhaust fans shall be directed away from the closest residences.
(3)
The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[1] Notwithstanding anything contained in this chapter to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law[2] and the practices prescribed by the Manure Management Manual.
(4)
Storage and application of pesticides, fertilizers and/or chemicals shall be in accordance with federal and state laws.
(5)
All grazing and pasture areas utilized for this purpose shall be fenced.
(6)
The keeping of exotic animals shall comply with regulations of the Pennsylvania Game Commission and shall require a 10 acre minimum lot area.
(7)
If a lot includes the keeping of more than two grazing animals per acre or 30 chickens or similar poultry overall, it shall be considered to be "agriculture, intensive" and the additional requirements for such use shall apply. See also the Pennsylvania Agriculture, Communities and Rural Environment Act ("ACRE").[3]
(8)
The keeping of animals, other than domestic animals, on less than 10 acres or more of contiguous land shall be subject to the following requirements:
(a)
Livestock shall not be permitted to over-graze any property in Middle Smithfield Township except during the winter months of November through February. Over-grazing shall be defined as grazing to the point of removing all or almost all vegetative growth from the ground, leaving only one inch or less of cover.
(b)
The keeping of grazing animals shall be limited to no more than one grazing animal, as defined, on the first two acres of contiguous land, and one grazing animal per acre in excess of two acres for each additional contiguous acre of land.
(c)
The keeping of both grazing and non-grazing animals on the same acreage described above shall be limited to the maximum number of grazing and non-grazing animals for the acreage provided herein.
(d)
Exemption. Members of youth programs sponsored and organized for the purpose of agricultural education and involving traditional agricultural animals, are hereby exempted from the provisions of this subsection, during the keeping and raising of traditional agricultural animals within the parameter of the youth programs.
(9)
Silos shall be situated not less than the height of the silo from any street or property line.
(10)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.
(11)
The keeping of chickens or similar poultry on less than 10 acres of contiguous land shall be subject to the following requirements:
(a)
No more than 25 chickens or similar poultry shall be permitted on a lot size between two and five acres. Roosters are not permitted.
(b)
No more than 30 chickens or similar poultry shall be permitted on a lot size between five and 10 acres. Roosters are not permitted.
(c)
If a lot includes the keeping of more than 30 chickens or similar poultry, it shall be considered "agriculture, intensive" and the additional requirements for such use shall apply.
(d)
The lot shall have an existing single family residence.
(e)
Chickens:
[1]
A coop is required for the keeping of chickens. The minimum coop size is three square feet per chicken. The coop shall be stationary, secure, roofed and enclosed in a way that contains the chickens. An outside run for chickens is permitted when attached to the coop and enclosed in such a manner as to securely contain the chickens. A coop, with or without an outside run, requires the issuance of a zoning permit and must meet setbacks for an accessory building.
[2]
It shall be unlawful to allow chickens to run at large upon adjoining properties.
[3]
Chicken manure shall not be allowed to accumulate to the degree that it becomes a public health hazard or odor, insect or other nuisance.
B.
A2. Agriculture, intensive.
(1)
Minimum lot area: 10 acres.
(2)
If a lot includes the keeping of more than two grazing animals per acre or 30 chickens or similar poultry overall, it shall be considered to be "agriculture, intensive" and a 10-acre minimum lot area shall be required. Animal equivalent units shall be calculated as provided in state nutrient management regulations, except that only contiguous land shall be considered in each calculation. See also the Pennsylvania Agriculture, Communities and Rural Environment Act ("ACRE").[4]
(3)
All other rules and regulations set forth in Subsection A, A1. Agriculture, general, to the extent not in conflict with other supplementary regulations set forth in this Subsection B, A2. Agriculture, intensive, shall apply and are incorporated herein by reference as though set forth in its entirety.
(4)
Any building or structure used for the keeping or raising of livestock or poultry shall be situated not less than 100 feet from any street or property line that is not in common ownership with the tract of land where the animals are kept. Livestock and poultry are not permitted to run at large onto streets or the property of others, without the permission of the other property owner. A fenced-in area for the keeping of livestock and poultry shall be provided and shall not be less than 100 feet from a dwelling other than the owner's.
