[Ord. No. 2015-03, 6/3/2015]
1.
The purpose of the Agricultural District is to provide for the continuous
agricultural use of the Township's agricultural land areas in which
farming is the dominant land use and the soil types generally consist
of soils that support a diverse and productive agricultural base.
2.
In order to promote the economic viability of agricultural operations,
division of agricultural parcels is strictly limited. Conflicting
or incompatible uses are limited within this district, including residential
dwellings. It is recognized that large areas of contiguous agricultural
land are essential in order to insulate or protect agricultural areas
from incompatible uses. Public utilities, community facilities, and
other infrastructure improvements that encourage or permit conflicting
or suburban uses shall be excluded.
3.
Areas of prime and/or productive agricultural land are protected
and conserved by not only limiting the number of residential units
or nonagricultural related uses, but also by limiting lot sizes, preventing
or limiting the placement of lots on prime and productive soils, and
prohibiting waste materials, consisting of industrial, institutional,
commercial and residential wastes, from being stored or spread or
incorporated or buried or otherwise disposed of onto or into the soils
within the Agricultural District.
[Ord. No. 2015-03, 6/3/2015]
1.
A structure may be erected or used and a parcel may be used or occupied for any of the following purposes and no other, except as provided for in § 27-304 of this chapter.
2.
Agricultural impacts: Residential uses are severely limited and any
future inhabitants in this district must be willing to accept the
impacts associated with normal farming practices. Owners, occupants
and users of property within the Agricultural District should be prepared
to accept such impacts from agricultural operations and are hereby
put on official notice that Section 4 of Act 133 of 1982, known as
the Right to Farm Law,[1] may bar them from obtaining a legal judgment against such
commonly practiced or utilized agricultural operations.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
4.
All uses shall be given its normal, customary meaning unless otherwise defined in Part 2 of this chapter.
6.
Permitted Accessory Uses.
[Amended by Ord. No. 2017-07, 12/6/2017; by Ord. No. 2022-01, 3/2/2022; and by Ord. No. 2022-04, 7/6/2022]
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Accessory dwelling unit (see § 27-1404)
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Accessory farm dwelling (see § 27-1404)
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Alternative energy system (private use) (see § 27-1404)
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Bed-and-breakfast (see § 27-1404)
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Buildings and uses customarily incidental to a permitted principal
use
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Family day-care home (see § 27-1404)
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Farm market or farm co-op (see § 27-1404)
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Farm occupation (see § 27-1404)
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Farm processing establishment (see § 27-1404)
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Garden center (see § 27-1404)
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Home occupation (see § 27-1404)
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No-impact home-based business (see § 27-1404)
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Outdoor furnace and heating device (see § 27-1404)
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Portable storage unit (see § 27-1404)
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Private burial ground (see § 27-1404)
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Produce stand (see § 27-1404)
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Sawmill (see § 27-1404)
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Stable (see § 27-1404)
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Winery (see § 27-1404)
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7.
Principal Uses Permitted as Special Exceptions by the Zoning Hearing
Board.
[Amended by Ord. No. 2022-01, 3/2/2022; and by Ord. No. 2023-05, 11/1/2023]
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Communication facility and tower (see § 27-1404)
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Composting facilities (see § 27-1404)
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Feed and grain mill (see § 27-1404)
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Hunting and fishing preserve (see § 27-1404)
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Infill development (see § 27-1404)
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Intensive agricultural operation (see § 27-1404)
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Public utility building or facility (see § 27-1404)
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Shooting range (outdoors) (see § 27-1404)
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8.
Accessory Uses Permitted by Special Exception by the Zoning Hearing
Board.
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Temporary structure or use
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Buildings and uses customarily incidental to any of the principal
or accessory uses permitted by special exception.
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9.
Prohibited Construction: No permanent structures may be constructed
or placed in a critical environmental area (see Part 13).
[Ord. No. 2015-03, 6/3/2015]
1.
Allocated number of development rights.
A.
The "maximum number of rights allocated" shall include all dwellings
located on the parcel as it existed on November 10, 1976.
B.
Upon each parcel as it existed on November 10, 1976 (date of enactment
of original ordinance), there shall be allocated development rights
according to the following table:
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Size of Parcel
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Maximum Number of Development Rights Allocated
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Less than 5 acres
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1
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At least 5 acres, less than 15 acres
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2
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At least 15 acres, less than 30 acres
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3
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At least 30 acres, less than 60 acres
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4
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At least 60 acres, less than 90 acres
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5
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At least 90 acres, less than 120 acres
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6
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At least 120 acres, less than 150 acres
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7
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At least 150 acres
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8 plus 1 dwelling for each 30 acres over 150 acres
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C.
Acreage will be sole method of determination of the allocated development
rights to any parcel.
2.
The number of development rights as allocated in § 27-403 shall be reduced by one for each and every: group home, single-family detached dwelling, and accessory farm dwelling.
3.
No parcel shall contain less than one development right.
4.
Development rights may be used in any of the following ways:
A.
Development rights may be used on the parcel on which they are allocated
in the Agricultural District (see also § 27-403.7).
B.
