[Ord. No. 2022-02, 7/11/2022]
1.
Purposes.
A.
To provide for moderate density development opportunities on properties
less than 12 acres in area and in areas that do not comprise prime
agricultural lands;
B.
To protect and promote the continuation of agriculture, particularly
in areas with prime agricultural lands, consistent with the Governor's
Executive Order 2003-2 dated March 20, 2003;
C.
To support the Governor's Executive .Order regarding the irreversible
conversion of primary agricultural land to uses that result in its
loss as an environmental and essential food and fiber resource across
the Commonwealth of Pennsylvania;
D.
To implement and support the purposes and objectives authorized and
directed by the Agricultural Land Preservation Policy as established
by the Governor's Executive Order (4 Pa. Code §§ 7.301
– 7.307);
E.
To implement policies of Future LV: The Regional Plan, which emphasizes
the need for effective growth management to preserve farmland of high
preservation value;
F.
To strengthen and preserve strong agricultural activity to facilitate
farming as a viable component of the local economy;
G.
To promote agricultural land uses and activities and other uses and
activities which act in direct support of agriculture;
H.
To protect and stabilize the essential characteristics of areas in
the Agricultural District, to minimize conflicting land uses detrimental
to agricultural enterprises, and to limit development which requires
roads, highways, infrastructure, municipal services, and other public
facilities in excess of those required by agricultural uses;
I.
To maintain the land resource base, that is, agricultural parcels
or farms in sizes which will permit efficient, profitable agricultural
operations. In this regard, the Board of Supervisors recognizes that
large farmland tracts are desirable because the size of farmland tracts
is directly related to the economic viability of farming operations
with respect to use of modem machinery, soil conservation programs
and the ability to recycle manure and other agricultural by-products.
The Board of Supervisors also recognizes, however, that not all farming
operations need to be conducted on a large scale with the use of significant
machinery and other efficiencies and believes that there should be
a place for smaller "farmettes" to provide an opportunity for more
residents to participate in the agricultural base of this community.
For Lower Mount Bethel, a minimum of 10 acres is the appropriate size
for such farmettes based upon factors which include, without limitation,
the following:
(2)
The Northampton County agricultural easement acquisition program
allows for tracts as small as 10 acres to be preserved;
(3)
Pennsylvania Act 43, the Agricultural Area Security Law (3 P.S.
§ 901 et seq.), requires that tracts be 10 acres or more
in size to be added to the lands protected by these provisions;
(4)
The Lehigh Valley Planning Commission has used 10 acres as such
an appropriate threshold for many years;
J.
To the extent practicable, to keep agricultural land use and activities
separate from incompatible residential, commercial and industrial
development, and public facilities;
K.
To further the direction and authorization set forth in the following
sections of the Municipalities Planning Code: § 604(3) [53
P.S.§ 10604(3)], which directs that zoning ordinances contain
provisions designed to "preserve prime agriculture and farmland";
§ 603(b)(5) [53 P.S. § 10603(b)(5)], which authorizes
this Township to permit, regulate and determine protection and preservation
of prime agricultural land and activities; § 603(c)(7) [53
P.S. § 10603(c)(7)], which authorizes provisions to promote
and preserve prime agricultural land; § 603(g)(1) [53 P.S.
§ 10603(g)(1)], which directs that zoning ordinances shall
protect prime agricultural land and may promote the establishment
of agricultural security areas; § 603(h) [53 P.S. § 10603(h)],
which provides that zoning ordinances shall encourage the continuity,
development and viability of agricultural operations and protects
agricultural operations where agriculture has traditionally been present;
and § 606 (53 P.S. § 10606), which provides that
a statement of community development objectives may address the need
for preserving agricultural land;
L.
To implement and support the purposes and objectives authorized and
directed by the Agricultural Area Security Law (3 P.S. §§ 901
through 915);
M.
To implement and support the purposes and objectives provided by
the Farmland and Forest Land Assessment Act of 1974 ("Clean and Green"
Act 319, 72 P.S. §§ 5490.1 through 5490.13);
N.
To implement and support the purposes and objectives provided by
Act 515 regarding covenants preserving farm, forest, water supply,
and open space land uses (16 P.S. §§ 11941 –
11947);
O.
To implement and support the purposes and objectives of the "Pennsylvania
Statutory and Regulatory Measures to Protect Agricultural Land and
Open Space" (Pennsylvania Legislator's Municipal Deskbook, 5th
Ed. 2017, by the Pennsylvania General Assembly - Local Government
Commission, pages 95 – 99);
P.
To recognize that farming and agriculture activities are a legitimate
and fully developed use of the land;
Q.
To preserve the active and productive agricultural lands that are
present within the Township;
R.
To limit land development activity within the AP - Agricultural Preservation
District in order to preserve the large contiguous tracts of agricultural
land area within the Township;
S.
To further the goals, objectives and planning policies for agricultural
preservation outlined within the 2007 Lower Mount Bethel Township
Comprehensive Plan and Future LV: The Regional Plan, including without
limitation the following:
(1)
To protect the Township's prime farmland soils and significant
public investment in farming;
(2)
To retain the Township's rural and historic character,
with particular emphasis on agriculture as a viable way of life;
(3)
To recognize and protect an area designated as a significant
agricultural area by the Lehigh Valley Planning Commission;
T.
To ensure that the Lower Mount Bethel Township zoning ordinance reflects
and supports the Township's position in the region as a rural
agricultural community.
2.
Background for agricultural preservation purposes.
A.
Based upon information contained in the United States Department
of Agriculture Natural Resource and Conservation Services Northampton
County Soil Survey, a majority of Lower Mount Bethel Township consists
of "prime agricultural land" as that term is defined in the Pennsylvania
Municipalities Code, 53 P.S. § 10107; and
B.
The Township also contains some non-prime agricultural land, though
to a lesser extent than it contains prime agricultural land; and
C.
Based on information from the Northampton County Farmland Preservation
office, in 2020, 69% of the land in the Township is enrolled in either
the Act 319 or Act 515 preferential tax programs, and 43% of the land
in the Township is part of agricultural security areas under Pennsylvania
Act 43; and
D.
The farmland in Lower Mount Bethel Township, particularly the prime
agricultural land in this AP - Agricultural Preservation District,
is ideal for the growing of crops and raising of livestock, and the
Board of Supervisors wishes to facilitate the continued availability
of land for these purposes, subject to a reasonable allowance for
some residential and compatible non-residential development; and
E.
This Part provides more than ample allowance for residential development.
