[Amended 10-2-2001 by Ord. No. 01-13; 5-20-2008 by Ord. No. 08-05]
The purpose of the RA-1 Residence Agricultural District is to discourage the scattering of commercial, industrial, multifamily residential and other urban-type uses throughout predominantly rural areas of the Township; to encourage the continued use of land for agricultural purposes; and to otherwise create conditions conducive to carrying out the purposes of this chapter as set forth in § 500-101.
A building may be erected or used and a lot may be used or occupied
for any of the following purposes and no other:
A.
Agricultural uses, including tilling of the soil, nursery and the
keeping or raising of livestock, birds, poultry, horses and bees,
provided that:
(1)
The minimum lot area shall be 10 acres.
(2)
Any building used for the keeping or raising of livestock, poultry,
birds, horses or bees shall be situated not less than 100 feet from
any street line or property line. For the keeping of bees, adequate
shade and water shall be provided in the immediate vicinity of the
hives.
(3)
The keeping or raising of horses shall be limited to one horse
per two acres.
(4)
The keeping or raising of all other livestock and poultry shall
be limited to five per acre.
(5)
A single-family detached dwelling is permitted on the same lot as this use, provided it meets the area and dimension requirements of § 500-403. A greenhouse or greenhouses and a roadside stand are also permitted, but only as accessory uses to the primary agricultural use, subject to the following restrictions:
(a)
At least 50% of the products sold shall be produced on the premises
where offered for sale.
(b)
Any such stand shall be situated not less than 30 feet from
any street line.
(c)
Such roadside stand shall be a structure with no more than three
enclosed sides.
(d)
No retail sales, except from a roadside stand, shall be permitted
from or in connection with a greenhouse.
B.
Building for public worship.
C.
Cemetery.
D.
Single-family detached dwelling.
E.
Public or private educational institution when authorized by the
Zoning Hearing Board as a special exception, provided that the public
or private educational institution meets the following standards:
(1)
A lot area of not less than five acres shall be provided for
each such use.
(2)
Such use shall have direct access to either an arterial or a
collector highway as designated in the Middletown Township Comprehensive
Plan.
(3)
Such use shall not alter the essential character of the neighborhood
or district in which the property is located, nor substantially or
permanently impair the appropriate use or development of adjacent
property or be detrimental to the public welfare.
(4)
The characteristics of the following are allowable types of
public or private educational institutions.
(a)
Academic schools. To include schools of the following character:
adult schools, correspondence schools, colleges, educational tutoring,
general education, schools for handicapped or retarded persons, public
schools and others of like kind.
(b)
Business and trade schools. To include schools of the following
character: computer programming, electronics, finance, key punch machine
operator, management development, radio and others of like kind.
(c)
Child-care schools. To include schools of the following character:
day camps, day-care centers, kindergarten, nursery schools, pre-kindergartens,
resident camps and others of like kind.
(d)
Dance and music schools. To include schools of the following
character: acrobatic dance, ballet dance, ballroom dance, freestyle
dance, modern dance, music schools, tap dance, twirling schools, and
others of like kind.
(e)
Hobby schools. To include schools of the following character:
cooking, sewing, stained glass making, art and printing schools, and
others of like kind.
(f)
Martial arts. To include schools of the following character:
jujitsu, judo, karate, and others of like kind.
(g)
Occupational licensing schools. To include schools of the following
character: barber schools, beauty culture schools, dental assistant
schools, nursing schools, real estate schools, and others of like
kind.
(h)
Professional and professional licensing schools. To include
schools of the following character: bartender schools, business schools,
chiropractic schools, schools of fashion, schools of modeling, paralegal
schools, photography schools, secretarial schools, travel agent schools,
and others of like kind.
(i)
Religious schools. To include schools of the following character:
Sunday schools, Hebrew schools, Bible schools, and others of like
kind.