(5)
Silos shall be situated not less than the height of the silo from any street or property line.
(6)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.
C.
A3. Forestry.
(1)
Forestry shall require a zoning permit, and these regulations, shall apply when the total harvesting area is 1/2 acre or greater in a calendar year, except as otherwise noted below. These provisions shall not regulate the following:
(a)
Cutting of up to 10% of trees with a trunk diameter of six inches or greater (measured 3.5 feet above the ground level) on a lot in any calendar year, provided such cutting does not involve clear-cutting but instead involves routine thinning of woods;
(b)
Cutting of trees with a trunk diameter of less than six inches (measured 3.5 feet above the ground level);
(c)
Cutting of dead, dangerous, diseased or insect infested trees; and
(d)
Cutting of trees that the applicant proves to the Zoning Officer is necessary to accommodate a Township-approved subdivision, land development, street, driveway, building, utility or use.
(2)
An application for forestry shall be made a minimum of 30 days prior to the start of work. No forestry shall occur until a permit has been issued by the Zoning Officer.
(3)
The application shall include a written timbering plan, which shall be prepared by a qualified professional. The provisions of the plan shall be followed throughout the operation. The plan shall be available for inspection at the harvest site at all times during the operation.
(4)
The landowner, the applicant and the timber operator shall be jointly and separately responsible for complying with the terms of the logging plan and permit.
(5)
Logging plan.
(a)
The applicant shall specify, in writing, the land on which harvesting will occur, the expected size of the harvest area and the anticipated starting and completion date of the operation. The zoning permit shall be valid for up to two years from the date of issuance.
(b)
The logging plan shall include, at a minimum, the following information:
[1]
Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.
[2]
An erosion and sedimentation control plan prepared by a qualified professional in accordance with the requirements of Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.), to the extent applicable to the proposed timber harvest, or such future succeeding regulations. In the event that the proposed timber harvest would require County Conservation District or Pennsylvania DEP approval of an erosion and sedimentation control plan and/or stormwater control plan, the applicant shall provide such approvals as part of applicant's application for zoning permit.
[3]
All timbering activities shall use best management practices which shall be shown on the plan.
[4]
A narrative of all stream and road crossings, including required permits from the appropriate agency.
[5]
All Township and/or PennDOT highway occupancy permits, if applicable.
[6]
An application shall be submitted to the Township, with a map showing the following:
[a]
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within the property.
[b]
Significant topographic features related to potential environmental problems.
[c]
Location of all earth disturbance activities, such as roads, landings and water control measures and structures.
[d]
The general location of the proposed operation to municipal and state highways, including any access to those highways.
[7]
The application shall also include the name and address of the property owner and the person who will be responsible to oversee the forestry operations.
(6)
Forestry practices.
(a)
Felling or skidding on or across any public street is prohibited without the express written consent of the Township or PENNDOT, whichever is responsible for maintenance of the street.
(b)
No tops or slash shall be left within 25 feet of any public street, property line or private roadway providing access to adjoining property.
(c)
All tops and slash between 25 feet and 50 feet from a public street right-of-way or private road providing access to adjoining property or within 50 feet of adjoining property shall be lopped so that they do not extend more than four feet above the surface of the ground.
(e)
All earthmoving within this area shall be minimized or fully avoided.
(f)
No tops or slash shall be left within a stream channel or floodway. Unless fully delineated, a floodplain shall be assumed to be all that area within 50 feet from the center of a waterway.
(g)
The use of clear-cutting must be fully justified by a forestry plan prepared by a qualified professional. Clear-cutting shall be prohibited on slopes greater than 25%.
(h)
A 20-foot minimum setback shall be maintained for forestry operations from a public street right-of-way and from any lot line of property, except such lot line setback shall not apply if the adjoining property owner provides a written, notarized and signed waiver of the setback to the Zoning Officer.