Available census data from 1990 through 2000 indicated that the population
increased in the Township by only 41 persons, and from 2000 through
2010 decreased by 127 persons; while available 2018 population estimates
show a further decrease of 24 persons; and
F.
Future LV: The Regional Plan reports that significant amounts of
agricultural land in the Lehigh Valley is being lost to development
every year, with the land lost being converted to other uses; and
G.
The area which includes the AP - Agricultural Preservation Zoning
District is identified in Future LV: The Regional Plan as containing
some of the best soils in the region; and
H.
Future LV: The Regional Plan advocates the adoption of zoning ordinances
with effective controls to preserve agricultural areas; and
I.
Future LV, The Regional Plan indicates on its General Plan map that
there are sizeable areas, comprising the vast majority of the Township,
where farming should remain as the primary land use, while Future
LV: The Regional Plan's Farmland Preservation Plan calls out
the same areas as of high farmland preservation value; and
J.
The Lehigh Valley Planning Commission has advised that effective
agricultural preservation zoning must limit incompatible uses and
curtail subdivision development; and
K.
Lower Mount Bethel Township does not consider land used for agricultural
purposes as "vacant," "unused," or "inventory for development," but
rather considers agricultural use to be a legitimate and productive
use of the land in its own right; and
L.
The Board of Supervisors of Lower Mount Bethel Township believes that protections for agricultural land are appropriate and necessary and, thus, adopted the Comprehensive Agricultural Preservation Zoning Ordinance (commonly referred to as "CAPZO") on August 7, 2010, as an amendment to the then applicable Zoning Ordinance (Township of Lower Mount Bethel Code of Ordinances at Chapter 27, Part 6, especially § 27-604, § 27-605, and § 27-606); and
M.
Lower Mount Bethel Township had spent more than three years conducting
public meetings, studying and considering various approaches to the
use of zoning regulations to protect and preserve agricultural land,
and balancing that goal with competing interests, resulting in the
ultimate adoption of the CAPZO; and
N.
This Part replaces and incorporates the provisions of the CAPZO while
maintaining its purposes and it is the belief of the Lower Mount Bethel
Board of Supervisors that this Part is an appropriate and significant
step in protecting and preserving agricultural lands located in the
Township, including significant prime agricultural lands, while at
the same time providing opportunity to property owners for a reasonable
amount of residential and compatible nonresidential development on
their lands; and
O.
A purpose of this Part is to preserve and protect agricultural land,
including prime agricultural land, by restricting the amount of agricultural
land and soil capability classes on which dwelling units and compatible
non-residential development may be located; and
P.
Encouraging the continuity, development and viability of agricultural
operations by preserving and protecting agricultural land is a permitted
and legitimate governmental goal appropriately implemented through
zoning regulations under the Pennsylvania Municipalities Planning
Code [53 P.S. §§ 10603(b)(5), 10603(h), and 10604(3)];
and
Q.
As of the time of enactment of this Part, in the entire Lehigh Valley
Region consisting of Northampton County and Lehigh County, Lower Mount
Bethel Township has the highest acreage of farmland perpetually protected
for future agricultural use by way of permanent easement, totaling
more than 4,000 preserved acres in 2021; and
R.
A greater percentage of land in Lower Mount Bethel Township is devoted
to agriculture than in adjacent Townships and in Northampton County
as a whole; and
S.
Prime agricultural lands comprise the best agricultural soils in
the United States. The presence of active and productive agricultural
lands is a major land resource for any municipality, and Lower Mount
Bethel Township is fortunate to have an abundant and significant supply
of this valuable resource; and
T.
The Board of Supervisors continues to desire to protect and promote
the continuation of agriculture, particularly in areas with prime
agricultural lands, those areas being preserved farmland, farmland
in agricultural security areas, farmland enrolled in Act 319 of 1974
as amended (Clean and Green Act)[2], and land capability Classes I, II, III, and IV and other
soils of statewide importance as defined by the Natural Resources
Conservation Service; and
[2]
Editor's Note: See the Clean and Green, Farmland and Forest
Land Assessment Act, 72 P.S. § 5490.1 et seq.
U.
Preservation of large farmland tracts is desirable because the size
of farmland tracts is directly related to the economic viability of
farming operations with respect to the use of modem machinery, soil
conservation programs and the ability to dispose of manure and other
agricultural by-products; and
V.
By enacting this Part as part of the Zoning Ordinance, the Board
of Supervisors of Lower Mount Bethel Township is permitting a reasonable,
limited degree of development within the AP - Agricultural Preservation
District while preserving and encouraging agricultural use, which
fosters sound soil conservation practices and economic vitality.
[Ord. No. 2022-02, 7/11/2022]
1.
Uses permitted by right. A building or other structure may be erected, altered, or used, and a lot may be used or occupied, for any one of the following principal uses by right, except where multiple principal uses are permitted as provided herein, notably on agricultural properties and as specifically permitted pursuant to § 27-404, together with permitted accessory uses, in accordance with the terms of this chapter:
A.
Single-family detached dwelling.
B.
Agricultural land uses, buildings including existing dwellings and additional dwellings as permitted pursuant to § 27-404, and agricultural activities including any of the following:
(1)
Uses related to the growing of field, truck and tree crops.
(2)
Crop storage.
(3)
Animal husbandry, provided that barns, animal shelters, and
feed yards shall not be located closer than 300 feet from any dwelling
except the dwelling of the owner or lessee.
(4)
Grazing and pasturing.
(5)
Horticulture.
(6)
Nurseries and greenhouses.
(7)
Agricultural industries relating to or required by ordinary
local agricultural production.
C.
Membership club, excluding club for gunning, trap shooting, trapping or other similar purposes, but not excluding hunting where permitted. A membership club shall only be permitted on a lot of less than 12 acres, subject to the standards of § 27-1522.
D.
Conservation uses, including woodlands preserve, arboretum or other
similar use.
E.
Municipal use.
2.
Uses permitted by approval of special exception. A building or other
structure may be erected, altered, or used, and a lot may be used
or occupied, for any one of the following principal uses, together
with permitted accessory uses, where approved by the Zoning Hearing
Board as a special exception pursuant to Part 17:
A.
Commercial stables or riding academy.
C.
Animal shelter, animal hospital, veterinary office or clinic, kennel or boarding kennel only on lots less than 12 acres and excluding on any farmstead or farmette lots or any agricultural reserve, and subject to the standards of § 27-1505.
D.
Single-family detached dwellings and/or multiple family dwellings
for temporary quarters for farm laborers, incident and necessary to
the gathering of crops grown on the premises that conform to Pennsylvania
Department of Health regulations for such structures.
