This district has been established and the regulations
of this article enacted in support of the following purposes:
A.
To encourage the continued farm use of prime agricultural
soils and active farms.
B.
C.
To limit the loss of prime agricultural soils to nonagricultural
uses while allowing a limited amount of development by implementing
development regulations which utilize a sliding scale rather than
a fixed scale.
D.
To provide farm owners with an alternative to the
conversion of agricultural lands to nonagricultural use by accommodating
the transfer of development rights.
E.
To minimize any negative financial impact of sliding-scale
zoning regulations by calculating the development rights which may
be sold from properties in this district according to a conventional,
fixed-scale formula.
F.
To protect farm operators from physical intrusions
and nuisance complaints which may inhibit efficient farm operation.
G.
To accommodate nonfarm uses of land in a manner that
will complement the agricultural purpose of the district.
Throughout this article, frequent reference
is made to "prime agricultural soils" and "prime farmland." For the
purposes of this chapter in general and this article in particular,
these terms shall be synonymous and shall be interpreted as being
those areas whose natural soil cover is a soil type identified by
the Berks County Soil Conservation District as "prime farmland." A
roster of these soil types is found in Appendix A of this chapter.[1] An area need not be in agricultural use in order to be
considered prime farmland and regulated according to the terms of
this article.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
Structures may be erected, altered or used and
a lot or premises may be used for any of the following purposes and
no other:
A.
Uses by right. Uses by right shall be as follows:
(1)
Agriculture, subject to the further regulation of § 131-72, including structures and uses accessory to farm operations to the extent which they support the agricultural function of the property, including barns, silos, bulk bins, roadside stands for the sale of goods grown or otherwise produced on the property and similar uses and structures related to farm operation.
(2)
Woodlands, game preserves, nature preserves, areas
for passive recreation and similar uses related to conservation.[1]
[1]
Editor's Note: Former Subsection A(3), regarding
sale of development rights, which subsection immediately followed
this subsection, was repealed 3-25-2004 by Ord. No. 2004-1. Said ordinance
also provided for the redesignation of former Subsection A(4), (5),
(6) and (7) as Subsection A(3), (4), (5) and (6), respectively.
(3)
Single-family detached dwellings on lots with less
than 1.50 acres of prime agricultural soils.
(4)
Facilities or structures owned or operated by the
Township, a duly created authority of the Township or the county,
state or federal government for the benefit of the general public.
(5)
Uses customarily accessory to the above uses, including but not necessarily limited to private garages and parking areas; signs in conformance with § 131-78; accessory uses set forth and in conformance with § 131-70; and such other accessory uses as may be further regulated by this chapter or other regulations of the Township.
[Amended 8-26-2010 by Ord. No. 2010-01]
(6)
Communications antennas mounted on an existing public
utility transmission tower and communications equipment buildings.
[Added 7-9-1998 by Ord. No. 1998-6]
B.
Uses by condition. The following uses shall be permitted solely upon the granting of a conditional use by the Board of Supervisors in accordance with § 131-100 of this chapter:
(1)
Public or private outdoor recreation areas and facilities, such as parks, playgrounds, picnic grounds, swimming clubs, camps, golf courses and country clubs; provided, however, that the foregoing uses may not be used in combination with the alternatives for development set forth in § 131-15 hereof. Further provided, that vehicular race tracks, amusement parks, driving ranges and miniature golf courses are specifically excluded.
[Amended 8-25-1994 by Ord. No. 1994-10]
[Amended 8-25-1994 by Ord. No. 1994-10; 3-25-2004 by Ord. No. 2004-1]
In the interest of preserving prime agricultural
soils from nonfarm development and/or encouraging agricultural activity
in the Township, a variety of alternatives for land development are
hereby established for this district.
A.
Alternatives for development. The following alternatives
for development of land are hereby provided for in this district.
(1)
Agricultural lots. Detailed regulations for this alternative are found in Subsection C. These regulations address the creation of new farm tracts and the transfer of property between owners of adjoining tracts.
(2)
Creation of new residential lots and existing lots of record. Detailed regulations for this alternative are in Subsection D. These regulations control the number of residential lots permitted upon a tract. This number varies depending upon the size of the tract being divided or the size of the existing lot, whichever is applicable. Maximum lot size for new residential lots is determined by the presence of prime agricultural soils.[1]
[1]
Editor's Note: Former Subsection A(3), regarding
transfer of development rights, was repealed 3-25-2004 by Ord. No.
2004-1. Said ordinance also provided for the redesignation of former
Subsection A(4) and (5) as Subsection A(3) and (4), respectively.
