The following uses shall be permitted in the Agricultural Residential
District:
A.
Single-family detached dwellings.
B.
Individual mobile homes.
C.
Agricultural and agriculturally related operations, including
the following:
(1)
Forest reserves, animal husbandry, crop farming and milk
processing, provided that no stable or similar animal housing or storage of
manure is within 50 feet of any property line. If the size of the animal husbandry
operation requires a nutrient management plan prepared and approved in accordance
with state and federal regulations, then the animal husbandry operation shall
only be allowed according to the requirements in § 150-10D(1).
[Amended 10-24-1995 by Ord. No. 238]
(2)
Graineries, saw mills and similar agriculturally related
activities.
(3)
Vineyards and orchard farming, milk jugging operations,
nurseries and garden crops, and the sale of products thereof in buildings
of one story, not exceeding 1,000 square feet in floor area and set back a
minimum of 35 feet from any lot or street line.
D.
Federal, state and local municipal buildings and uses
and essential services.
E.
Riding stables and animal hospitals, provided that no
stable or similar animal housing or storage of manure is within 50 feet of
any property line.
F.
Sand pits, gravel pits, peat bogs, removal of topsoil
and the excavation, extraction or removal of any natural resource from the
land or ground for any purpose, subject to the following conditions:
(1)
An individual, corporation or otherwise, engaged in or
proposing to engage in the business of surface mining shall be properly licensed
by the Pennsylvania Department of Environmental Protection to engage in such
business.
(2)
Production, processing, excavation, sedimentation ponds
and stockpiling shall not be conducted closer than 200 feet to any street
or property line.
(3)
All extraction operations located within 500 feet of
any residence shall be conducted between the hours of 6:00 a.m. and 7:00 p.m.
(4)
Screening shall be required as defined in this chapter.
(5)
Before a building permit is granted, a plan for rehabilitation,
showing both existing and proposed final contours, shall be submitted and
approved by the Township.
(6)
Before a site reclamation plan approval is granted, the
owner or his or her agent shall execute a certified check payable to the Township
of a bond sufficient in the opinion of the Township to secure the rehabilitation
of the site in accordance with the approved site plan.
G.
Churches or similar places of worship.
H.
Accessory buildings and uses customarily incidental to
a permitted use.
I.
Communication tower facilities for cable television use.
Any site for such a use shall occupy a lot area of not less than four acres
and all such sites shall be properly maintained with grass mowed to a maximum
height of eight inches and shrubbery properly tended. All such sites shall
be fenced, with locked gates, in such a manner as to prevent the entry thereof
by unauthorized persons. In the event that the property is currently cultivated
or in pasture, it may continue to be used for agricultural purposes.
J.
Conversions. Conversions of existing single-family detached
dwellings to two-family dwellings, provided that each unit has one point of
entrance or exit and a minimum of two parking spaces per dwelling unit and
meets Department of Labor and Industry standards.
K.
Lodges and fraternal houses.
L.
Bed-and-breakfasts.
M.
Public utilities (i.e., sewer, water, gas, etc.).
[Added 3-27-2001 by Ord. No. 270]
N.
Federal, state, and local government offices and accessory uses,
and other municipal essential services (i.e., fire, police, nonprofit recreational
facilities, etc.).
[Added 1-25-2005 by Ord. No. 291]
Conditional uses in the Agricultural Residential District shall be as
follows:
A.
Outdoor recreational facilities and recreational organizations
such as public or private playgrounds, fishing and recreational hunting clubs,
swimming clubs, golf clubs, tennis courts and similar activities, subject
to the following conditions:
(1)
That any such organization is incorporated pursuant to
the provisions of a membership corporation or unincorporated associations
with evidence of such submitted with the zoning permit.
(2)
That such uses shall occupy a lot with an area of not
less than five acres.
(3)
That exterior lighting, other than that essential for
the safety and convenience of the users of the premises, shall be prohibited.
All exterior lighting shall be shielded from adjacent properties.
(4)
Along all property lines adjacent to a residential use,
screening shall be provided as defined in this chapter.
B.
Campgrounds, trailer or recreational vehicle camps, subject
to the following conditions:
(1)
Any site shall occupy a lot area of not less than 10
acres, and no building shall be erected within 100 feet of a public road or
lot line.
(2)
The maximum length of any building shall not exceed 150
feet. The distance between buildings shall not be less than 25 feet.
(3)
There shall be a minimum of two points of ingress and
egress.