3.
Uses permitted as conditional use. A building or other structure may be erected, altered, or used, and a lot may be used or occupied, for any one of the following principal uses, together with permitted accessory uses, where approved by the Board of Supervisors as a conditional use pursuant to § 27-1705:
C.
Short-term lodging facilities within single-family detached dwellings subject to the standards of § 27-1527.
E.
Church or other place of worship only on lots less than 12 acres and excluding on any farmstead or farmette lots or any agricultural reserve, and subject to the standards of § 27-1512.
F.
Religious retreat with overnight accommodations for non-residents
of the facility only on lots less than 12 acres and excluding on any
farmstead or farmette lots or any agricultural reserve.
G.
Cemetery, columbaria, mausoleum or mortuary only on lots less than 12 acres and excluding on any farmstead or farmette lots or any agricultural reserve, and subject to the standards of § 27-1511.
H.
Cultural or historical facilities only on lots less than 12 acres
and excluding on any farmstead or farmette lots or any agricultural
reserve.
I.
Public or private academic schools only on lots less than 12 acres and excluding on any farmstead lots or farmettes or any agricultural reserve, and where approved by the Pennsylvania Department of Education and subject to the standards of § 27-1516.
J.
Conversion of agricultural structures existing as of August 7, 2010, subject to the standards of § 27-1513.
4.
Accessory Uses. The following accessory uses shall be permitted,
where in compliance with all applicable provisions of Part 15 and
provided that they shall be incidental to the use(s) permitted by
right, special exception or conditional use in this AP - Agricultural
Preservation District with which use(s) the accessory use is clearly
associated:
A.
Accessory agricultural commercial uses or agritourism as defined herein and pursuant to § 27-1502.
B.
Forestry or timber harvesting, where conducted in compliance with all applicable provisions of Part 13 of this chapter.
C.
Private garage or private parking area.
D.
No-impact home-based business.
G.
Uses or structures customarily incidental to an outdoor recreation
use, where permitted, such as parking areas, refreshment stands, concessions,
fireplaces, pavilions, and picnic tables, provided that such accessory
uses are operated only when the main use is open and are being used
in conjunction with the main use.
I.
Customary private noncommercial swimming pool.
J.
Alternative or renewable energy systems accessory to a permitted
use and not for commercial energy production subject to the provisions
set forth in Part 12.
K.
Co-location of wireless transmission equipment and/or an antenna on an existing building, water tower, electrical transmission tower, WCF tower, utility pole, light pole, traffic signal pole, or other similar structure, provided that such co-location is subject to the regulations set forth on § 27-1534.
M.
Other customary accessory structures and uses.
[Ord. No. 2022-02, 7/11/2022]
1.
For all individual lots, the following standards shall apply; for lots subdivided pursuant to § 27-404 below, additional minimum and maximum lot standards shall apply as set forth in § 27-404, Subsection 5.:
A.
Minimum lot area: one acre per principal use.
B.
Minimum lot width at street line: 50 feet.
D.
Minimum front yard setback from ultimate right-of-way for all structures,
except in the case of permitted flag lots where the setback shall
be measured from the end of the flag: 40 feet.
E.
Minimum side yard, principal structures (each side): 25 feet.
F.
Minimum side yard, accessory structures (each side): 25 feet except,
where the height of the accessory structure is less than 25 feet,
the minimum side yard may be reduced to a distance not less than equal
to the height of the accessory structure. No side yard shall be reduced
to less than five feet nor shall any accessory structure be placed
in any perimeter drainage or utility easement.
G.
Minimum rear yard, principal structures: 50 feet.
H.
Minimum rear yard, accessory structures: not less than equal to the
height of the accessory structure. No rear yard shall be reduced to
less than five feet nor shall any accessory structure be placed in
any perimeter drainage or utility easement.
I.
Maximum percentage of impervious surface: 25%.
K.
Maximum building height, accessory structures: 25 feet, excluding
permitted agricultural structures.
2.
Subdivision/development options.
A.
Tracts less than 12 acres:
(1)
Tracts of record as of August 7, 2010, that are less than 12
acres in area, and tracts which resulted from subdivision of such
tracts, may be subdivided or developed so as to effect the individual
lot standards set forth in Subsection 1.A. above;
(2)
Tracts that are less than 12 acres in area, that resulted from
any subdivision of tract(s) of record greater than 12 acres as of
August 7, 2010, since that date, shall be limited in subdivision or
development opportunities to the terms of any such subdivision approval,
except where lot-line changes may be permitted that result in no additional
lots.
B.
Tracts greater than 12 acres:
(1)
Tracts of record as of August 7, 2010, that are greater than or equal to 12 acres in area, and have not been subdivided since that date, may be subdivided and developed in accordance with any one, and only one, of the development options set forth in § 27-404, Subsection 2.B., 2.C. and 2.D., below;
(2)
Tracts that remain greater than 12 acres in area, that resulted
from any subdivision of tract(s) of record greater than 12 acres since
August 7, 2010, shall be limited in subdivision or development opportunities
to the terms of any such subdivision approval.
[Ord. No. 2022-02, 7/11/2022]
1.
Specific conditions for subdivision/development.
A.
Original tract defined for purposes of subdivision or development. Any subdivision or development pursuant to this § 27-404 shall be based on the "original tract" that is subject to such subdivision or development as defined herein:
(1)
The determination of what land is included in the original tract
shall be based on the tract of land as it existed as of August 7,
2010. Neither any subsequent subdivision or conveyance of land, nor
any change to the Lower Mount Bethel Zoning Ordinance which does not
expressly address the determination of what land is included in the
original tract, shall affect the determination of what comprises an
original tract or be construed to affect the original tract. These
provisions shall be applicable to each original tract reflected by
the Northampton County Tax Parcel Identifiers as of August 7, 2010.
The purpose of, in effect, freezing tract sizes by this provision,
is to eliminate the possibility of repeated subdivisions into smaller
and smaller tracts each thereafter entitled to the maximum amount
of allowable development pursuant to other sections of this chapter;
(2)
If a tract is located partly in the AP - Agricultural Preservation
District and partly in a different zoning district, then only the
acreage in the AP - Agricultural Preservation District shall be considered
as part of the original tract for purposes of this section;
(3)
If a tract of land or a portion of a tract is preserved for
agriculture through a recorded covenant or easement that permanently
precludes development, such preserved land shall be included in the
calculation of the original tract area for the purpose of determining
the maximum acreage of the original tract that may be used for the
subdivision, construction of single-family detached dwellings or other
permitted development, provided that no proposed use of such a preserved
tract of land violates the terms of the recorded covenant or easement.
