Pequea Township

ARTICLE 5

AGRICULTURAL DISTRICT

Section 500 Purpose

The agricultural soil in Pequea Township is a non-replaceable

natural resource which is important to preserve for the benefit

of Pequea Township, Lancaster County, the Commonwealth of Pennsylvania,

and the entire country. This is true because:

A) Agriculture remains as a strong cultural influence to the

citizens of Pequea Township and Lancaster County.

B) Agriculture, agricultural support business, and processing of

agricultural products are a major contributor to the economy

and job market of Pequea Township and Lancaster County.

C) The aesthetic value and the inherent cultures of the agricultural

community serve as major attractions necessary for the

continuation of the local tourist industry.

D) The soils and climate of Lancaster County enable its farmers

to produce the largest value of agricultural goods of any nonirrigated

county in the nation.

E) Agricultural production in Lancaster County exceeds production

of any other county in the Commonwealth in nearly every category.

F) Approximately two thirds of the land in Pequea Township is

utilized for agricultural purposes. The majority of soils in

Pequea Township are prime agricultural soils.

G) The Commonwealth of Pennsylvania has acknowledged the importance

of preserving prime soils by establishing programs for

conservation easements, and by the requirement within the

Municipalities Planning Code, Section 604 (3) which states

"… The provisions of zoning ordinances shall be designed to

preserve prime agriculture and farmland considering topography,

soil type and classification, and present use."

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H) Both Pequea Township and Lancaster County have determined by

Comprehensive Plans that there is more than sufficient land

available in the Township, and the County, for residential,

commercial, and industrial needs without infringing upon the

agricultural areas which are proposed for continued agricultural

use.

I) The comprehensive planning process in Pequea Township has

shown an overwhelming desire to maintain the Township as a

rural community. This has been indicated by the Board of

Supervisors, Planning Commission, Citizens Advisory Group,

Environmental Advisory Council and the general public.

J) The Commonwealth of Pennsylvania has established, by provisions

in the Municipalities Planning Code, the conservation

easement program (Act 149 of 1988, as amended), the Agricultural

Security Law (Act 43 of 1981, as amended), the Clean and

Green Law (Act 319 of 1983, as amended), publications of

various Departments of the Commonwealth and Executive Order

No. 1994-3, that it is the policy of the Commonwealth to

preserve agricultural land.

Section 501 Intent

In the interest of public health, safety, and welfare, the Agricultural

District is further designed and intended to accomplish

the following:

A) Protect and stabilize agriculture in areas of productive soils

as an on-going, viable, major component of the economy of the

Township.

B) Permit only those land uses and activities which are agricultural

in nature or incidental thereto.

C) Encourage the preservation of the most productive farmland

within the Township as a valuable resource which is lost and

not reclaimable once it is developed for any purpose other

than agriculture by limiting uses within the Agricultural

District, limiting some uses permitted within the Agricultural

District to certain soil classifications, and insuring that

farms remain of sufficient size to be profitable for farming

by limiting the number of lots which may be created, limiting

the maximum size of residential lots, and imposing a minimum

lot size on farms to be created which is sufficient to insure

viability.

D) Prevent adverse effects resulting from the encroachment and

mixing of residential and other incompatible development, with

agricultural uses. For the farmer, such mixing would cause

increased traffic on the roads used to move farm machinery and

livestock; additional litter, which is a nuisance to crop

farming and a danger to livestock; damage and loss of crops

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and livestock from theft, mischief, or trespass; and complaints

about odors, noise, dust, barbed wire or electric

fencing, night operations, and other items which are normal

often uncontrollable aspects of farming. For the residential

or commercial occupant, farm operations can cause a nuisance

and health and safety hazards as well as the possible contamination

of well water by agricultural chemicals, fertilizers,

and animal waste.

E) Assure the ready availability of agricultural products to the

residents of the Township and region.

F) Direct development which is incompatible with agriculture into

other areas of the Township to foster conditions favorable to

the continuation of agriculture.

G) Provide maximum protection to existing and future agricultural

enterprises as a natural and national economic resource.

H) To implement the requirement of Section 604(3) of the Municipalities

Planning Code that zoning ordinances

to preserve prime agricultural land.