(4)
All camps shall have a sewage disposal system and water
supply approved by the State Department of Environmental Protection.
(5)
Usable open space. All campgrounds shall provide not
less than 20% of the total land area for usable open space purposes. Usable
open space shall be so located as to be free of traffic hazards and should,
where the topography permits, be centrally located and easily accessible to
all campers.
(6)
Lot size and park density. Each individual lot shall
be a minimum of 50 feet wide and 60 feet deep. The park density shall not
exceed 15 individual lots per gross acre.
(7)
Setback. No trailer, tent, building, etc., shall be located
closer than 15 feet to any integral street within the complex.
C.
Public and private schools, day-care centers, nursing
homes, hospitals and geriatric centers, provided that all outside active play
areas are screened from adjacent properties.
D.
Mobile home parks in accordance with the rules and regulations
of Chapter 125, Subdivision and Land Development.
E.
Municipal waste landfills and residual waste landfills
shall be permitted as a conditional use, subject to the following conditions:
(1)
General. Landfills must be conducted and maintained in
such a manner as to ensure the health, safety and welfare of the citizens
of Antrim Township.
(2)
Location of landfills within the Township.
(a)
Landfills shall not be located in an area with soils
classified by the Soil Conservation Service as prime agricultural soils.
(b)
A landfill shall not be located on property which has
any creek, stream, run or any other free-flowing body of water within 100
feet of the boundary lines of said landfill, nor shall any such creek, stream,
run or free-flowing body of water run through any land upon which it is proposed
to locate a landfill. Temporary water runoff such as that present in swales
after a rainstorm shall not be considered a creek, stream, run or any other
free-flowing body of water for the purpose of this section.
(c)
No part of the landfill shall be established within 500
feet of any occupied dwelling.
(d)
No landfill shall be established within 300 feet of any
building that is currently being occupied by people for periods in excess
of five hours per day.
(e)
No landfill shall be established within 100 feet of a
property line.
(f)
No landfill shall be established within 100 feet of a
public right-of-way. Where the right-of-way is bounded on both sides by a
landfill under a single ownership, the landfill shall be set back 100 feet
on each side of the right-of-way.
(g)
No part of a landfill shall be established within 1,500
feet of a water supply for domestic use.
(3)
Buffer zones; fencing; planting.
(a)
Buffer zone. There shall be a two-hundred-foot buffer
zone between the landfill and the adjoining properties.
(b)
Plantings. Trees and/or shrubs shall be planted to screen
the landfill from view and from adjacent rights-of-way. The plantings must
consist of evergreen trees and shrubs designed and planted so as to completely
screen the landfill from view and create a solid screen six feet in height.
The planting shall be located between the right-of-way line and the fencing
required by Department of Environmental Protection (DEP) rules and regulations,
leaving ample area so as not to obstruct or encroach upon the right-of-way
line when plantings are sufficiently grown, and leaving sufficient area and
space for vehicles to pass between adult plantings and fencing.
(c)
Fencing. Fencing shall be as required by DEP rules and
regulations.
(4)
Hours of operation and dirt and debris from trucks.
(a)
The landfill shall be opened and dumping and depositing
therein shall be permitted only from 7:00 a.m. to 4:30 p.m., Monday through
Friday, and 7:00 a.m. to 11:00 a.m., Saturdays. However, on Saturday immediately
following a week within which a national holiday occurs, the landfill shall
be allowed to remain open from 7:00 a.m. to 4:30 p.m. on that Saturday. The
following are national holidays: Christmas, New Year's Day, Easter, Thanksgiving,
Fourth of July, Memorial Day, Martin Luther King Day, President's Day and
Labor Day.
[Amended 10-24-1995 by Ord. No. 238]
(b)
In order to prevent trucks departing the landfill from
depositing dirt and debris on public roads, all access roads shall be paved
with macadam 1,000 feet from the point the access road intersects with the
public roads, or, in the alternative, all trucks leaving the landfill shall
be washed prior to departing. The truck shall be washed in such a manner to
prevent debris and dirt from being deposited on public roads.
(5)
Conditional use landfill application approval required.
(a)
No person shall start, maintain, continue to maintain
or expand, whether for commercial purposes or otherwise, any landfill within
Antrim Township unless such landfill has an approved conditional use landfill
application from the Board of Supervisors of Antrim Township. Application
for such conditional use approval shall be made to the Board of Supervisors
of Antrim Township and shall be in writing, under oath, and in the form prescribed
by the Board of Supervisors.