Once a tract of preserved land is used in the above-mentioned calculation
of the size of an original tract, it shall not be used in the calculation
of another original tract;
(4)
Property owners who own two or more contiguous original tracts
may combine original tracts for the purpose of calculating and determining
the developable acreage that may be used for location of single-family
detached dwellings pursuant to Subsection 1.B., for purposes of determining
the number and layout of farmettes pursuant to Subsection 1.C. or
for purposes of determining the number of lots available for development
of single-family detached dwellings in accordance with the schedule
set forth in Subsection 1.D.(1);
(5)
If a property owner chooses to consolidate the owner's
contiguous original tracts, such owner subdividing pursuant to Subsections
B or D will be entitled to one farmstead lot for every original tract
existing prior to the consolidation; in other words, it is not intended
that consolidation of original tracts will result in the loss of the
farmstead lot allowable for an original tract. All such farmstead
lots must otherwise comply with all applicable provisions of this
chapter;
(6)
A property owner not concurrently undergoing subdivision pursuant
to Subsections 1.B., 1.C., or 1.D., may subdivide a parcel of less
than 12 acres from the original tract as long as i) any such subdivided
parcel is consolidated by deed with an adjoining parcel immediately
following recording of the subdivision plan, ii) such consolidated
parcel shall be 12 or more acres in size, and iii) the residue of
the original tract (from which the parcel of less than 12 acres is
being subdivided) shall be 12 or more acres following the subdivision.
The entitlement to one single-family detached dwelling on each subdivided
lot as provided by Subsections B and D shall not apply to any parcel
of less than 12 acres that is subdivided from an original tract under
this Subsection 1.A.(6).
B.
Pre-existing dwelling units exempted.
(1)
Dwelling units lawfully existing on an original tract as of
August 7, 2010, shall not impact any calculation of the area of any
original tract pursuant to Subsection 1.A.(1) above, nor shall impact
the calculation of any developable acreage, farmstead lot, farmette,
sliding scale lot or agricultural reserve pursuant to Subsection 1.B.,
3., or 2.D. below.
(2)
Such pre-existing dwelling units shall be located on any lot or parcel subdivided or remaining hereunder including a farmstead lot, a farmette, an agricultural reserve, or an additional individual lot not otherwise impacting the calculations noted above, but in all cases such lots shall meet the minimum area and bulk standards set forth in § 27-403, Subsection 1.A., above and the standards set forth in Subsection 4. below.
C.
Election of Subdivision Option.
(1)
When a property owner first subdivides the original tract pursuant
to either of Subsections 1.B., 3. or 2.D., below, such election shall
be binding on the entire original tract, including without limitation
any authorized future subdivision of the remainder of the original
tract.
(2)
Example one: By way of example only, a property owner elects to create farmettes out of the original tract pursuant to Subsection 3., and proceeds to subdivide only a portion of the entire original tract into farmettes, retaining the rest of the original tract in an unrestricted parcel. Such property owner may not at a later date subdivide the remainder of the property pursuant to either Subsection 1.B or 2.D but may only continue to subdivide pursuant to the originally selected option set forth in Subsection 3.
(3)
Example two: As an additional example, a property owner elects
to subdivide fewer lots than permitted under either Subsection 1.B.
or 4. At a later date, the property owner may subdivide only additional
lots which will cumulatively total the number of lots which could
have been subdivided under the applicable Subsection 1.B. or 4. at
the time of the first subdivision.
2.
Farmstead Lot Plus 10% Development.
A.
Under this option, each original tract is entitled to one farmstead lot on which a single-family detached dwelling may be located, plus 10% of the area of the original tract which may be designated as developable acreage for purposes of development of additional single-family detached dwellings on individual lots, plus any lots created for the location of pre-existing dwellings defined pursuant to Subsection 1.A.(2) and/or conversion of agricultural structures existing as of August 7, 2010, as provided in § 27-1513.
B.
All single-family detached dwellings developed pursuant to this option except on the farmstead lot or pre-existing dwellings or dwellings resulting from conversion of existing agricultural structures, where permitted as provided herein, shall be located on contiguous individual lots within the developable acreage, pursuant to Subsection 5.G., except where conditional use approval is granted as set forth in § 27-405, Subsection 1.A.
C.
The maximum 10% of the area of the original tract which comprises
the developable acreage shall include all areas allocated for: perimeter
road rights-of-way; other road rights-of-way; lots; private roads
and access ways; easements, facilities, pipes, structures and systems,
whether above or below ground, intended for use, in whole or in part,
for well or water service, sanitary sewer, septic service, access
roads, stormwater management, groundwater recharge and any public
or private utility serving the residential development. Where multiple
utilities or other facilities occupy the same right-of-way or that
of a permitted access road, they shall not be counted more than once.
Such facilities serving only the farmstead lot and/or pre-existing
dwellings and/or conversion of existing agricultural structures, where
permitted as provided herein, shall not be calculated within the developable
acreage, nor deducted from the remaining area of the original tract.
D.
Soil Characteristics. For subdivision pursuant to this subsection,
the property owner/applicant shall have the burden of proving that
the land sought to be used as the developable acreage meets the following
criteria:
(1)
The developable acreage shall be configured so as to i) include
the maximum amount of the least agriculturally productive land, and
ii) minimize interference with existing or potential future agricultural
production;
(2)
In accordance with Subsection 2.B.(4)(a) above, the least agriculturally
productive land shall be ranked as follows (from least productive
to most productive):
(a)
Soils which fall within the capability Classes V through VIII,
as set forth in the Soil Survey;
(b)
Those areas which cannot feasibly be farmed due to a) existing
features of the site, such as rock outcroppings, rock too close to
the surface to permit plowing, swamps, being heavily wooded, or slopes
of the area exceeding 15%; or b) the size or shape of the area being
ill-suited for farming and/or insufficient to permit efficient use
of farm machinery and equipment;
(c)
Soils which fall within capability class IV, as set forth in
the Soil Survey;
(3)
In the case of subdivision where less than 10% of the original
tract consists of land which meets the criteria of Subsection 2.B.(4)(b)
above, the property owner may use more agriculturally productive land
for the developable acreage after all of the least agriculturally
productive lands [i.e., those meeting the criteria of Subsection 2.B.(4)(b)]
have been included in the developable acreage;
(4)
Conditional use approval may be granted by the Board of Supervisors in accordance with Subsection 5. and § 27-405, Subsection 1.B. to allow the developable acreage to be located on soil capability classes which are identified in Subsection 1.B.(4)(b) as less agriculturally productive but not classified as such in the Soil Survey.