Section 502 Permitted Uses

Land and buildings in an Agricultural District shall be used only

for the following purposes:

A) Farm, provided that any use falling within the definition of

agribusiness or intensive agricultural production under Article

2 of this Ordinance shall be considered a special exception

use as set forth in Section 503 of this Ordinance.

B) Temporary portable structures for the retail sale of agricultural

products such as vegetables, fruits and eggs, provided

that such use and structure is in compliance with the provisions

set forth in Section 1735.

C) Nurseries and greenhouses unless retail sales. If retail

sales, these may be permitted by special exception (see Section

1953).

D) Conservation areas.

E) Accessory buildings and uses clearly incidental to the principal

use of the above permitted uses when located on the same

lot and do not include any activity conducted as a non-agriculturally

related business.

F) Processing of farm products produced on the farm.

G) Beekeeping.

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H) Animal waste storage facilities (see Section 1909).

Section 503 Special Exceptions

A) Special Exception Uses on All Soil Classifications. The

following uses may be permitted by special exception when

granted by the Zoning Hearing Board, on soils with any of the

eight (8) Agricultural Land Capability Classifications as

defined by the United States Department of Agriculture, and in

accordance with Article 19.

1) Intensive Agricultural Production Facility, subject to the

conditions set forth in Section 1911.

2) Agribusiness, subject to the conditions set forth in Section

1911.

3) Temporary Farm Employee Housing, subject to the conditions

set forth in Section 1908.

4) Farm support occupations subject to the conditions set

forth in Section 1938.

5) Elder Cottages subject to the conditions set forth in

Section 1934.

6) Permanent structures for the retail sale of farm products

such as vegetables, fruits and eggs, subject to the conditions

set forth in Section 1910.

7) Conversion of single-family detached to two family dwelling

subject to the conditions set forth in Section 1956.

8) Home occupations subject to the conditions set forth in

Section 1942.

9) Bed and Breakfasts subject to the conditions set forth in

Section 1959.

10) Other principal uses under Section 1736 determined by

the Zoning Hearing Board to be of the same general

character and not more detrimental than those permitted

uses.

11) Bus shelters subject to the conditions set forth

in Section 1935.

12) Retail sales from greenhouses and nurseries located in

the Township subject to conditions set forth in Section

1953.

13) Subdivision of one or more lots (including but not

limited to a subdivision to create a "farm" and a subPequea

Township Zoning Ordinance 126

division to change a lot line or a "lot add-on"), regardless

of the proposed use of such lot or lots, from

or the erection of dwellings or other principal nonagricultural

buildings on a parent tract which is

twenty-five (25) or greater acres. An applicant for

such a special exception shall demonstrate compliance

with all requirements of Section 504 and Article 19 of

this Ordinance. If the subdivision is to create a lot

which may be developed with a dwelling or if the applicant

proposes the erection of a dwelling on a parent

tract, the applicant shall also demonstrate compliance

with Section 1970 of this Ordinance.

14) One subdivision of land from a parent tract to increase

the lot size of an adjoining residential lot located in

the Agricultural District, which shall not count

against the quota of lots which may be subdivided from

or principal non-agricultural uses which may be

established on a parent tract established in Section

504(B) subject to the following criteria:

a) The residential lot shall not exceed the maximum lot

area for single family dwellings set forth in Section

504(A)(1) after the land is added, and the parent tract

shall meet the minimum lot area after land is removed.

b) The area to be added to the residential lot shall not

exceed one half (0.5) acre.

c) The new property line for the residential lot shall

follow any natural boundary line such as streams,

ridges, streets, hedge rows, tree lines, culverts or

similar features.

d) If the new property line will not follow a natural

boundary as set forth in subparagraph (b) above, the

new lot line shall be parallel to the existing property

line of the residential lot.

e) The area to be added to the residential lot shall not

be for the purpose of installation of sewage

facilities. Sewage disposal systems that cannot be

accommodated on the residential lot shall be addressed

by means of easements on the adjacent parent tract.

f) Both the residential lot to which the land is added and

the parent tract from which the land is removed shall

comply with all setback, yard, coverage and other

regulations after the transfer of the land.

g) No structures other than structures accessory to an

existing residential dwelling shall be erected on the

land which is added to the residential lot.