(b)
Said application shall contain the following information:
name of the applicant and address for the past five years, the location of
the premises upon which the landfill is to be conducted, and the name of the
owner or owners of said property, if other than the applicant.
(c)
Upon any subsequent applications, the applicant must
provide a statement that during the preceding term of his or her conditional
use approval he or she complied with and maintained the premises in full compliance
with the provisions of this section.
(d)
Each application shall describe the premises upon which
the landfill is to be established, specifying therein setback lines, structures
erected thereon, any premises to be so used, and the book and page number
identifying the deed of record as recorded by the Franklin County Recorder
of Deeds.
(e)
If the applicant is a partnership or association, the
applicant shall furnish the information required in Subsections E(5)(a) and
(b) above for every member of the association or partnership. If the applicant
is a corporation, the applicant shall furnish the information requested in
Subsections E(5)(a) and (b) above for each officer and director thereof.
(f)
The application shall be signed by the applicant if an
individual; by all members if the applicant is a partnership or association;
and by the president, secretary and chairman of the board if the applicant
is a corporation.
(g)
A physical plan of the landfill drawn to scale shall
be submitted with the application, including the following:
[1]
Tract metes and bounds upon which the landfill is to
be maintained, the area presently in use as a landfill and the area for which
a permit has been granted by the Department of Environmental Protection under
the Solid Waste Management Act, as amended.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
All streams, creeks, runs or other free-flowing bodies
of water within 500 feet of any present landfill, all property lines within
200 feet of the landfill, all buildings within 400 feet of the landfill, all
rights-of-way within 200 feet of the landfill and all water supplies for domestic
use within 2,000 feet of the landfill.
[4]
Soil embankments for noise, dust and visual barriers
and heights of soil mounds, including proposed soil erosion and sedimentation
control which has been favorably reviewed by the Soil Conservation Service.
[5]
Stormwater management provisions.
[6]
Interior road patterns identifying their relation to
yard operation and points of ingress and egress onto state and Township roads.
[7]
Source of water, if plans show use of water, and location
of all monitoring wells.
(i)
A separate application is required for each landfill.
(j)
Applications.
[1]
The application, with the required fees, deposits, written
approvals, comments and/or recommendations, as well as other documents or
evidence that may be required by any federal, state or local board or agency,
shall be submitted to Antrim Township at the Antrim Township Municipal Building
during regular business hours, at least 15 calendar days prior to the next
scheduled meeting of the Antrim Township Board of Supervisors at which said
application is to be reviewed.
[2]
The application shall have attached to the application
form, in addition to these aforereferenced approvals, comments and recommendations
of Antrim Township Planning Commission, Antrim Township Zoning Hearing Board,
Antrim Township Zoning Officer, Antrim Township Solicitor, Antrim Township
Administrator and Antrim Township Secretary.
[3]
The comments and recommendations required in Subsections
E(5)(j)[1] and [2] above, shall be obtained at the expense of the applicant
and shall be submitted as required under Subsection E(5)(j)[1].
(k)
Every prospective landfill shall pay an application fee
and an application renewal fee in an amount as set forth from time to time
by resolution of the Board of Supervisors.[2] Said fees are to defray Township costs of administrating this
section.
[Amended 7-8-1997 by Ord. No. 246]
(l)
Approvals shall be issued for a term of one calendar
year.
(m)
The landfill may be inspected and reviewed at any time
during the one-year term of the initial approval of the application. A failure
to comply with this section can result in said approval being revoked by Antrim
Township.
(n)
The Board of Supervisors of Antrim Township, upon receipt
of an application timely filed, shall review said application at its next
regularly scheduled meeting. After an examination of the application, the
Board of Supervisors will consider the suitability of the proposed premises
for the purpose, the character of the property adjacent thereto, the effect
of the proposed use on the surrounding properties, the environment, as well
as the health, welfare and safety of the citizens of the Township. Upon approval
of the application, the Board of Supervisors of Antrim Township shall stamp
the application approved. The name of the landfill owner and address of the
premises approved for use as a landfill shall be designated upon said approval.
Said approval shall be at all times conspicuously displayed and posted upon
the premises. Said approval issued by the Board of Supervisors is not transferable
or assignable.