(j)
Sports training schools. To include schools of the following
character: basketball, boxing, fencing, golf, gymnastics, tennis,
and others of like kind.
(k)
Tutoring schools. To include schools of the following character:
College Board preparation, math, reading, general tutoring, and others
of like kind.
(l)
Any other schools not in the above subsections which are of
like kind and nature.
(5)
The following types of educational institutions shall not be
permitted:
(a)
Educational institutions dealing with animals such as dog obedience
schools, horseback riding schools, animal grooming schools.
(b)
Driver educational schools.
(c)
Schools for the maintenance and repair of motor vehicles, engines
and aircraft.
(d)
Flying schools.
(e)
Outdoor athletic institutions.
(f)
Schools for the maintenance and repair of appliances, including,
but not limited to, heating and refrigeration, electric repairs, television
repair, washer, dryer, dishwasher, garbage disposal, oven and like
repairs.
(g)
Welder training schools.
(h)
Such other educational institutions having excessive light,
noise, dust, traffic and other safety hazards.
(i)
Firearms training school.
F.
Hospital, convalescent home or nursing home when authorized by the
Zoning Hearing Board as a special exception, provided that:
(1)
A lot area of not less than five acres shall be provided for
each such use.
(2)
The maximum impervious surface ratio shall be 50%.
(3)
Such use shall have direct access to either an arterial or a
collector highway as designated in this chapter.
(4)
Such use shall be served by adequate public water supply and
public sewage disposal facilities.
G.
Telecommunications facility. Telephone central office, electric substation,
or water or sewer pump station when authorized by the Zoning Hearing
Board as a special exception, provided that:
H.
Bed-and-breakfast by conditional use.
(1)
The property must contain a minimum lot area of three acres.
I.
Accessory use on the same lot with and customarily incidental to any permitted use in this district, subject to the applicable provisions of this article and Article XXIV.
K.
Signs as accessory uses when erected and maintained in accordance with the provisions of Article XXVIII.
L.
No-impact home-based business as an accessory use.
M.
Forestry/timber harvesting, providing that it meets the following
standards:
(1)
Scope; applicability. A zoning permit shall be required for
all forestry/timber harvesting activities; however, an individual
property owner need not obtain a permit to cut a tree or trees as
part of normal home maintenance and upkeep, and the following activities
are specifically exempted:
(a)
Removal of diseased or dead trees.
(b)
Removal of trees which are in such a condition or physical position
as to constitute a danger to the structures or occupants of properties
or a public right-of-way.
(c)
Removal of up to five trees per acre of woodlands per year, not to exceed a total of 10 trees per lot or any combination of adjoining lots in common ownership, which are 12 inches or more in diameter measured at breast height (dbh) and not covered by the exemptions in the foregoing two subsections. Removal of woodlands shall not exceed the standards set forth in §§ 500-2601D and 500-2602B. In cases of conflict between the standards set forth in this section and §§ 500-2601D and 500-2602B, the stricter of the standards shall apply.
(d)
When a building permit is issued for a building, structure or use, the permittee may cut down any trees which exist in the space to be occupied by such building, structure or use, or within 30 feet of such building, structure or use, and all space within 10 feet of all sides of any utility line, stormwater conveyance or detention structure, driveway, parking area, water system or sewage disposal system, or permitted accessory uses. Removal of woodlands shall not exceed the standards set forth in §§ 500-2601D and 500-2602B. In cases of conflict between the standards set forth in this section and §§ 500-2601D and 500-2602B, the stricter of the standards shall apply.
(2)
Notification; preparation of a forestry/logging plan.
(a)
Notification of commencement or completion. For all forestry
and timber harvesting operations that are expected to exceed one acre,
the landowner shall notify the Township Zoning Officer at least 10
business days before the operation commences and within five business
days before the operation is complete. No timber harvesting shall
occur until the notice has been provided. Notification shall be in
writing and shall specify the land on which harvesting will occur,
the expected size of the harvest area and, as applicable, the anticipated
starting or completion date of the operation.