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h) The owner or his predecessors in title of the parent

tract has not previously transferred land using this

exemption from the quota established by Section

504(B)(1).

15) One single family detached dwelling on a lot of record

held in single and separate ownership which is not

presently improved with a single family detached

dwelling or other principal non-agricultural building

subject to the requirements for Sections 504 and 1970

of this Ordinance.

B) Special Exception Uses on Non-Prime Agricultural Soil

Classifications. The following uses may be permitted by

special exception only on soils with Agricultural Land

Capability Classification of IV, V, VI, VII, and VIII, as

defined by the United States Department of Agriculture.

1) Publicly or privately owned facilities not associated with

residential use, including hunting facilities, golf

courses, campgrounds, riding clubs, riding schools, horse

boarding stables, and sportsman’s clubs; providing that:

a) The use and its design are compatible with the natural

character of the area.

b) Each building or structure shall be clearly incidental

to the permitted outdoor use.

c) Any club or lodge building and its services shall be

for the use of members and the guests only.

d) No commercial activity shall be permitted except for

charging of admission, the sale of refreshments or such

other purpose as is clearly incidental to the permitted

outdoor activity.

e) Each permitted use shall be screened or separated from

a public street and from adjoining property by a

landscape buffer and screen not less than one hundred

(100) feet in depth. Each permitted use shall also

comply with all requirements of §1710.

f) Each incidental commercial use shall be located or

screened so that it shall not be visible from a public

road or street.

g) There shall be no overhead lighting other than in

campgrounds which shall be incidental to the safety of

overnight campers.

h) Hours of operation shall be no sooner than one half

(1/2) hour before sunrise, or later than one half (1/2)

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hour after sunset, except campgrounds which may allow

only registered campers on the facility during evening

hours.

i) Applicable specific areas of Article 19 are complied

with.

2) Animal hospitals, veterinary offices and kennels

subject to the conditions set forth in Section 1919.

3) Fire and ambulance houses, municipal buildings and uses

and similar public buildings.

4) Public utility service structures subject to the

conditions set forth in Section 1951.

5) Subdivision of one lot from or erection of one dwelling on

a parent tract greater than two (2) acres and less than

twenty-five (25) acres, subject to all requirements of

Sections 504 and 1970 of this Ordinance.

Section 504 Agricultural Area and Height Regulations

A) Area Limitations and Requirements. The minimum and maximum

lot sizes for uses within the Agricultural District shall be

as follows:

1) Single family dwellings. Minimum lot size of one (1) acre

and maximum lot size of two (2) acres. If DEP regulations

require an area greater than two acres for the dispersal

of nitrogen-nitrates, the land area necessary for this

dispersal shall not be permitted to be a part of the lot.

The owner of the parent tract from which such lot is

created shall record all necessary documentation to grant

a plume easement over adjoining land on the parent tract

to provide for the necessary dispersal of the nitrogen-nitrates.

2) Farms. The minimum lot size for any farm existing on the

effective date of this Section (September 9, 1996) shall

be ten (10) acres. The minimum lot size for any farm

created after the effective date of this Section shall be

fifty (50) acres.

3) Public utility service structures. No minimum lot size.

4) All other principal uses. Minimum lot size of one (1)

acre.

B) Subdivision and Land Development Limitations. It is the

intent of the Supervisors to preserve and protect agriculture

and to preserve prime agricultural soils through limitations

on subdivision and land development.

Pequea Township Zoning Ordinance 129

1) Number of lots, dwellings or other principal nonagricultural

buildings permitted. For each parent tract

there shall be permitted by special exception the

subdivision of one (1) lot (which shall specifically

include, but not be limited to, a subdivision to create a

farm or farms and a subdivision to change lot lines or a

"lot add-on" subdivision which removes land from the

parent tract to add the land to another lot) or the

erection of one (1) single family dwelling or other

principal non-agricultural building on the parent tract,

but not both, with the portion of the existing or newly

created lot used for residential purposes limited to the

maximum lot size set forth in Section 504(A)(1) above, for

each twenty-five (25) acres held on October 10, 1988, or

if the parent tract was not classified as Agricultural

District on October 10, 1988, on the date when such land

was first included in the Agricultural District after

October 10, 1988. A tabular example of this limitation on

the creation of lots or the erection of dwellings is as

follows:

Parent Tract Size Number of Lots Permitted

to be

in Acres Subdivided or Dwellings

or Principal Non-

Agricultural Buildings

Permitted to be Erected

At least 2 but less than 25 1

At least 25 but less than 50 2

At least 50 but less than 75 3

At least 75 but less than 100 4

At least 100 but less than 125 5

At least 125 but less than 150 6

At least 150 but less than 175 7

At least 175 but less than 200 8

At least 200 but less than 225 9

At least 225 but less than 250 10

a) For those parent tracts equal to or greater than two

(2) acres but less than twenty-five (25) acres, one

new lot may be subdivided or one single-family

dwelling or other principal non-agricultural building

may be erected by special exception provided that such

new lot contains soils predominantly within the agricultural

land capability classifications of IV, V, VI,

VII, or VIII as defined by the USDA or such dwelling

shall be constructed upon such soil types and be

surrounded predominantly by such soil types and be

immediately adjacent to an existing public road. No

further subdivision or erection of additional singlefamily

dwellings or other principal non-agricultural

buildings shall be permitted. Any plan for the

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subdivision of any such lot or the erection of any

such dwelling or other principal non-agricultural

building shall contain a note stating that further

subdivision of the parent tract or the erection of

additional dwellings or other non-agricultural principal

buildings is prohibited. The deed for any lot so

created shall contain a similar notation.

b) For those parent tracts which contain at least twentyfive

(25) acres, the table set forth above shall be

followed to determine the number of lots which may be

created or the number of dwellings or other principal

non-agricultural buildings which may be erected. A

special exception shall be required to authorize the

subdivision of each such lot or the erection of each

such dwelling or other principal non-agricultural

building. Whenever possible, each lot shall be

created to contain and each dwelling or other nonagricultural

building shall be erected on soils with

the agricultural land capability classifications of

IV, V, VI, VII, or VIII as defined by the USDA. The

burden shall be upon the applicant to demonstrate that

development on such soils is not possible. If

subdivision of a lot with such soils or the location

of a dwelling or other principal non-agricultural

building upon such soils is not possible, the lot or

dwelling or other principal non-agricultural building

shall be so located as to be directly adjacent to an

existing public road.

c) The number of lots which may be created or single

family dwellings or other principal non-agricultural

buildings which may be erected on the parent tract

shall be fixed according to the parent tract. This

number shall not be increased by the subdivision of

such parent tract. Any subsequent owner of a parent

tract or land remaining in a parent tract after

subdivision shall be bound by the actions of his

predecessor.

d) Any land development, the purpose of which is to

permit the erection of a permanent single family

dwelling on a parent tract which has been previously

improved with a dwelling which also will remain upon

the parent tract or to permit the erection of a

structure for an additional principal use on the

parent tract shall be considered a subdivision for the

purposes of this Section. It is the purpose and

intent of this Section to limit the development of

agricultural tracts for non-agricultural purposes

regardless of whether such development is accomplished

by subdivision or land development as those terms are

defined in the Municipalities Planning Code.

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e) No subdivision shall be permitted which shall increase

the lot size of a lot of record used or to be used for

residential purposes in excess of the maximum lot size

as set forth herein. Any lot which is less than ten

(10) acres in size shall be presumed to be used for

residential purposes.

f) If a parent tract is to be subdivided to create a new

lot for a farm, the remainder of the parent tract and

the new lot to be created for the new farm each must

contain a minimum of fifty (50) acres. The applicant

shall have the burden to present substantial evidence

to the Zoning Hearing Board to support the applicant’s

position that the principal use of the new lot will be

a farm.