E.
The remainder of the tract outside of the farmstead lot, the developable
acreage, and any lots created for the location of pre-existing dwellings
and/or conversion of existing agricultural structures, where permitted
as provided herein, shall comprise the agricultural reserve and shall
be used for allowable uses of the AP - Agricultural Preservation District
excluding any use not agricultural, conservation, forestry, or accessory
thereto, except where pre-existing dwellings or conversion of existing
agricultural structures may be located within the Agricultural Reserve
in lieu of being provided for on other lot(s) where permitted.
F.
The agricultural reserve shall not be less than 10 acres in area except where approved as conditional use pursuant to Subsection 4.
G.
The agricultural reserve may be combined with the farmstead lot into
a single parcel but shall be restricted from further subdivision or
development beyond what would otherwise be permitted on the farmstead
lot or agricultural reserve.
H.
Any lot of 10 acres or greater, excluding the agricultural reserve
unless combined with the farmstead lot, may be used for a bed-and-breakfast.
I.
All lots subdivided under this Subsection 1.B shall conform to the
lot standards set forth in Subsection 1.E.
J.
Each lot subdivided from the developable acreage shall be restricted
from use other than for one single-family detached dwelling and customary
accessory uses.
K.
All lots created pursuant to this Subsection 1.B. must otherwise
comply with all applicable provisions of this chapter.
3.
Farmettes of 10 Acres or Greater.
A.
Under this option, the property owner may elect to subdivide the
original tract into as many farmettes which are 10 acres or greater
as the original tract will allow.
B.
Any residue of the original tract less than 10 acres shall be one
of the following:
(1)
Divided among the several farmettes as the property owner wishes
so that upon completion of subdivision under this subsection, there
shall be no lots less than 10 acres; or
(2)
Allocated to additional lots of two acres or less created for the location of pre-existing dwelling(s) defined pursuant to Subsection 1.B. and/or conversion of agricultural structure(s) existing as of August 7, 2010, as provided in § 27-1513;
(3)
Allocated to acreage for lots for pre-existing dwellings and/or
conversion of existing agricultural structures, where permitted as
provided herein, which acreage otherwise could have contributed to
the acreage included in the farmettes. it is recognized that the property
owner has the opportunity to locate such pre-existing dwellings or
conversions on farmette(s), but may instead choose to place them on
a separately subdivided lot.
C.
Under this Subsection 3.C., no additional farmstead lot is provided
and no agricultural reserve is required.
D.
Where fewer farmettes than allowable are subdivided, any remainder
of the tract greater than 10 acres may be utilized at a later date
as a farmette or further subdivided into additional farmettes each
10 acres or greater.
E.
All farmettes created pursuant to this subsection shall have frontage on existing public roads. Conditional use approval may be granted by the Board of Supervisors to allow the creation of farmettes without frontage on an existing public road in accordance with either § 27-405, Subsection 3., or § 27-405, Subsection 4., as applicable, and when the other requirements of this subsection will be met.
F.
All farmettes may be used for one single-family detached dwelling and customary uses accessory thereto, and other allowable uses of the AP - Agricultural Preservation District, excluding any use not agricultural, conservation, forestry or accessory to agricultural or conservation use in nature except bed-and-breakfast use or pre-existing dwellings defined pursuant to Subsection 1.B. and/or conversion of agricultural structures existing as of August 7, 2010, as provided in § 27-1513. All farmettes shall be restricted from further residential subdivision or development beyond what would otherwise be permitted on the farmette or is otherwise consistent with the agricultural purposes of this District.
4.
Sliding Scale Development.
A.
Under this option, each original tract is entitled to one farmstead lot on which a single-family detached dwelling may be located, plus the number of lots permitted under the schedule below, each of which may be used for the location of one single-family detached dwelling, plus any lots created for the location of pre-existing dwellings defined pursuant to Subsection 1.B. and/or conversion of agricultural structures existing as of August 7, 2010, as provided in § 27-1513. All lots subdivided pursuant to this option shall meet the area and bulk requirements of § 27-403, Subsection 1. and lot standards of Subsection 5.
|
Original Tract Size
|
Permitted Lots
|
|---|---|
|
12-15 acres
|
2
|
|
>15-30 acres
|
3
|
|
>30-60 acres
|
4
|
|
>60-90 acres
|
5
|
|
>90-120 acres
|
6
|
|
>120-150 acres
|
7
|
|
>150 acres
|
8 plus 1 for each 30 acres above 150 acres
|
B.
All single-family detached dwellings developed pursuant to this option, except on the farmstead lot, or pre-existing dwellings or where located on lots greater than 10 acres in area, shall be located on contiguous individual lots pursuant to Subsection 5.G., except where conditional use approval is granted as set forth in § 27-405, Subsection 1.
C.
The remainder of the tract outside of the farmstead lot, the lots
subdivided pursuant to the schedule above, and any lots created for
the location of pre-existing dwellings and/or conversion of existing
agricultural structures, where permitted as provided herein, shall
comprise the agricultural reserve and shall be used for allowable
uses of the AP - Agricultural Preservation District excluding any
use not agricultural, conservation, forestry, or accessory thereto,
except where pre-existing dwellings or conversion of existing agricultural
structures may be located within the agricultural reserve in lieu
of being provided for on other lot(s) where permitted.
D.
The agricultural reserve shall not be less than 10 acres in area except where approved as conditional use pursuant to § 27-405, Subsection 1.E.
E.
The agricultural reserve may be combined with the farmstead lot into
a single parcel but shall be restricted from further subdivision or
development beyond what would otherwise be permitted on the farmstead
lot or agricultural reserve.
F.
Lots of 10 acres or greater subdivided under this subsection, including the farmstead lot if combined with the agricultural reserve or if otherwise 10 acres or greater may, in addition to one single-family detached dwelling and customary uses accessory thereto, be used for other allowable uses of the AP - Agricultural Preservation District, excluding any use not agricultural, conservation, forestry or accessory thereto, provided that bed-and-breakfast use or pre-existing dwellings defined pursuant to Subsection 1.B. and/or conversion of agricultural structures existing as of August 7, 2010, if any, as provided in § 27-1513 shall be permitted. All such lots shall otherwise be restricted from further subdivision or development.
G.
All lots subdivided under this Subsection 2.D. shall conform to the lot standards set forth in Subsection 4.
H.
