Article IV

AP– AGRICULTURAL PRESERVATION DISTRICT

SECTION 401SPECIFIC INTENT

The purposes of the Agricultural Preservation District are:

A.To protect and promote the continuation of agriculture in areas with primary agricultural lands. Those areas are: Preserved Farmland, Farmland in Agricultural Security Areas, Farmland enrolled in Act 319 of 1974 as amended (Clean and Green), and Land Capability Classes I, II, III and IV.

B.To prevent the irreversible conversion of primary agricultural land to uses that result in its loss as an environmental and essential food and fiber resource within the Township of Maidencreek.

C.To strengthen and preserve strong agricultural activity as a viable component of the MaidencreekTownship economy.

D.To promote agricultural land use and activities and other uses and activities which act in direct support of agriculture.

E.To protect and stabilize the essential characteristics of these areas, to minimize conflicting land uses detrimental to agriculture enterprises, and to limit development which requires highways and other public facilities.

F.To maintain, protect and stabilize agriculture as an ongoing economic activity by permitting only those land uses and activities which are either agricultural in nature or act in direct support thereof.

G.To maintain the land resource base, that is, agricultural parcels or farms in sizes which will permit efficient, profitable agricultural operations.

H.To keep separate agricultural land use and activities from incompatible residential, commercial and industrial development, and public facilities.

I.To protect land for Agricultural purposes now and for future generations.To preserve prime agricultural soils and farmland to the maximum extent allowed by law.

K.To recognize that farming and agriculture activities are the highest, best, and a fully developed land use.

L.To further the goals of the Maidencreek Township Comprehensive Plan of preserving agricultural and farmlands and promoting them as a part of the local economy.

M.To support the goals and land use plan of the Berks County Comprehensive Plan which determined that MaidencreekTownship is an area which needs to be preserved for agricultural uses.

SECTION 402USE REGULATIONS

A. Uses Permitted by Right

A lot may be used or occupied and a building may be erected, altered or used in combination for any of the following purposes and no other:

1. General Agricultural Use, subject to the provisions of Section1333 of this Ordinance.

2. Intensive Agricultural Uses, subject to the provisions of Section 1334 of this Ordinance.

3. Municipal useServices as defined by Section 204 of this Ordinance.

4. Woodland or game preserve, wildlife sanctuary or similar conservation use.

5. Home Occupation, subject to the provisions of Section 1313 of this Ordinance.

6.Farm-related business, subject to the provisions of Section 1333 of this Ordinance.

7.Accessory uses and structures to the above permitted uses when on the same lot as the permitted use.

8.Single family detached dwelling, subject to the provisions of Section 403.A of this Ordinance.

9.Animal hospital, veterinary facilities, and kennels, subject to the provisions ofSection 1335 of this Ordinance.

10.Forestry

11.Greenhouses subject to the provisions of Section 1333 of this Ordinance.

B. Uses Permitted by Special Exception

A lot may be used or occupied and a building may be erected, altered or used in combination for any of the following purposes and no other when a special exception is granted by the Zoning Hearing Board subject to and in accordance with Article XVIand the other criteria stated herein.Public utility uses, as defined by Section 204 of this Ordinance

  1. Churches and cemeteries subject to the provisions of Sections 1342 and 1343 of this Ordinance, respectively.
  2. Greenhouse production of more than 50,000 sq. ft. of growing area.
  3. Animal agriculture of more than 5 animal units per acre, built using state approved standards on waste nutrient management per attached chart.
  4. Bed and Breakfast, subject tothe provisions of Section1339of this Ordinance.
  5. Telecommunications facilities subject to the provisions ofSections 1326 and 1327 of Tthis Ordinance.

C. Additional Special Exception Criteria

In addition to all other requirements set forth in this Ordinance, the Zoning Hearing Boardshall also consider the following for all applications for a special exception in the Agricultural Preservation District:

  1. The Applicant shall obtain a review by and receive recommendations from Pennsylvania State University Cooperative Extension service, Berks County and follow all recommendations not inconsistent with this Ordinance unless the Zoning Hearing Board expressly finds that the review cannot be obtained and/or the recommendations cannot reasonably be implemented.
  1. The Applicant shall be required to demonstrate that the proposed use and/or operation shall comply with and have the ability to comply with all Federal, State, and Local Laws and related regulations applicable to the proposal including but not limited to Subdivison and Land Development, Storm Water Management, Nutrient Management, Solid Waste Management etc.
  1. The Applicant shall be required to demonstrate that the proposed use shall not attract vectors, cause odors that burden surrounding properties, or alternatively shall provide a reasonable plan to abate odors, flies, vectors and the like.The Applicant shall demonstrate the ability to comply with all other provisions and requirements of this Ordinance including any specific criteria for particular uses set forth herein.