g) In addition to any other requirements of this

Ordinance, any proposal to subdivide a parent tract to

create a new lot which is greater than two (2) acres

but less than fifty (50) acres or which will result in

the remainder of the parent tract being in excess of

two (2) acres but less than fifty (50) acres shall not

be permitted unless the applicant for such special

exception shall demonstrate (i) that the lot size and

the use to be conducted upon such lot or remainder of

the parent tract is authorized within the Agricultural

District and, if such use is authorized by special

exception such special exception shall have been

obtained, or (ii) that the proposed subdivision uses

all remaining rights to subdivide lots or erect

additional dwellings or other principal nonagricultural

buildings on the parent tract and no

configuration which would limit the creation of the

lot to less than two acres while retaining a parent

tract of at least fifty (50) acres is possible. Notwithstanding

the foregoing, a landowner of a parent

tract shall be permitted to subdivide the number of

residential lots with a maximum lot size of two acres

authorized by Section 504(B)(1) even if such

subdivision or subdivisions will result in the

remainder of the parent tract being less than fifty

(50) acres.

2) Exemptions from special exception requirements and

limitation on subdivision of land. The following types of

subdivisions shall not be required to obtain a special

exception under Section 503 and shall not be counted

against the subdivision/land development quota established

by Section 504(B)(1):

a) A subdivision, the sole purpose of which is to

transfer land to increase the size of a tract being

used for agricultural purposes, where both the parent

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tract from which the land is taken and the parent

tract to which the land is added will be fifty (50)

acres or greater after such subdivision.

b) A subdivision to create a lot which will be

transferred to the Township or a municipal authority

created by the Township.

3) Exemptions from limitation on subdivision of land. The

following types of subdivisions shall not be counted

against the subdivision/ land development quota

established by Section 504(B)(1):

a) A subdivision, the sole purpose of which is to

transfer not more than one half (0.5) acres of land to

increase the size of an existing residential lot in

accordance with the criteria in Section 503(A)(14) of

this Ordinance.

4) Requirements for plans and deeds relating to lands within

the Agricultural District. Any subdivision or land

development plan hereafter filed with the applicable

approving body for subdivision or land development of land

in the Agricultural District shall specify on the recorded

plan which lot or lots shall carry a right of further subdivision

or erection of single family dwellings or other

principal non-agricultural buildings, if any such right

remains from the quota allocated to the parent tract on

October 10, 1988, or on the date when such land was first

included in the Agricultural District, whichever is later.

The right of further subdivision or erection of single

family dwellings or other principal non-agricultural

buildings, or an statement that no further subdivision or

erection of single family dwellings or other principal

non-agricultural buildings is permissible, shall also be

included in the deed to the newly-created lot. If the

designation of the right of further subdivision or

erection of additional single family dwellings or other

principal non-agricultural buildings was not included on

a subdivision or land development plan of a parent tract,

it shall be conclusively presumed that the largest lot

remaining after subdivision shall carry the right of

further subdivision or erection of additional single

family dwellings or other principal non-agricultural

buildings.

C) Minimum Lot Width. One hundred fifty (150) feet.

D) Minimum Lot Depth. Two hundred (200) feet.

E) Yard Requirements. Unless otherwise provided in this

Ordinance, all buildings shall be set back from the right-ofway

line of public roads and from all lot lines the following

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minimum distances:

1) Front Yard. The distance set forth in Article 15 between

the center line or right-of-way line, whichever is

applicable, of a public road and the building line.

2) Side Yard. There shall be two (2) side yards each having

a minimum width of twenty (20) feet.

3) Rear Yard. The rear yard shall have a minimum depth of

sixty (60) feet; provided, however, that if the rear yard

abuts a public right-of-way, the rear yard setback shall

be governed by the limitations on front yard setback, if

greater.

F) Impervious Surface Area. Impervious surfaces shall cover no

more than twenty five (25%) percent of the area of the lot for

a single family detached dwelling or five (5%) percent of the

area of the lot for farms or fifteen (15%) percent of the area

of the lot for other uses.

G) Height Regulations. No building may exceed thirty-five (35)

feet in height except as provided in Article 17 of this

Ordinance.

Section 505 Compliance With the Agricultural

Performance Standards

Compliance with applicable provisions of Section 1732 is

required.

Section 506 Landscape Requirements

All lots within this district containing any use other than

agriculture or one single family residence shall be provided with

landscape buffers and walking areas, etc. in accordance with

regulations contained in Article 17, General Regulations and

Section 1710.