(7)
Public road responsibility. The landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the forestry operations to the extent the damage is in excess of that caused by normal traffic. The applicant shall document the structural condition of the public roads that will serve as the primary routes by trucks to the use, including core borings and pictorial documentation, for review by the Township Engineer. If it is determined that the roads are not able to support the proposed design loads coming from the proposed operation and/or will be expected to exceed to design capability of the original road design, then the Township shall require that the applicant post financial security to cover the costs of damage that may occur to public roads as a result of the trucks. Such financial security shall remain in full force until the Board of Supervisors issues a written notification that all provisions of this chapter and the permit have been complied with, provided that the Township has an engineered study of the condition of the said roads, including a traffic study of said roads involved; if not then the financial security requirement is waived per forestry regulations regarding the hauling of timber over public roads.
(8)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.
D.
A4. Kennel, state licensed.
(1)
Minimum lot area: six acres.
(2)
Minimum setback. All boarding buildings, outdoor pens, stalls and runways shall be located at least 200 feet from all residential lot lines in a residential zoning district.
(3)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.
(4)
Outdoor running areas shall be fenced in a manner that restricts access and provides for a full enclosure. Runs for dogs shall be separated from each other by visual barriers a minimum of four feet in height to minimize dog barking.
(5)
No animal shall be permitted to use outdoor runs from 11:00 p.m. to 6:00 a.m. that are within 200 feet of an existing dwelling in a residential zoning district.
(6)
The keeping of exotic animals shall not be permitted.
(7)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.
E.
A5. Kennel, private, non state-licensed.
(1)
Minimum lot area: six acres.
(2)
All buildings in which animals are housed and all runs shall be located at least 200 feet from all residential lot lines in a residential or conservation zoning district.
(3)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot routinely be heard within any adjacent principal building.
(4)
Kennels covered by this use category must be constructed and operated in accordance with the Canine Health Board Standards for Commercial Kennels, as established by the Commonwealth of Pennsylvania, as may be amended from time to time.
(5)
The keeping of exotic animals shall not be permitted.
(6)
All other rules and regulations set forth in Subsection D, A4. Kennel, state licensed, to the extent not in conflict with other supplementary regulations set forth in this Subsection E, A5. Kennel, private, non state-licensed, shall apply and are incorporated herein by reference as though set forth in its entirety.
(7)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.
F.
A6. Nursery.
(1)
Minimum lot area: five acres.
(2)
No structure intended for the "nursery" use, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line.
(3)
Storage and application of pesticides, fertilizers and/or chemicals shall be in accordance with federal and state laws.
(4)
The maximum impervious surface ratio shall be 10%. This ratio may be exceeded provided the requirements of intensive agriculture are met and provided intensive agriculture is a permitted use in the applicable zoning district.
(5)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.
G.
A7. Riding academy.
(1)
Minimum lot area: 2.5 acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.
(2)
No structure intended for the "riding academy" use, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line.
(3)
No corral or fenced-in area shall be within 50 feet of any street or lot line.
(4)
All animals, except while exercising or pasturing, shall be kept within a completely enclosed building which was erected and maintained for that purpose.
(5)
The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[5] Notwithstanding anything contained in this chapter to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law[6] and the practices prescribed by the Manure Management Manual.
(6)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.
H.
A8. Stable (other than a use H13 Private stable).
(1)
Minimum lot area: 2.5 Acres for the first horse or similar animal, plus one acre for each additional horse or similar animal.
(2)
No structure intended for the "riding academy" use, other than a dwelling or residential accessory use, shall be constructed within 100 feet from any adjoining street or property line.
(3)
No corral or fenced-in area shall be within 50 feet of any adjoining street or property line.
(4)
All animals except while exercising or pasturing shall be kept within a completely enclosed building which was erected and maintained for that purpose.
(5)
The location of manure storage and processing facilities shall conform to the requirements of the Pennsylvania Nutrient Management Act.[7] Notwithstanding anything contained in this chapter to the contrary, all manure shall be managed in a manner that complies with the Clean Streams Law[8] and the practices prescribed by the Manure Management Manual.
(6)
This use shall comply with all applicable federal, state and Middle Smithfield Township laws, rules, ordinances, and/or regulations.