The purpose of an Agricultural District is to
provide standards for certain agricultural and residential uses in
areas of agricultural activity where public water and public sewerage
are generally not available.
A.
Single-family detached dwellings.
B.
Two-family detached dwellings, provided the lot area
is 25% larger than the minimum required for single-family dwellings
and in compliance with yard and setback requirements for single-family
detached dwellings.
D.
Churches or similar places of worship including parish
houses and parsonages.
E.
Parks, playgrounds, and recreation areas when owned
or operated by the municipality.
F.
Federal, state, and local municipal buildings and
uses, essential services and essential municipal services facility.
G.
Agriculture and agriculturally related operations,
including the following:
[Amended 1-20-2014 by Ord. No. 246; 8-17-2020 by Ord. No. 276]
(1)
Granaries, sawmills, gristmills, and similar agriculturally
related activities.
(2)
Forest reserves, tree farming and crop farming, to include forage,
sod, grain, and feed.
(3)
Vineyards, orchards, nurseries, and gardens.
(4)
Animal husbandry; beekeeping; milk processing; livestock
production, including breeding of dairy and beef cattle, sheep, swine,
horses, ponies, mules, goats, poultry, game birds, fowl, fur animals,
and associated farm animals, excluding farm operations involving indoor
confinement or concentrated animal or animal feed operations CAO/CAFO).
(5)
Commercial production of fruits, vegetables, grains,
flowers, plants and similar products.
(6)
The sale of the products produced by the activities in Subsection
D(1) through (5) in buildings in which the retail area shall not exceed
1,000 square feet in floor area, and set back a minimum of 35 feet
from any property line and 50 feet from any street right-of-way, with
off-street parking provided.
H.
Stables and riding academies.
I.
Signs when erected and maintained in accordance with the applicable provisions of Article V, Signs, of this chapter.
J.
Accessory buildings and uses on the same lot with
and customarily incidental to any of the above permitted uses and
which may include a home occupation.
K.
Planned residential developments on tracts in excess
of 20 acres in accordance with the provisions of this chapter regarding
such development.
L.
Greenhouses.
[Added 1-20-2014 by Ord. No. 246]
A.
Public utility facilities.
B.
Outdoor recreational facilities and organizations
such as private playgrounds, fishing and hunting clubs, swimming clubs
and golf clubs, tennis courts and similar activities, subject to the
following conditions:
(1)
That such use shall occupy a lot with an area of not
less than five acres.
(2)
That all lighting which is necessary as incident to
such use shall be shielded from adjacent properties.
(3)
Along all property lines adjacent to a residential
use, a one-hundred-foot-wide landscaped buffer strip shall be provided.
C.
Campgrounds, trailers or recreational vehicle camps, not for year-round permanent residential occupancy, and subject to the conditions contained in § 360-58C of this chapter.
D.
Cemeteries and related uses, provided no graves or
structures shall be located within 50 feet of any property line of
the cemetery.
E.
Kennels and animal hospitals not located within 100
feet of any property line.
F.
Intensive animal operations.
(1)
Intensive agriculture operations, including, but not
limited to, total confinement and environment controlled animal husbandry,
concentrated animal operations (CAO) and concentrated animal feed
operations (CAFO) not existing or approved at the date of enactment
of this chapter, are subject to the requirements below, any additional
setback requirements and other conditions as the Board of Supervisors
may require:
(a)
Shall be on 25 acres or more.
(b)
1.0 AEU maximum per acre.
(c)
Required to provide:
(d)
Shall be 1,000 feet from any residence other
than property owner's residence.
(e)
Shall be 500 feet from all property lines.
(f)
Waste/manure storage shall be a minimum of 1,000
feet from property lines, including the area of application, and 1,500
feet from all roadways, water wells, waterways, and drainageways.
[Amended 8-17-2020 by Ord. No. 276]
(g)
Greenhouses, when the total buildings are over
50,000 square feet, are considered intensive agriculture.
[Amended 8-17-2020 by Ord. No. 276]
(h)
Applications under this section shall include:
[1]
Site plan by licensed engineer or surveyor,
showing location of buildings, manure storages, contours, water bodies
within 3,000 feet, names, addresses and boundary lines for adjoining
properties, and roads.
[2]
A narrative explaining selection of site and
how adjoining land and water will be protected from exposure of fumes,
pollutants and contaminates. Narrative shall discuss prevailing winds,
topography, proximity to populations, future development, surrounding
vegetation, impact to groundwater in the event of a spill, and the
Township's Comprehensive Plan.
[3]
Groundwater report to include monitoring wells
at the four perimeter boundaries of the farm(s). Report to provide
nitrate concentrations present in groundwater and provide an analysis
of the effect this operation will have on the groundwater. Water samples
shall be taken every six months after operations commence by an independent
service. If nitrate levels exceed NO3 -Nitrogen
(mg/l) of 5.0 in any test well, application of waste onto land on
property must cease until nitrogen [NO3-Nitrogen
(mg/l)] level returns to 5.0 or less.