Development rights may be transferred for use in the Rural Residential
Receiving District (Part 7) or the Suburban Residential Receiving
District (Part 9).
C.
Development rights can be transferred outside the Agricultural Zoning
District into an existing SR Zoning District subject to the following
provisions:
(1)
One DR may be used for increasing the density of townhouse and
multifamily dwellings from six dwelling units per acre (du/acre) to
eight dwelling units per acre.
(2)
Any development that proposes to use DR to increase its density
must utilize public water and sewer service.
(3)
The use of DR does not modify any requirements of the receiving
area zoning district beyond the provisions contained herein.
D.
Development rights may be transferred to another parcel under common
ownership in the Agricultural District (see also § 27-403.7).
5.
Location of Lots, Residential Structures, Accessory Uses, and Principal
and Accessory Uses Permitted by Special Exception.
A.
Lots, residential structures, accessory uses, and principal and accessory
uses permitted by special exception shall be located so as to:
(1)
Minimize the removal from agricultural use of prime and productive
agricultural soils (Class I, II, and III); and
(2)
Minimize the disruption of the efficient use of farmland and
agriculturally related improvements; and
(3)
Maintain the integrity of existing agricultural and environmental
best management practices (BMP), unless replacement BMP, if needed,
are installed or utilized; and
(4)
Lots shall be located to avoid lengthy access drives except
where it is clearly demonstrated that no other means of access is
possible in order to access a lot consistent with the minimum standards
set forth in this section; and
(5)
The Shrewsbury Township Agricultural Review Committee may provide
advice and recommendation to the Township Planning Commission, Board
of Supervisors, Zoning Officer, and/or the Zoning Hearing Board as
to the best location of lots, residential structures, principal uses,
accessory uses, and/or uses permitted by special exception, as it
relates to Subsection 5.a.(1), (2), (3), and (4).
B.
Clustering is required for all proposed subdivisions containing three
or more lots in accordance to § 27-404.1.c(2).
6.
Calculating Parcel Size: The "parcel" shall include any parcel or
part thereof which was on November 10, 1976, located within the Agricultural
District or Conservation District which is now included in the Agricultural
District.
7.
Limitations of Development Rights in Agricultural District. The provisions
of this section shall apply exclusively to parcels of land legally
existing on November 10, 1976.
A.
Pursuant to this section and regardless of size, no lot subsequently
subdivided from its parcel shall qualify for any additional development
rights.
B.
The subsequent owner of any parcel of land legally existing on the
date of this chapter shall be bound by the actions of previous owners
in that such current owner may subdivide for purposes of additional
uses only that number of lots, if any, remaining from the original
number permitted by this section.
8.
Prior to the use of development rights, either on the parcel to which
they are allocated, or transferred off-site, or otherwise donated
or sold, the lot owner shall complete a form obtainable from Shrewsbury
Township which, when duly executed by Shrewsbury Township Officials,
will allow the applicant to obtain a deed for each development right
remaining on the parcel, which will be recorded if not immediately
used.
[Ord. No. 2015-03, 6/3/2015]
In this district, any structure hereafter erected or any lot
hereafter used or occupied for any lawful purpose shall provide the
minimum dimensions specified below. However, the requirements of Part
14 or 15, as applicable, shall take precedence.
1.
Lot Area, Width and Access.
A.
Lot Area: Except as otherwise set forth in Part 14, or elsewhere in this section, a lot on which a new permitted use other than agriculture or forestry is permitted, shall be no greater than 50,000 square feet in size.
(1)
A larger lot size without the use of additional development
rights may be permitted under the following circumstances:
(a)
The physical characteristics of the land itself, or the proposed
nonresidential use, require a larger lot size in order to properly
locate a building, a driveway, a well, an on-site sewage disposal
system, a sewage reserve area, any required stormwater management
facilities, or other required improvements.
(b)
Residual lots as defined in Part 2 shall be allowed where applicable.
(c)
Small fragments or edges of land that would otherwise remain
outside of, and adjacent to, any proposed lots, which cannot reasonably
be included in a residual lot and which represents the balance of
the parcel being subdivided, may be added to proposed lots even though
the maximum lot size is exceeded.
(d)
Local, state, or federal regulations dictate lot sizes larger
than those permitted by this section.
(2)
Except as permitted by Subsection 1 hereof, lots larger than 50,000 square feet can be permitted only if additional development rights, as permitted by § 27-403.1 of this chapter, are allocated to the lot.
(a)
One development right shall be required for each acre or part
thereof by which the lot exceeds 50,000 square feet.
B.
Lot Width: The minimum lot width for all uses shall be 200 feet,
which shall be abutting a public or private road meeting the requirements
of the Shrewsbury Township Subdivision and Land Development Ordinance.[1] The minimum lot width may be reduced to 100 feet provided
the lot is served by public water and/or public sewer, and that the
lot being served is by a lateral connection only to an existing water
and/or sewer main. Extension of water and/or sewer main to serve new
residential lots is prohibited within the Agricultural District.
[Amended by Ord. No. 2018-04, 6/6/2018]
C.