All lots created pursuant to this Subsection 2.D. shall have frontage on existing public roads. Conditional use approval may be granted by the Board of Supervisors to allow the creation of lots without frontage on an existing public road in accordance with § 27-405, Subsections C. or D., as applicable and when the other requirements of this subsection will be met.
I.
If a property owner/applicant proposes to create any lots with no
frontage on existing public roads, all infrastructure associated with
such subdivision or land development shall be located on the lots
other than the agricultural reserve, with the sole exception being
access roads allowed by conditional use approval. For purposes of
this subsection, except for access roads allowed by conditional use
approval and utilities or other facilities located within the right-of-way
of permitted access roads, the infrastructure to be located on lots
other than the agricultural reserve, includes but is not limited to,
private driveways and access ways; easements, facilities, pipes, structures
and systems, whether above or below ground, intended for use, in whole
or in part, for well or water service, sanitary sewer, septic service,
stormwater management, groundwater recharge and any public or private
utility serving the residential development.
5.
Standards for Lots Subdivided Pursuant to § 27-404.
A.
All lots subdivided under the options set forth in § 27-404, shall comply with the area and bulk standards set forth in § 27-403, Subsection 1., and shall be of a size that either is not in excess of two acres or is 10 or more acres in size, except where an agricultural reserve is permitted to be less than 10 acres pursuant to § 27-405, Subsection 5.
B.
Any lot two acres or less shall in no case contain more than 1.5
acres of prime agricultural land. The principal purpose of this 2.0
acre maximum lot size containing no more than 1.5 acres of prime agricultural
land is to allow for as much prime agricultural land as possible to
be maintained within lots of 10 or more acres in size or in an agricultural
reserve as a contiguous tract, in order to facilitate use for agricultural
activities.
C.
Lots of two acres or less may have only one permitted principal use
or individual dwelling, except where such lots are exactly 2.0 acres,
they may contain two permitted principal uses or may contain two individual
dwellings only in cases where pre-existing dwellings or conversion
of an existing agricultural structure are located, where permitted
as provided herein.
D.
With respect to any lot consisting of 10 acres or more, no more than 1.5 acres of prime agricultural land and 2.0 acres overall shall be used for uses and structures accessory to any permitted dwelling unit(s). Such accessory uses shall include stormwater management, well, septic system, utilities and other infrastructure, and the remainder of each such lot shall remain available for agricultural, conservation or forestry purposes, This restriction shall not apply to pre-existing dwelling units defined pursuant to Subsection 1.B., or where agricultural structures existing as of August 7, 2010, are converted to other uses pursuant to § 27-1513.
E.
Lots that include pre-existing dwelling units defined pursuant to Subsection 1.B., or lots upon which agricultural structures existing as of August 7, 2010, are converted to other uses pursuant to § 27-1513, in addition to meeting the size standards herein, shall also comprise at least one acre per individual principal use, which shall apply to all individual existing or converted dwelling units located on the lot.
F.
While siting of an approved on-lot well, septic system, alternative
septic absorption area and stormwater management facilities are not
addressed by this Part specifically, the minimum and maximum lot size
allowances herein shall not be construed to suggest that any property
owner may be entitled to a waiver or a variance from other governing
ordinances and/or regulations regarding such matters, including and
without limitation, well and septic isolation distances and requirements.
G.
Contiguous Lot Requirement.
(1)
All single-family detached dwellings permitted by either Subsection
1.B or 4. must be located on contiguous lots, except for any lot classified
as a farmstead lot or lots of 10 acres or more, or lots containing
pre-existing dwellings or dwellings in converted agricultural structures
where permitted. "Contiguous" means that any subdivided lot or tract
must share a common boundary with another subdivided lot or tract,
regardless of how small in length, or share a common point of connection.
Lots or tracts on opposite sides of a public or private road will
not be considered to be contiguous, unless the road is a road that
is not previously existing and is constructed as part of the subdivision
of the original tract.
(2)
The purpose of this subsection is to cluster development of
single-family detached dwellings and to allow the largest tract of
agricultural reserve possible to reduce the amount of land devoted
to roads, stormwater management, utilities and other infrastructure
in an effort to minimize interference with the then existing agricultural
uses, as well as potential, future agricultural uses.
(3)
Conditional use approval may be granted by the Board of Supervisors to allow the creation of noncontiguous lots in accordance with Subsection 1. when the other requirements of Subsections 1.B. or 2.D., as applicable, will be met and noncontiguous lots rather than contiguous lots for development of single-family detached dwellings will preserve more productive agricultural land or more prime agricultural land.
[Ord. No. 2022-02, 7/11/2022]
1.
Section 27-404 includes a number of specific standards which may be modified subject to conditional use approval by the Board of Supervisors. The procedure for consideration of conditional use approval is set forth in § 27-1705. In addition to the standards set forth in § 27-1705, the following standards shall be applied to the applicable conditional uses.
A.
Non-Contiguous Lots.
(1)
This subsection provides for conditional use approval, where
contiguous lot requirements otherwise apply, to allow single-family
detached dwelling units developed pursuant to either Subsection 1.B.
or 2.D. to be located on noncontiguous lots if doing so preserves
more productive agricultural land or preserves more prime agricultural
land than solely contiguous lots would have.
(2)
The property owner/applicant must demonstrate that more productive
agricultural land or more prime agricultural land is preserved by
either developing the 10% of the original tract under Subsection 1.B
or by developing lots within the original tract under Subsection 2.D
with noncontiguous lots, rather than contiguous lots as required by
Subsection 4. of this chapter.
(3)
Specifically, the property owner/applicant must demonstrate
that the agricultural reserve i) is or will be more agriculturally
productive based on consideration of the following factors regarding
the original tract: topographic features, soil type, existing development,
structures and uses, environmentally sensitive features, existing
agricultural operations, and any other factor that makes the land
more agriculturally productive; or ii) will consist of more prime
agricultural land.
(4)
It shall be within the sole discretion of the Board of Supervisors
whether the property owner/applicant has successfully demonstrated
that noncontiguous lots to be used for single-family detached dwellings
will preserve more productive agricultural land or more prime agricultural
land than contiguous lots as otherwise required.
(5)
On Lot Sewage Testing. The noncontiguous lot area shall be tested
by the applicant for general soils suitability pursuant to Township
and state requirements for permitting on-site sewage facilities before
the conditional use application is submitted to the Township.
B.
Soil Capability Classes.
(1)
This section provides for conditional use approval to allow
a property owner/applicant to utilize soil capability Classes established
from sources other than the Soil Survey if the Soil Survey is inaccurate.