(i)
Applicant will be required to pay for all costs
of Township review, advertisement, legal fees, and engineering review
per the current fee schedule. In the event a larger facility is required
for public hearings, applicant is responsible for payment, if required,
to obtain larger facility for this purpose.
(j)
If the site is located within 3,000 feet of
a public water supply, the public water supply shall be extended to
the site by the owner and utilized to provide water for this operation.
(2)
Existing or approved intensive agricultural operations
as of the effective date of this chapter, including but not limited
to total confinement, and environment controlled animal husbandry,
concentrated animal operations (CAO) and concentrated animal feed
operations (CAFO) are subject to the following requirements:
(a)
May expand current operation with same type of use. Changing to a different type of operation, e.g., from egg production to turkey production, or addition of an additional type of operation, will be required to meet the requirements of § 360-62F(1) and any additional conditions set by the Board of Supervisors.
(b)
Must be on 10 acres or more.
(c)
1.0 AEU maximum per acre.
(d)
Buildings shall be minimum of 100 feet from
property line and 500 feet from any residence.
(f)
Applications under this section shall include:
[1]
Site plan by licensed engineer or surveyor,
showing location of buildings, manure storage, contours, water bodies
within 3,000 feet, name, address and boundary lines for adjoining
properties, and roads.
[2]
A narrative explaining selection of the site
and how adjoining land and water will be protected from exposure of
fumes, pollutants, and contaminates. Narrative shall discuss prevailing
winds, topography, proximity to populations, future development, surrounding
vegetation, impact to water in the event of a spill, and the Township's
Comprehensive Plan.
[3]
Conservation plan.
[4]
Nutrient management plan.
[5]
Stormwater plan.
[6]
Conservation district approval letters for practicality
of activities.
[7]
Applicant will be required to pay for all costs
of Township review, advertisement, legal fees, and engineering fees
per the current fee schedule. In the event a larger facility is required
for public hearings, applicant is responsible for payment, if required,
of rental cost for the larger facility.
G.
Municipal waste landfills (sanitary landfill). Municipal
waste landfills designed and permitted in accordance with the rules
and regulations promulgated under Act 97 and as it may be amended
from time to time by the Pennsylvania Solid Waste Management Act of
1980[2] shall be permitted as a conditional use when said operation
is located with vehicular access over a roadway with paving a minimum
of four inches thick and at least 24 feet in width connecting said
operation to a roadway classified in the Township Comprehensive Plan
as an arterial roadway and subject to the following conditions and
performance standards:
(2)
Vegetative screening shall be provided by the owner
along all of the property and street boundary lines separating the
landfill from adjacent uses. The screening is to be in the form of
vegetation and the following standards shall apply:
(a)
A minimum of three rows of trees, shrubs, or
other vegetation not less than 50% evergreen material shall be planted
to produce the effective visual barricade.
(b)
At least two different species of trees, shrubs,
or other vegetation shall be utilized. Selected species shall exhibit
different tolerances to insect and disease.
(c)
Species selected must be capable of producing
the effective visual barricade 10 feet in height within five years
of planting.
(d)
Prompt replacement of any dead species shall
be required.
(3)
The following security measures shall be provided:
(a)
Adequate fencing shall be provided at any point
where vehicular access into the landfill may be possible.
(b)
All access points into the landfill shall be
provided with gates that can be locked to prevent unauthorized entry
during times of nonoperation.
(c)
Adequate security lighting shall be required
at points of vehicular access, such as the front gate, scale house,
and other areas of public entry.
(4)
The landfill shall have an adequate number of employees
to operate in accordance with Section 26, Chapter 75, of State Solid
Waste Management Rules and Regulations.
(5)
The landfill shall have posted, in a conspicuous location,
the days and hours of operation.
(6)
A washdown facility or other mechanism shall be provided
to clean off vehicles prior to their entry onto the public road.
However, all mud or debris shall be kept off the public road and adjoining
lands.
(7)
An operations plan shall be provided for all landfill
operations, which shall include the following:
(a)
Procedures to be followed for compliance with
Section 26, Chapter 75, of the Solid Waste Management Rules and Regulations
regarding operation standards for sanitary landfills.
(b)
A schedule of operation hours, provided that
no operation commences prior to 6:00 a.m. or after 7:00 p.m., prevailing
time.
(c)
Procedure for the removal of any mud or debris
on any public road from the ingress or egress of landfill traffic.
(8)
A site plan of the entire property, clearly and legibly
drawn at a scale of one inch equals 100 feet or less shall be provided
and include the following items:
(a)
North arrow, scale and date.
(b)
Topographic contour lines.
(c)
All property lines, including a metes-and-bounds
description and the size of the property expressed in acres or square
feet.
(d)
The location of all existing building, structures,
streets and streams within 500 feet of the proposed landfill.