Section 507 Agricultural Nuisance Disclaimer

Lands within the Agricultural District are located within an area

where land is used for commercial agricultural production.

Owners, residents and other users of this property may be

subjected to inconvenience, discomfort and the possibility of

injury to property and health arising from normal and accepted

agricultural practices and operations including but not limited

to noise, odors, dust, the operation of machinery of any kind

including aircraft, the storage and disposal of manure, the

application of fertilizers and soil amendments. Owners,

occupants and users of this property should be prepared to accept

such inconveniences, discomfort and possibility of injury from

normal agricultural operations,and are hereby put on official

Pequea Township Zoning Ordinance 134

notice that Section 4 of the Pennsylvania Act 133 of 1982, "The

Right to Farm Law", may bar them from obtaining a legal judgment

against such normal agricultural operations used in a prudent

manner.

Section 508 Flag Lots

Flag lots shall be permitted by special exception within the

Agricultural District subject to the limitations on the creation

of lots set forth in Sections 503 and 504 of this Ordinance and

subject to the following additional design standards:

A) The area within the flag pole providing access to the flag lot

shall not be included to determine whether the lot complies

with the minimum lot area requirements. However, the area of

the flag pole shall be calculated in determining whether the

lot exceeds the maximum lot area for residential lots. If two

flag lots share a single flag pole, one half of the area of

the flag pole shall be included within the area of each lot

for the purpose of determining whether the lot exceeds the

maximum lot area for residential lots.

B) The flag pole shall have a minimum width of twenty (20) feet.

If the land within the flag lot is large enough to be further

subdivided into a second residential lot, the minimum width of

the flag pole shall be twenty-four (24) feet. If the plan

creating the lot and the deed for such lot contain a

restriction prohibiting subdivision of the lot, the flagpole

shall have a minimum width of twenty (20) feet.

C) Not more than two (2) flag lots of any ownership may have

adjoining driveway entrances to a public street.

D) The stacking of flag lots to form more than two (2) tiers of

lots is prohibited.

E) Flag lots shall not be created which are not developable or

not accessible through the flag pole due to topographic or

other natural features.

F) Flag poles shall not exceed the maximum length of cul-de-sac

streets as set forth in the applicable subdivision and land

development ordinance.

G) For the purpose of establishing the minimum required setbacks,

all yards shall be considered rear yards. For lots created

under this Section only, lot width shall be measured at any

building setback line.

H) Flag lots, including the flag pole, may be created only on

soils of soil class IV, V, VI, VII or VIII as defined by the

USDA with the exception of a subdivision to create a lot for

an existing dwelling and its accessory uses.

Pequea Township Zoning Ordinance 135

12-16-04

ARTICLE 5-A

MR-MINERAL RECOVERY DISTRICT

Section 550 Permitted Uses

Land and buildings in the MR-Mineral Recovery District shall be

used only for the following purposes:

1) Any use permitted as of right in the Agricultural District.

Section 551 Special Exceptions

A) The following uses may be permitted by the Zoning Hearing

Board by special exception in accordance with Article 19:

1) Any use permitted by special exception in the Agricultural

District other than communications antennas mounted on a

tower, building or other structure.

2) Solid waste disposal facility in accordance with the

provisions of Section 1912.

3) Quarrying and mining in accordance with the provisions of

Section 1913.

4) Recycling and resource recovery facilities in accordance

with the provisions of Section 1915.

Section 552 Area and Height Regulations

A) The lot area, lot width, lot depth, yard, coverage, and height

requirements for uses permitted as of right or by special

exception in the Agricultural District which are permitted as

of right or by special exception in the Mineral Recovery

District shall be in accordance with Section 504.

B) The lot area, lot width, lot depth, yard, coverage, and height

requirements for solid waste disposal, mining, and recycling

and resource recovery facilities shall be as set forth in

Sections 1912, 1913, and 1915, respectively.

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Section 553 Landscape Requirements

Uses listed in Sections 551(A)(2), 551(A)(3) and 551(A)(4) in

this District shall comply with the provisions of Section 1710,

General Landscape and Buffer Regulations. Other uses requiring

landscape regulations shall be as in the Agricultural District

requirements.