(2)
A property owner/applicant applying for conditional use approval
in accordance with this Subsection 1.B. shall present documentation
from a qualified geologist, soil scientist, or other expert/professional
satisfactory to the Board of Supervisors regarding the soil classifications
throughout the entire original tract; information as to only portions
of, but not all of, the original tract shall not be sufficient. The
purpose of such information is to prove through competent evidence
that the Soil Survey is inaccurate with respect to all or portions
of the original tract.
(3)
Specifically, the property owner/applicant must prove that: i) the soil capability classes established by the soil survey are incorrect; ii) the documentation and source of the revised soil capability classes to be used are reliable and correct; and iii) the proposed location of the developable acreage consists of soils having a soil capability class within categories V through VIII or, if applicable pursuant to § 27-405, Subsection 1.A.(4), soil capability Class IV.
C.
Creation of Lots Without Direct Frontage on Public Roads Where Sufficient
Frontage Exists.
(1)
This subsection provides for conditional use approval to allow
a property owner/applicant to create lots without direct frontage
on an existing public road where the original tract has sufficient
direct frontage on existing public roads to permit creation of the
maximum number of lots permitted, if doing so preserves more productive
agricultural land, or preserves more prime agricultural land, or reduces
interference by new lots to agricultural operations, or better serves
scenic conservation objectives along the Delaware River Valley Scenic
Byway.
(2)
This Subsection 1.C. is applicable only to the subdivision of farmettes from the original tract pursuant to Subsection 1.C. and to the subdivision of lots from the original tract for single-family detached dwellings pursuant to Subsection 1.D. and to the subdivision of any lots for the location of pre-existing dwellings defined pursuant to Subsection 1.A.(2) and/or conversion of agricultural structures existing as of August 7, 2010, as provided in § 27-1513. Further, this Subsection 1.C. is applicable only when the original tract has sufficient direct frontage on existing public roads to allow a property owner/applicant to subdivide the maximum number of lots permitted under either Subsection 1.C. or 1.D. and provide each lot with direct frontage.
(3)
Where applicable, pursuant to Subsection 1.C.(2) above, if the
property owner/applicant desires to subdivide a lot or lots from the
original tract without direct frontage on an existing public road,
the property owner/applicant must demonstrate that more productive
agricultural land or more prime agricultural land is preserved by
creating lot(s) without direct frontage on an existing public road
rather than the lot(s) having direct frontage along an existing public
road as otherwise required.
(4)
Specifically, the property owner/applicant must also demonstrate
that the proposed layout of any farmettes, other lots of 10 acres
or greater, or of the agricultural reserve, as applicable, i) will
be more agriculturally productive based on consideration of the following
factors regarding the original tract: topographic features, soil type,
existing development, structures and uses, environmentally sensitive
features, existing agricultural operations, and any other factor that
makes the land more agriculturally productive; or ii) will consist
of more prime agricultural land.
(5)
It shall be within the sole discretion of the Board of Supervisors whether the property owner/applicant has successfully demonstrated that lots with no direct frontage on existing public roads, when sufficient frontage is otherwise available on the original tract to permit subdivision of the maximum number of lots permitted under either § 27-404 Subsection 1.C. or 1.D., will preserve more productive agricultural land or more prime agricultural land than with lots having direct frontage on existing public roads as otherwise required.
(6)
If a property owner/applicant proposes to create lots with no
frontage on existing public roads, all infrastructure associated with
such subdivision shall be located on the subject lot(s) so created
with the sole exception being permitted access roads and utilities
or other facilities located within the right-of-way of permitted access
roads. For purposes of this subsection 1.C., infrastructure that must
be located on the lot(s) shall include, but not be limited to, private
driveways and access ways, easements, facilities, pipes, structures
and systems, whether above or below ground, intended for use, in whole
or in part, for well or water service, sanitary sewer, septic service,
stormwater management, groundwater recharge and any public or private
utility serving the residential development.
D.
Creation of Lots Without Direct Frontage on Public Roads Where There
is Insufficient Frontage.
(1)
This subsection provides for conditional use approval to allow
a property owner/applicant to create lots without direct frontage
on an existing public road where the original tract does not have
sufficient direct frontage on existing public roads to permit creation
of the maximum number of lots permitted.
(2)
This Subsection 1.C. is applicable only to the subdivision of farmettes from the original tract pursuant to § 27-404, Subsection 3. and to the subdivision of lots from the original tract for single-family detached dwellings pursuant to Subsection 2.D. and to the subdivision of any lots for the location of pre-existing dwellings defined pursuant to § 27-404, Subsection 1.A.(2), and/or conversion of agricultural structures existing as of August 7, 2010, as provided in § 27-1513. Further, this Subsection 2.D. is applicable only when the original tract does not have sufficient direct frontage on existing public road(s) to otherwise allow a property owner/applicant to subdivide the maximum number of lots permitted under either § 27-404, Subsection 3. or 2.D.
(3)
If the property owner/applicant desires to subdivide a lot or lots from the original tract where the original tract does not have sufficient direct frontage along an existing public road to allow the maximum number of lots permitted to be subdivided under either § 27-404, Subsection 3. or 2.D., the following shall apply:
(a)
For subdivision pursuant to either § 27-404, Subsection 3. or 2.D., all lots shall be configured so as to i) include the maximum amount of the least agriculturally productive land in lots of two acres or less; and ii) minimize interference with existing or potential future agricultural production. Lots of 10 acres or greater are exempt from this requirement;
(b)
In accordance with Subsection 1.D.(3)(a), the least agriculturally
productive land shall be ranked as follows (from least productive
to most productive):
1)
Soils which fall within the capability Classes V through VIII,
as set forth in the Soil Survey;
2)
Those areas which cannot feasibly be farmed due to a) existing
features of the site, such as rock outcroppings, rock too close to
the surface to permit plowing, wetlands, being heavily wooded, or
slopes of the area exceeding 15%; or b) the size or shape of the area
being ill suited for farming and/or insufficient to permit efficient
use of farm machinery and equipment;
3)
Soils which fall within capability class IV, as set forth in
the Soil Survey;
(c)
In case of subdivision pursuant to either § 27-404, Subsection 3. or 2.D., where the placement of lots of two acres or less on lands which meet the criteria of Subsection 1.D.(3)(b) would not result in creation of the maximum number of permitted lots, the property owner/applicant may use more agriculturally productive land for additional permitted lots after all of the least agriculturally productive lands (i.e., these meeting the criteria of Subsection 1.D.(3)(b) have been included in permitted lots of two acres or less);
(4)
It shall be within the sole discretion of the Board of Supervisors
whether the property owner/applicant has successfully demonstrated
that lots with no direct frontage on existing public roads, when sufficient
frontage is not otherwise available from the original tract, will
be placed in such a manner to occupy the least agriculturally productive
land.