(6)
Escape of municipal and residual waste. The landfill
shall prevent any municipal and residual waste, including the residue of said
waste, from blowing, leaking or otherwise escaping from the landfill onto
any public or private property in Antrim Township. In the event of a violation
of this section, in addition to any other penalties provided herein, the licensee
shall remove and/or clean any such refuse within 24 hours unless prevented
from doing so in an emergency caused by adverse weather conditions. If the
licensee shall be prevented from cleanup within 24 hours by adverse weather
conditions, licensee shall have 24 hours after the weather condition is clear
to correct the problem.
(7)
Insurance required.
(a)
The landfill shall provide liability insurance in the
amount of $10,000,000 for claims of liability against the Township, the Board
of Supervisors, their employees, agents or representatives. However, the Board
of Supervisors may require the amount of the liability insurance to be increased
in order to prevent adverse effect upon public health and safety or public
welfare and the environment while the landfill is active and after closure.
(b)
Any cancellation of the landfill owner's insurance, either
in part or in total, shall be just cause for revocation of the approval issued
under this section.
(8)
Daily operation/responsibility. The landfill shall be
responsible for the cleanup and policing of all areas and adjacent properties
to which any materials are spread by natural or artificial means from said
municipal waste landfill site.
(9)
Inspection access.
(a)
The Township or its designated agent shall have the right
to enter the landfill site for the purpose of monitoring compliance with this
section without notice during normal operational hours and shall have the
right to inspect during nonoperating hours upon 24 hours' advance notice to
the landfill.
(b)
Pursuant to the Municipal Waste Planning, Recycling and
Waste Reduction Act, 53 P.S. § 4000.101 et seq., certain employees
of Antrim Township have been certified as municipal inspectors to ensure that
municipal waste landfills are in compliance with the Solid Waste Management
Act, 35 P.S. § 6018.101 et seq. Said employees are appointed and
authorized to enforce the Solid Waste Management Act and the Waste Reduction
Act and regulations promulgated pursuant to said acts on behalf of Antrim
Township.
(10)
Enforcement. The enforcement of this section shall be
pursuant to Chapter 118, Solid Waste.
[Amended 7-8-1997 by Ord. No. 246]
(11)
Nuisance. In addition to the enforcement remedies as
set forth in Article XXIV of this chapter, the Board of Supervisors of Antrim
Township hereby declares any accumulation of municipal or residual waste in
violation of this section to be a nuisance, and the Board of Supervisors shall
give written notice to the owner or owners of land upon which said waste is
deposited in violation of this section to remove or cause to be removed such
waste or to abate such nuisance, and upon failure of such owner or owners
to remove such waste or to abate such nuisance and a twenty-day period after
such notice to remove or abate the same, the Board of Supervisors may cause
said land to be entered upon and said waste removed and/or said nuisance abated
and may collect the costs of such removal and/or abatement from the owner
or owners of said land.
(12)
Applicability of other laws. If this section is in conflict
with the Solid Waste Management Act, as amended, the Municipal Waste Planning,
Recycling and Waste Reduction Act, or the regulations promulgated pursuant
to said acts, then the section or act imposing the most stringent requirement
shall apply.
(13)
Definitions.
(a)
The definitions contained in the Solid Waste Management
Act, 35 P.S. § 6018.101 et seq., the Municipal Waste Planning, Recycling
and Waste Reduction Act, 53 P.S. § 4000.101 et seq., and regulations
promulgated pursuant to those acts, are applicable to this section.
(b)
In this section the singular shall include the plural
and the masculine shall include the feminine and neuter.
(c)
BOARD
LANDFILL
PRIME AGRICULTURAL SOILS
As used in this section, the following terms shall have
the meanings indicated:
The Board of Supervisors of Antrim Township.
Includes municipal waste and residual waste landfills.
Soils classified as "prime agricultural soils" in Plat Number 8 of
the Comprehensive Plan for Antrim and Greencastle, dated April 14, 1992, and
approved June 1 and June 9, 1992.
F.
Prisons, detention centers, jails and correctional institutions,
provided that such facilities are located a minimum of 1,000 feet from any
adjoining zoning district boundary.[3]
[3]
Editor's Note: Former Subsection G, which provided for public utilities
as a conditional use, added 10-24-1995 by Ord. No. 238, and which immediately
followed this subsection was repealed 3-27-2001 by Ord. No. 270. Subsequent
Subsection G, pertaining to private swimming pools and added 1-25-2005 by
Ord. No. 291, was repealed 7-26-2005 by Ord. No. 293.