(b)
Logging plan. Every landowner on whose land timber harvesting
is to occur shall have a written logging plan prepared by a professional
forester or forest technician in the form specified by this chapter.
No timber harvesting shall occur until the plan has been prepared.
The provisions of the plan shall be followed throughout the operation.
The plan shall be available at the harvest site at all times during
the operation and shall be provided to the Township Zoning Officer
upon request.
(c)
Responsibility for compliance. The landowner and the operator
shall be jointly and severally responsible for complying with the
terms of the logging plan.
(3)
Contents of the forestry/logging plan.
(a)
Minimum requirements. As a minimum, the logging plan shall include
the following:
[1]
Design, construction, maintenance and retirement of the access
system, including haul roads, skid roads, skid trails and landings;
[2]
Design, construction and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips and
water bars;
[3]
Design, construction and maintenance of stream and wetland crossings;
[4]
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways;
[5]
Copies of all required permits submitted as an appendix to the
plan;
[6]
Proof of current general liability and/or worker's compensation
insurance;
[7]
Proof of PennDOT highway occupancy permit or Township driveway
permit for temporary access, as applicable; and
[8]
Copy of Bucks County Conservation District "Letter of Adequacy"
for the proposed erosion control facilities, including associated
plans, reports and other permits as required.
(b)
Map. Each forestry/logging plan shall include a site map containing
the following information:
[1]
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 that property;
[2]
Significant topographic features related to potential environmental
problems;
[3]
Location of all earth disturbance activities, such as roads,
landings and water control measures and structures;
[4]
Location of all crossings of water of the commonwealth; and
[5]
The general location of the proposed operation to municipal
and state highways, including any accesses to those highways.
(c)
Compliance with state law. The forestry/logging plan shall address
and comply with the requirements of all applicable state laws and
regulations, including, but not limited to, the following:
[1]
Erosion and sedimentation control regulations contained in Chapter
102 of Title 25 of the Pennsylvania Code, promulgated pursuant to
the Clean Streams Law (35 P.S. § 691.1 et seq.);
[2]
Stream crossing and wetlands protection regulations contained
in Chapter 105 of Title 25 of the Pennsylvania Code, promulgated pursuant
to the Dam Safety and Encroachments Act (32 P.S. § 693.1
et seq.); and
[3]
Stormwater management plans and regulations issued pursuant
to the Storm Water Management Act (32 P.S. § 680.1 et seq.)
(d)
Compliance with federal law/regulations. The forestry/logging
plan shall address and comply with the requirements of all applicable
federal laws and regulations, including, but not limited to, the best
management practices (BMPs) as set forth at 33 CFR 323.4[a][6][i-xv].
(e)
The forestry/logging plan shall address and comply with the standards set forth in Article XXVI, Natural Resource Protection Standards; Open Space and Buffers, of this chapter. In cases of conflict between this section and Article XXVI, the stricter of the standards shall apply. The forestry/logging plan shall further address and comply with the standards set forth in Chapter 440, Subdivision and Land Development, § 440-406, Stormwater Management. In cases of conflict between this section and § 440-406, the stricter of the standards shall apply.
