TOWNSHIP OF LONDONDERRY Dauphin County, Pennsylvania ORDINANCE NO. _______ AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE TOWNSHIP OF LONDONDERRY, CHAPTER 27, ZONING, TO FURTHER PROVIDE FOR THE ENFORCEMENT AND ADMINISTRATION OF THE CHAPTER, TO REVISE REGULATIONS GOVERNING THE AGRICULTURAL DISTRICT, TO ESTABLISH A NEW A­O AGRICULTURAL OVERLAY DISTRICT, TO REVISE THE ZONING MAP TO ESTABLISH THIS OVERLAY DISTRICT ALONG PARTICULAR ROADWAYS AND ON PARTICULAR SITES, TO REVISE THE USE REGULATIONS IN THE RESIDENTIAL DISTRICT (SINGLE FAMILY) AND GENERAL USE REGULATIONS, TO PERMIT AND REGULATE TEMPORARY AND PERMANENT STRUCTURES FOR THE SALE OF AGRICULTURAL COMMODITIES, TO REVISE REGULATIONS GOVERNING INSTITUTIONAL PARKING, AND TO ADD DEFINITIONS. BE AND IT IS HEREBY ORDAINED AND ENACTED by the Board of Supervisors of the Township of Londonderry, Dauphin County, Pennsylvania, as follows: Section 1. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 3, Definitions, §302, Specific Terms, shall be amended to add, restate or delete the following definitions in alphabetical order: AGRICULTURAL COMMODITIES Agricultural commodities shall mean agricultural commodities as defined in the Right to Farm Act, 3 P.S. §951 et seq. AGRICULTURE The tilling of the soil, the raising of crops, horticulture, gardening, and including the production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees, tree farms, plant nurseries, horticulture, forestry, forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
{L0557223.3} 1 BED AND BREAKFAST A bed­and­breakfast shall be defined as a single family detached dwelling, where between one and ten (10) rooms are rented to overnight guests not to exceed twenty (20) guests on a daily basis for periods not exceeding two weeks. FAMILY FARM SUPPORT BUSINESS A business that is customarily accessory to an on­site principal agricultural use and which meets all of the following additional requirements: 1. Is conducted on property which is located in the A Agricultural District, on property that continues to be used for principal agricultural purposes; 2. Is principally owned and operated by at least one of the owners or lessees of such property or a member of the immediate family of such an owner or lessee, and the owner and operator or lessee and operator of the family farm support business resides on the property; and 3. Meets the additional requirements for such use that are provided in Section 1601, which are intended to limit the use to a small scale with limited site coverage. FAMILY FARM SUPPORT BUSINESS, LIGHT A type of family farm support business that meets the requirements for such use in Section 1601. Light family farm support businesses are distinguished from general family farm support businesses by the number of non­resident employees and/or the type of use. FAMILY FARM SUPPORT BUSINESS, GENERAL A type of family farm support business that meets the requirements for such use in Section 1601. General family farm support businesses are distinguished from light family farm support businesses by the number of non­resident employees and/or the type of use. LIVESTOCK AND POULTRY, INTENSIVE RAISING OF 1. This term shall mean a use comprised of the raising of livestock and/or poultry involving a total average of 3 or more “animal equivalent units” (see definition herein) of live weight per acre of livestock or poultry. 2. An Animal Equivalent Unit (AEU) is 1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. This weight is calculated on an annualized basis. These units shall be calculated as provided under the State Nutrient Management Act regulations and accompanying standards prepared by the Penn State University Cooperative Extension Service.
{L0557223.3} 2 3. These zoning intensity provisions shall be based upon the total acreage of one or more adjacent lots (which may be separated by a road) under common ownership, operation or lease, and are not based upon the acreage that is available for disposal of wastes. PRIME AGRICULTURAL SOILS Land in Soil Capability Classes I, II, and III as defined by the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) and published as in the Dauphin County Soil Surveys. PUBLIC GROUNDS ­­ Includes: 1. Parks, playgrounds, trails, paths and other recreational areas and other public areas; 2. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and 3. Publicly owned or operated scenic and historic sites. ROADSIDE PRODUCE STAND, TEMPORARY A temporary structure intended to sell produce that was locally grown on a farm located within the Township. The term produce shall include fruits, vegetables, flowers, baked goods and similar items. SANATARIUM, SANITORIUM A private hospital, whether or not such facility is operated for profit. TOURIST HOME An establishment in a private dwelling that supplies temporary accommodations to overnight guests for a fee. VINEYARD Ground planted with grapevines cultivated for the purpose of producing wine. A vineyard is used exclusively for the production of grapes and/or other crops which may be made into wine. The term “vineyard” shall not include a winery, which is a separate use. WINERY A place where wine is produced, bottled and sold. A winery processes grapes and other fruit products or vegetables, to produce wine or similar spirits, but not malt or distilled beverages. Processing includes crushing, fermenting, blending, aging, storage, bottling, administrative office functions for the winery, warehousing and wholesale sales. Any other activities
{L0557223.3} 3 associated with a winery, including but not limited to retail sales, shall be limited as set forth elsewhere in this Chapter. Section 2. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 4, Enforcement and Administration, §413, Permits, Subsection 2, shall be amended to provide as follows: 2. Application for permits. All applications for permits shall be accompanied by plans in duplicate. Where another Section of this Chapter specifically requires submission of a site plan, the plan submitted with the application shall meet the requirements of Section 422. In all other cases the plan shall be drawn to scale, showing the actual shape and dimensions of the lot which is the subject of the application, the exact size and location of any buildings existing on the lot, the lines within which each proposed building or structure shall be erected or altered, the existing and intended use of each building, the number of dwelling units the building is designed to accommodate, and such other information as may be necessary to determine compliance with this Chapter and all other pertinent ordinances. Section 3. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 4, Enforcement and Administration, shall be amended to add a new Sections 421, Conditional Uses, and 422, Site Plan Requirements, which shall provide as follows: §421. Conditional Uses. 1. All applications for hearings on a conditional use application shall be made on forms provided by the Township. No application shall be considered complete until any required fees have been paid and until a site plan has been submitted. All applications requesting approval to establish or expand a nonresidential use or which concern a residential use containing 10 or more dwelling units shall submit a plan drawn to the standards of a sketch plan under Chapter 22, Subdivision and Land Development. 