(e)
The location of the proposed landfill on the
property, and the staging of activities.
(f)
The location of proposed building, structures,
storage areas, access roads and washdown facilities associated with
the proposed landfill operation.
(g)
The location of security fences, gates, lights,
and signs.
(h)
The location and description of required screening.
(i)
The location and description of any erosion
and sedimentation control measures.
(9)
A vicinity plan drawn at suitable scale shall be provided
indicating the following:
(10)
Maintenance bonds.
(a)
A maintenance bond not exceeding 50% of the
full cost of repaving the Township roads servicing the operation,
from the entry to the operation of the first utilized arterial roadway,
as classified by the Township Comprehensive Plan, under such conditions,
in form and with surety as shall be approved by the Township Board
of Supervisors, shall be provided by the operator. In lieu of a bond,
the operator may deposit cash or securities with the Township to secure
said repaving under an escrow agreement approved by the Township Solicitor
and Board of Supervisors.
(b)
The amount of the bond or other guarantee shall
be equal to 50% of the cost of the required repaving as estimated
by the Township Engineer. The amount of financial security may be
increased by up to an additional 10% from each one-year period beyond
the first anniversary date from posting of financial security.
(11)
The landfill operation shall provide the Township
with a user fee as shall be set from time to time by resolution of
the Board of Supervisors payable on a monthly basis. The landfill
production records shall be subject to an annual audit by the Township.
[Amended 11-16-2009 by Ord. No. 224]
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
H.
Surface mining. All new surface mining operations and expansions of existing surface mining operations shall be permitted as a conditional use subject to the following conditions and performance standards contained in § 360-58H of this chapter.
J.
Junkyards on tracts of land in excess of 25 acres in size in accordance with Chapter 193, Junkyards and Junk Dealers.
K.
Public, private and parochial schools, and day-care
centers for the educational needs of the community; provided all outside
active play areas are screened from adjacent residential properties.
L.
Bed-and-breakfast operations.
M.
Convalescent homes, group homes, hospices, and assisted-living
facilities.
N.
Radio and television transmission facilities, electric
or telephone substation, natural and propane gas facilities.
O.
Public utility facilities.
P.
Neighborhood outdoor recreational facilities and organizations
when not operated for gain or profit.
Q.
Limited small businesses:
(1)
Family-owned and operated small businesses are permitted
as a conditional use, subject to the following restrictions, in addition
to any restriction imposed by the Planning Committee or Supervisors:
[Amended 12-16-2019 by Ord. No. 271]
(a)
The lot on which the small business is located
must have been a lot of record on the date of enactment of this amendment
and must be a lot of a minimum of two acres. Existing small businesses
in this area are not subject to lot size requirements.
(b)
Small business shall be secondary to the primary
use of this lot, which shall be a single-family residence.
(c)
Small business shall be owned and operated by
the resident of the primary residential use. No leases or subleases
for small businesses shall be permitted.
(d)
No more than three employees other than family
members are permitted. Appropriate records of employees must be maintained
at all times and must be provided to the Washington Township officials
upon request.
(e)
No offending noise or air pollution may be caused
by the small business.
(f)
No open burning may be done by any small business.
(g)
Sufficient off-street parking, as well as safe
entrance and exit of site, shall be provided.
(h)
All other local, state and federal regulations
must be followed.
(2)
Existing small businesses in the agricultural area must register with the Township office within six months of enactment of this amendment. Failure to be registered within that time will require application for a conditional use for the small business and complete compliance with Subsection Q(1) above.
(3)
Limited small business may erect no more than one nonlighted business
identification ground sign not to exceed 25 square feet and 10 feet
in height and/or wall signs not to exceed 5% of the building facade.
[Added 12-19-2016 by Ord.
No. 262]
R.
Communications towers.
S.
Solar
farms, solar furnaces, and other solar collection systems principally
used to capture solar energy, convert it to electrical energy or thermal
power and supply electrical or thermal power primarily for off-site
use.
[Added 12-21-2020 by Ord. No. 279]
T.
Wind turbines
and other wind collection systems principally used to capture wind
energy, convert it to electrical energy or thermal power and supply
electrical or thermal power primarily for off-site use.
[Added 12-21-2020 by Ord. No. 279]
A.
All buildings, including accessory buildings, shall
not cover more than 30% of the area of the lot.
C.
Where
a parcel greater than 8.0 acres in size is to be subdivided into residential
lots, the minimum lot area may be reduced to one acre, provided that
50% of the original parcel remains as open space, or in agricultural
use. The open space shall be reviewed by the Township Planning Committee
and Board of Supervisors by way of sketch plan, for their approval
before a preliminary plan may be submitted.
[1]
Editor’s Note: This ordinance also provided for the
redesignation of former Subsection C as Subsection D.
D.
When on-lot sewer facilities are to utilized, the
minimum lot size may be increased by the Township Sewage Enforcement
Officer or the Department of Environmental Protection for factors
relating to health and sanitation.