(3)
Creation of lots for other uses. Detailed regulations
for this alternative are in Subsection F. In the interest of minimizing
the permanent loss of prime farmland, no minimum lot size is established,
only yard (setback) requirements and structure separation distances.
Lots with more than 1.50 acres of prime farmland which will not be
farmed or used for permanent open space shall not be created.
(4)
Combining options. Landowners may utilize a combination
of these options.
B.
Siting of dwellings and residential accessory structures.
The following regulations shall apply regardless of the development
option chosen.
C.
Agricultural lots.
(1)
Creation of new independent farms.
(a)
For the purposes of this section, an "independent
farm" shall be interpreted as a tract of land supporting agricultural
activity or activities, including residential and nonresidential structures
and uses customarily accessory to such activity.
(2)
Creation of other agricultural lots. Minimum lot areas specified in Subsection C(1) above shall not apply to lot line adjustments where the purpose of the subdivision is to combine the property being subdivided with an adjacent tract.[2]
[2]
Editor's Note: Former Subsection C(3), regarding
utilization of transferable development rights, which subsection immediately
followed this subsection, was repealed 3-25-2004 by Ord. No. 2004-1.
D.
Creation of new residential lots and existing lots
of record. New lots for residential use and existing lots of record
shall be subject to the following regulations:
(1)
Determining number of permitted residential lots.
(a)
In order to preserve the agricultural function
of existing farms, to minimize intrusions by new nonfarm development
and to minimize the loss of prime agricultural soils to nonfarm use,
residential development shall be in accordance with the following
sliding scale rather than a conventional fixed scale:
|
Size of Tract
(acres)
|
Total Number of
Permitted Dwellings
| |
|---|---|---|
|
Less than 6.00
|
1
| |
|
6.00 to 15.00
|
2
| |
|
15.01 to 45.00
|
3
| |
|
45.01 to 90.00
|
4
| |
|
90.01 to 175.00
|
5
|
|
For each 100 acres over 175 acres, one additional
dwelling shall be permitted.
| ||
(b)
The total number of permitted dwellings noted
above shall include:
[1]
All dwellings which existed on the tract as
of the effective date of this chapter, excluding dwellings which have
been removed or destroyed since such date.
[2]
All dwelling units erected upon the tract without
subdivision since the effective date of this chapter, including accessory
apartments and residential conversion of previously nonresidential
structures.
(2)
Area and bulk regulations for lots with on-site water
supply or on-site sewage disposal shall be as follows:
(3)
Area and bulk regulations for lots with off-site water
supply and off-site sewage disposal shall be as follows:
(a)
Minimum lot area: Residential lots shall cover
the smallest possible area which will safely accommodate such use
(i.e., where on-site sewage disposal is to be provided, the separation
distances from wells must be in compliance with state regulations)
and be in compliance with the requirements shown here.
(b)
Minimum lot width: 75 feet.
(d)
Minimum distance between structures: 30 feet.
(g)
Maximum building height: 30 feet.
(4)
Design and arrangement of lots. Lots shall be designed
and arranged such that construction activity and subsequent residential
use will occupy as little prime agricultural soil as possible. No
residential lot with more than 1.5 acres of prime agricultural soils
will be approved.[3]
[3]
Editor's Note: Former Subsection D(5), regarding
a reduction in the number of transferable development rights, which
subsection immediately followed this subsection, was repealed 3-25-2004
by Ord. No. 2004-1. Said ordinance also provided for the redesignation
of Subsection D(6) as D(5).
(5)
Residential lots created under the provisions of this Subsection D shall not be further subdivided to create additional residential lots.[4]
[4]
Editor's Note: Former Subsection E, regarding
transfer of development rights, which subsection immediately followed
this subsection, was repealed 3-25-2004 by Ord. No. 2004-1. Said ordinance
also provided for the redesignation of Subsection F as Subsection
E.
E.
Creation of lots for other uses. Lots to accommodate
other uses (i.e., other than those related to agriculture or residential
use) permitted in this district by right, by condition or by variance
shall be created in conformance with the following regulations.
(1)
The lot shall be located and designed to support the purposes of this district, as described in § 131-12 hereinabove.
(2)
No lot shall contain more than 1.50 acres of prime
agricultural soils.
(3)
Area and bulk regulations shall be as follows:
(a)
Minimum lot area: Lots for uses other than agriculture,
recreation or permanent open space shall cover the smallest possible
area which will safely accommodate the proposed use and be in compliance
with the requirements shown here.
(b)
Minimum lot width: 100 feet.
(d)
Minimum distance between structures: 30 feet.