D. Uses Permitted by Conditional Use

  1. Lodges and Clubs for hunting, fishing, gunning and other similar recreational purposes and fraternal organizations subject tothe provisions of Section 1504 of this Ordinance.

SECTION 403AREA, YARD AND HEIGHT REGULATIONS

A. Residential Uses.

1. Calculation of number of permitted dwellings.

a)In order to preserve prime agricultural soils and productive agricultural land, and to discourage the use high quality agricultural soils for non-farm development, residential development in this district shall be permitted in accordance with the following sliding scale rather than a conventional fixed scale.

Acreage of Tract / Maximum Number of Dwelling Units*
Less than 20.00 acres / 2
20.01 to 50.00 acres / 3
50.01 to 100.00 acres / 4
One additional dwelling unit is permitted for every ______insert the same minimum decided for other parts of the ordinance acres in excess of 100.00 acres.
*Includes existing dwelling units.
  1. Where a subdivision results in lots capable of further subdivision, such lots shall be deed restricted such that the total number of residential lots created from the original tract shall not exceed what is permitted by the chart in Section 403.A.1.a. Any Lot created under any prior ordinance shall continue to be subject to any prior restriction and nothing in this Ordinance shall be construed to expand or change restrictions previously imposed under any prior ordinance.
  1. Residential lots shall be designed and arranged to minimize both the loss of prime agricultural soils and interference with farm operations. The following criteria shall be utilized to determine compliance with this provision.

a) Residential lots shall, to the maximum extent possible, occupy soils other than those in Capability Classes I, II and III, as defined by the Soil Survey of Berks County, Pennsylvania, produced by the U.S. Department of Agriculture, Soil Conservation Service.

b) Residential lots may include soils in such Capability Classes where the area in question cannot feasibly be used for agriculture purposes due to characteristics of the property, such as size of tract or configuration of the lots.

c)Where prime agricultural soils cannot be avoided, all Residential lots shall be located on the least productive land, or shall be sited to minimize interference with agricultural activity.

d) Subdivision, land development and building permit applications will include a conspicuous Agricultural Use Notification as follows: All lands within the Effective Agricultural Preservation Zoning District in the Zoning Ordinance are located in an area where land is used for commercial agricultural production. Owners, residents and other users of this property or neighboring property owners may be subjected to occasional inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted local agricultural practices and operations. These include, but are not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizer, soil amendments, herbicides and pesticides. These operations can occur any time of the day or night. Owner, occupants and uses of this property should be prepared to accept such conditions and inconveniences, discomfort and possibility of injury from normal agricultural operations, and are hereby put on official notice that the state Right-to-Farm Law (Act 133 of 1982) may bar them from obtaining a legal judgment against such normal agricultural operations.

B. Lot Requirements

  1. Lots proposed for residential use shall not exceed 1.50 acres of land unless applicant can demonstrate that such larger size is necessary to accommodate on-site water supply and on-site sewage disposal facilities.

2. Structures accessory to agricultural operations, including but not necessarily limited to barns, silos, and bulk bins, are exempt from the maximum building height limitations, but shall, have an additional set back equal to the set back specified herein plus an additional amount equal to their height that is in excess of 35 feetor 35 feet, whichever is greater.

3. Each of the following maximum and minimum dimensional requirements shall apply to each permitted use in the Agricultural Preservation District, except as specifically provided for in this Ordinance:

Lot Requirements / Residential Uses Single Family Home / Agricultural Uses / Agricultural Non-Residential Uses / Non-Agricultural Non-Residential Uses
Maximum Lot Area / 1.5Acres / None / None / None
Minimum Lot Area / 1.5 Acres / 25 Acres / 3 Acres
Lot Area Covered by Buildings / 25% / 25%
Paved Area / 15% / 15%
Minimum Lot Width at Street Line / 150 Feet / 200 Feet / 150 Feet / 150 Feet
Minimum Lot Width at Building Line / 150 Feet / 200 Feet / 150 Feet / 150 Feet
Minimum Front Yard / 50 Feet / 100 Feet / 40 Feet / 40 Feet
Minimum Side yard (each side) / 25 Feet / 70 Feet / 25 Feet / 25 Feet
Minimum Rear Yard / 50 Feet / 70 Feet / 40 Feet / 40 Feet
Lot Requirements / Residential Uses Single Family Home / Agricultural Uses / Agricultural Non-Residential Uses / Non-Agricultural Non-Residential Uses
Maximum Extent of Impervious Surface / 25%
MaximumBuilding Height / 35 Feet / None / 35 Feet / 35 Feet

AP – Agricultural PreservationIV - 1 of 5Rev. 1, 11/1/2018