Lot Access: In addition to provisions in the Shrewsbury Township Subdivision and Land Development Ordinance, and Part 16 of this chapter, the following requirements are provided for all lots in the Agricultural District:
(1)
A single lot not contiguous to other residential lots fronting
on a public road may have driveway access from such public road.
(2)
Subdivisions consisting of three or more lots shall be clustered
on a proposed private or public road. Such road shall contain a single
point of access to an existing public road unless alternate designs
reduce the loss of prime agricultural land and/or the disruption of
the use of farmland.
2.
Principal and Accessory Dimensions:
A.
All lots hereafter created or developed for any lawful purpose shall
provide the minimum dimensions specified below. However, the requirements
of Part 14 or 15, as applicable, shall take precedence.
[Amended by Ord. No. 2018-04, 6/6/2018]
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Dimensions
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Minimum lot width
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*
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Minimum front setback
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**
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Minimum side setback
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15 feet
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Minimum rear setback
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35 feet
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Maximum lot coverage
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30%
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Maximum building or structure height
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40 feet
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Accessory buildings and structures: side/rear setback
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5 feet
[Amended by Ord. No. 2020-01, 8/5/2020] |
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NOTES:
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*
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See § 27-404.1.B above.
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**
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See § 27-404.2.B below.
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3.
Subdivision of Parcels:
A.
In the event of the subdivision of land, irrespective of its intended
use, the subdivided parcels shall meet all applicable requirements
of this chapter, the Shrewsbury Township Subdivision and Land Development
Ordinance,[2] and all requirements of the Pennsylvania Department of
Environmental Protection.
B.
Lots in the Agricultural District shall not be separated from the
original parcel unless it is determined that one of the following
are met:
(1)
The lot being separated is proposed as the location of one or
more dwellings utilizing development rights allocated to such lot
and is no larger than necessary to accommodate all of the development
rights being allocated to such lot; or
(2)
The area being separated represents all of the balance of land
within the original parcel after separating that parcel's permitted
development rights; or
(3)
The land being separated is being merged with an adjacent parcel
that will not, after the inclusion, be larger than 50,000 square feet;
or
(4)
A division line between two parcels is proposed to be straightened
to better facilitate agricultural use of both parcels; or
(5)
The parcel is proposed to be divided into or among two or more
lots, each of which will after transfer contain at least 50 acres
of land and one development right, plus at least 50,000 square feet
of land for each additional development right assigned to such lot.
Any new division line being created between two lots shall be agriculturally
reasonable and shall not be so as to render the agricultural use of
the tracts less efficient; i.e., under normal circumstances, fields
and contour strips will not be split. Any tracts transferred to another
tract pursuant to this section shall be effectively merged with such
tract and shall not subsequently be separated therefrom. No lot created
and/or modified by this section as having at least 50 acres of land
shall subsequently be permitted to subdivide lots or assign land to
dwelling units allocated pursuant to § 27-403.1 of this
chapter, excepting lots required to be larger than 50,000 square feet
pursuant to § 27-404.1.a.(1)(a) of this chapter, so as to
reduce the size of such lot to less than 50 acres; or
(6)
Land is proposed to be transferred to an adjacent parcel which
will after such transfer be at least as large as and contain at least
as much cropland as the transferor parcel prior to such transfer.
The new division line shall be agriculturally reasonable and shall
not be so as to render the agricultural use of the tract less efficient;
i.e., under normal circumstances fields and contour strips will not
be split. Any lot transferred to another parcel pursuant to this section
shall be effectively merged with such parcel and shall not subsequently
be separated therefrom.
C.
The parcel from which lots are being subdivided must retain a minimum
of one development right.
[Ord. No. 2015-03, 6/3/2015]
No topsoil shall be removed from a parcel of land within the
Agricultural District.
[Ord. No. 2015-03, 6/3/2015]
The application or storage of residential, commercial, industrial
or institutional waste products is strictly prohibited within this
district in order to prevent any potential damages to the soil chemistry;
the accumulation of toxins in the soil; the impact on soil microbes
as well as the overall biological community of the soil; to reduce
the risk of soil contamination and ingestion of soil contaminants
by crops and livestock; and to protect the reproductive and overall
health of livestock. It is recognized that waste products could irreversibly
impact the soils within this district thereby rendering them unsafe
for the continued production of agricultural products. However, waste
products which are strictly organic in nature, such as contain composts,
soil conditioners and mulches, are permitted along with the use of
livestock manure.
[Ord. No. 2015-03, 6/3/2015]
In addition to the standards set forth in this Part, all uses
permitted within the Agricultural District shall also comply with:
2.
Off-Street Parking and Loading. All uses in the Agricultural District shall provide off-street parking spaces and off-street loading space according to the provisions set forth in Part 16 of this chapter.
3.
Signs. Signs may be erected and maintained only when in compliance
with the provisions of the Shrewsbury Township Sign Ordinance and
landscaping requirements in the Subdivision and Land Development Ordinance.
[Amended by Ord. No. 2020-01, 8/5/2020]
4.
All proposed subdivisions and developments shall satisfy the requirements
of Part 13, Critical Environmental Areas and Wellhead Protection.