(4)
Forest practices. The following requirements shall apply to
all forestry/timber harvesting operations in the Township:
(a)
Felling or skidding on or across any public thoroughfare is
prohibited without the express written consent of the Township or
the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare;
(b)
No tops or slash shall be left within 25 feet of any public
thoroughfare or private roadway providing access to adjoining residential
property;
(c)
All tops and slash between 25 and 50 feet from a public roadway
or private roadway providing access to adjoining residential property
or within 50 feet of adjoining residential property shall be chopped
to a maximum height of four feet above the surface of the ground;
(d)
No tops or slash shall be left on or across the boundary of
any property adjoining the operation without the consent of the owner
thereof;
(e)
Litter resulting from a timber harvesting operation shall be
removed from the site before it is vacated by the operator;
(f)
Any soil, stones and/or debris carried onto public roadways
must be removed immediately;
(g)
No forestry/logging use shall be permitted within areas with
slopes of 26% or greater;
(h)
When the harvest is completed, both dirt roads used by the trucks
and skid roads used to drag the logs from the woods to the loading
area must be graded approximately to original contours, and be seeded
and mulched as necessary to establish stable ground cover;
(i)
A no-logging buffer zone with a width of 25 feet shall be maintained
along any street abutting or running through a property on which the
forestry/logging operation is to be conducted. The buffer shall be
measured from the ultimate right-of-way of a public street and from
the easement boundary of a private street. No trees shall be cut,
removed, skidded or transported in a no-logging buffer zone except
as necessary for access to a site from the street;
(j)
A no-logging buffer zone with a width of 50 feet shall be maintained
along all properties abutting a property on which the logging operation
is to be conducted. The buffer shall be measured from the property
line. No trees shall be cut, removed, skidded or transported in a
no-logging buffer zone except as necessary for access to a site from
the street; and
(k)
A no-logging riparian buffer zone with a width of 75 feet shall
be maintained along both sides of any watercourse or canal that abuts
or runs through a property on which the forestry, logging or timber
harvest operation is to be conducted. The buffer shall be measured
from the high-water mark of the watercourse or canal. No trees shall
be cut, removed, skidded or transported in a no-logging riparian buffer
zone.
(5)
Financial security shall be established in a manner acceptable
to the Township to guarantee repair of all damage that may occur to
public streets due to the forestry/logging operations, and to guarantee
compliance with erosion and sedimentation control plans, compliance
with stormwater management plans, and restoration of the site upon
completion of logging operations. Pursuant to Chapter 189 of Title
67 of the Pennsylvania Code, the Township may also require the landowner
or operator to furnish a bond to guarantee the repair of such roads.
(6)
Enforcement.
(a)
Inspections. Any official or employee of the Township may go
upon the site of any timber harvesting operation before, during or
after active logging to: review the logging plan or any other required
documents for compliance with this chapter and inspect the operation
for compliance with the logging plan and other on-site requirements
of this chapter.
(b)
Violation notices; suspensions. Upon finding that a forestry
or timber harvesting operation is in violation of any provisions of
this chapter, the Township shall issue the operator and the landowner
a written notice of violation describing each violation and specifying
a date by which corrective action must be taken. The Township may
order the immediate suspension of any operation upon finding that:
1) corrective action has not been taken by the date specified in a
notice of violation; 2) the operation is proceeding without a logging
plan; or 3) the operation is causing an environmental risk. Suspension
orders shall be in writing, shall be issued to the operator and the
landowner, and shall remain in effect until, as determined by the
Township, the operation is brought into compliance with this chapter
or other applicable statutes or regulations. The landowner or the
operator may appeal an order or decision of an official or employee
of the Township in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.
(c)
Penalties. Any landowner or operator who violates any provision of this chapter or who fails to comply with a notice of violation or suspension order issued under Subsection M(6)(b) shall be subject to a fine of not less than $500 nor more than $1,000, plus costs and attorney's fees, in accordance with Pennsylvania Municipalities Planning Code. Each day of continued violation of any provision of this chapter shall constitute a separate offense.
Unless a greater area or dimensional regulation is stated in § 500-402, Use regulations, for a specific use, all uses in the RA-1 District shall meet the following requirements:
A.
Minimum lot area: one acre.
B.
Minimum lot width: 150 feet.
C.
Maximum density: 0.8 dwelling units per acre.
D.
Maximum building coverage: 15%.
E.
Maximum building height: 35 feet.
F.
Minimum front yard: 50 feet.
G.
Minimum side yard: 30 feet.
H.
Minimum rear yard: 50 feet.
I.
Maximum impervious surface ratio: 30%.