(5)
If a property owner/applicant proposes to create lots with no
frontage on existing public roads, all infrastructure associated with
such subdivision shall be located on the subject lot(s) so created
with the sole exception being permitted access roads and utilities
or other facilities located within the right-of-way of permitted access
roads. For purposes of this Subsection 1.D., infrastructure that must
be located on the lots shall include, but not be limited to, private
driveways and access ways; easements, facilities, pipes, structures
and systems, whether above or below ground, intended for use, in whole
or in part, for well or water service, sanitary sewer, septic service,
stormwater management, groundwater recharge and any public or private
utility serving the residential development.
E.
Creation of an Agricultural Reserve of Less than 10 Acres.
(1)
This subsection provides for conditional use approval to allow
the creation of an agricultural reserve of less than 10 acres in order
to permit subdivision of the maximum number of lots.
(2)
This Subsection 1.E. is applicable only when the subdivision of the maximum number of lots permitted under either § 27-404, Subsection 1.B. or 2.D. results in an agricultural reserve less than 10 acres.
(3)
If the property owner/applicant desires to subdivide from the original tract the maximum number of lots permitted to be subdivided under either § 27-404, Subsection 1.B. or 2.D. and such subdivision results in an agricultural reserve of less than 10 acres, the property owner/applicant must demonstrate that the lots being created are the minimum permissible size and that the agricultural reserve is as close to the 10 acre minimum size as possible under the circumstances.
(4)
Specifically, the property owner/applicant must demonstrate that the lots created under either § 27-404, Subsection 1.B. or 2.D., as applicable, are the minimum possible size that complies with all requirements of this Part and other governing ordinances and/or regulations, including, but not limited to, well and septic isolation distances and requirements.
(5)
It shall be within the sole discretion of the Board of Supervisors
whether the property owner/applicant has successfully demonstrated
that lots are the minimum permissible size to result in an agricultural
reserve as close to the 10-acre minimum size as possible under the
circumstances.
[Ord. No. 2022-02, 7/11/2022]
All uses shall comply with all other applicable standards in
this chapter and all other applicable ordinances or regulations.
[Ord. No. 2022-02, 7/11/2022]
1.
Traditionally, farming practices and residential uses have been somewhat incompatible because of conflict with traffic, noise and odor. The agricultural reserve of the original tract and farmettes may be used for farming-related uses as set forth in § 27-402 of this chapter. The activities, practices, equipment and procedures that farmers adopt, use or engage in relative to the production and preparation for market of poultry, livestock and their products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and agricultural crops and commodities, and the Township's regulation thereof, are regulated by Pennsylvania Right-to-Farm Law, 3 P.S. § 851 et seq. (P.L. 454, No. 133).[1]
[1]
Editor's Note: So in original. See 3 P.S. § 951 et seq.
2.
Any deed transferring any farmstead lot, any pre-existing dwelling unit defined pursuant to § 27-404, Subsection 1.A.(2), any lot providing for conversion of agricultural structures existing as of August 7, 2010, as provided in § 27-1513, any lot subdivided for a single-family detached dwelling pursuant to either § 27-404, Subsection 1.B. or 2.D., and any farmette subdivided pursuant to § 27-404.C. shall include the following notice in bold text:
"The parcel of land/unit conveyed hereby is located within the
AP - Agricultural Preservation Zoning District of Lower Mount Bethel
Township. The lot/unit was created pursuant to the Township's
agricultural protection regulations set forth in the Part 4 of the
Lower Mount Bethel Township Zoning Ordinance. The lot/unit is located
in close proximity to lands zoned for agricultural use, upon which
the owner (or tenant) thereof may, to the extent consistent with then
existing zoning regulations, or, if applicable, as an allowed non-conforming
use, engage i) in the production and preparation for market of poultry,
livestock and their products; ii) in the production, harvesting and
preparation for market or use of agricultural, agronomic, horticultural,
silvicultural and agroncultural crops and commodities; and iii) in
the use of equipment in the course thereof. By accepting this deed,
the grantee shall be deemed to acknowledge notice of, and to accept,
the noise, odors, traffic patterns, etc., which may be associated
with farming activities on other properties in Lower Mount Bethel
Township and neighboring communities."
3.
Any deed transferring any parcel, lot or unit in the AP - Agricultural Preservation Zoning District that has been create since August 7, 2010, pursuant to § 27-404 herein or pursuant to the Township's preceding Comprehensive Agricultural Protection Zoning Ordinance ("CAPZO") regulations (i.e., any parcel, lot or unit other than the original tract in its entirety, as defined herein) shall include the following notice in bold text:
"The parcel of land conveyed hereby is located within the AP
- Agricultural Preservation Zoning District of Lower Mount Bethel
Township. The land or unit hereby conveyed was created pursuant to
the Township's agricultural protection regulations. By accepting
this deed, the grantee shall be deemed to have acknowledged and accepted
that use and subdivision of this land is subject to the agricultural
protection provisions of the Zoning Ordinance so long as and to the
extent that such provisions remain in effect."
4.
Every subdivision plan and land development plan involving lands
in the AP - Agricultural Preservation District shall contain plan
notes and labeling, legends, etc., on plan sheets, as appropriate,
identifying and explaining at a minimum, the following to the extent
applicable:
A.
Each lot or unit allocated for a single-family detached dwelling;
B.
The agricultural reserve;
D.
Any farmstead lot;
E.
The original tract;
H.
Any exempted preexisting dwelling units;
J.
A designation of the lot size determination for any farmstead lot;
K.
Conditional use approval(s) received and any conditions imposed upon
the grant of such approval(s);
L.
Any zoning relief received and any conditions imposed upon the grant
of such zoning relief, including if applicable, any favorable ordinance
interpretations by the Zoning Hearing Board;
M.
Soil characteristics of the original tract, whether determined by
the Soil Survey or otherwise through the conditional use approval
process. Specifically, the plan shall include identification of prime
agricultural lands, lands falling within soil capability Classes V
through VIII, and the next least agriculturally productive lands in
accordance with Subsection 1.B.(4) and Subsection 4.;
O.
Any other details relative to all or any part of the original tract
pursuant to this Part deemed to be relevant for inclusion by the Township.