2. Criteria. Each applicant for a conditional use shall demonstrate compliance with the following criteria: A. The applicant shall establish, by credible evidence, compliance with all conditions on the conditional use enumerated in the section which gives the applicant the right to seek the conditional use. B. The applicant shall establish, by credible evidence, that the proposed conditional use shall be properly serviced by all existing public service systems. Similar responsibilities shall be assumed with respect to other public service systems, including but not limited to public protection, fire protection, utilities, parks and recreation. C. The applicant shall establish, by credible evidence, that the proposed conditional use shall be in and of itself properly designed with regard to internal circulation, parking, buffering and all other elements of proper design as specified in this chapter and any other governing law or regulation. The peak traffic generated by the subject of the
{L0557223.3} 4 application shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. D. The applicant shall provide the Board of Supervisors with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations. E. The applicant shall have the burden of persuasion to demonstrate that proposed conditional use shall not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and the use of the property adjacent to the area included in the conditional use application shall be adequately safeguarded. 3. Conditions. The Board of Supervisors, in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the Comprehensive Plan, including conditions which are more restrictive than those established for other uses in the same district. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties as prescribed by law. 4. Site plan approval. Any site plan presented in support of the conditional use shall become an official part of the record for such conditional use. Approval of any conditional use will also bind the use in accordance with the submitted site plan. Should any change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a zoning permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another conditional use approval. 5. Hearing procedures. All hearings shall be conducted in accordance with the requirements of the Pennsylvania Municipalities Planning Code. §422. Site Plan Requirements. Whenever another Section of this Chapter requires the submission of a site plan for an application for a zoning permit, application to the Zoning Hearing Board, or application for a conditional use, the applicant shall provide all information required by this Section. 1. The applicant shall submit a plan, which shall be legible in all respects, which shall be drawn to scale, and which shall show all of the following: A. Locations, dimensions and uses of all existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land. The plan shall clearly identify and distinguish existing structures and features from proposed structures and features. B. Dimensions of all buildings and setbacks of all buildings from street rights­of­way.
{L0557223.3} 5 C. Number of existing off­street parking spaces meeting design requirements of this Chapter and number of proposed off­street parking spaces meeting design requirements of this Chapter. D. Locations of any watercourses and any floodplains. E. If a subdivision is proposed, proposed lot lines, lot areas, lot widths, and other applicable dimensional requirements. F. Areas of impervious surface coverage, building area, and the percentage of the lot covered by buildings. G. For land within the Agricultural District, identification of areas of prime agricultural soils. H. Name and address of the person who prepared the site plan. 2. Additional information. Each application shall include the following information: A. The assigned street address of the lot. B. Name and address of the applicant, and, if different, name and address of the property owner. C. A description of the proposed use of the property. D. All other information requested by the Township’s application form. 3. Additional information for Nonresidential Uses. A. Description of proposed operations and storage in sufficient detail to identify types and volume of traffic, outdoor storage, and any fire or safety hazards. B. Heights, locations, and methods of illumination and intensity of exterior lighting. C. Identification of all existing and proposed signs, including area of each sign and whether such sign is or will be illuminated. D. Identification of uses on adjoining properties. Section 4. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 5, A – Agricultural District, shall be amended and restated to provide as follows:
{L0557223.3} 6 §501. Intent. The Agricultural District is comprised primarily of the existing agricultural area of the Township and those areas where environmental conditions are most conducive to high crop yields. The Agricultural District is intended to promote the continuation and preservation of permitted agricultural activities in those areas designated and most suitable for such activities. This district also intends to protect and stabilize the Township’s viable agricultural economy by permitting only those uses that are compatible with farming. The Agricultural District is intended to conserve areas with concentrations of prime agricultural soils and/or areas where agricultural activities are prevalent. This district is intended to reduce conflicts between non­agricultural uses and agricultural uses, such as to minimize complaints from residents in the Agricultural District regarding the use of nutrients, pesticides, herbicides, as well as engaging in nuisance related activities from normal agricultural activities that generate noise, dust, odor and other routine impacts. This district is intended to allow specifically approved accessory business uses that act to sustain agricultural activities. This district also seeks to minimize the types of non­agricultural uses that are most likely to consume large amounts of agricultural land. 502. Permitted uses. 1. Agriculture, as defined in Part 3, and customary, secondary and incidental accessory uses thereto, including the following uses, but not including an Intensive Raising of Livestock and Poultry use, which shall require special exception approval. A. Raising of crops, including fruits, vegetables, and grains, including a vineyard as defined in Part 3. B. Storage, packing and sale of agricultural products grown on the premises. C. Engaging in horticulture and nursery and greenhouse operations. D. Keeping, raising and breeding of poultry, livestock, horses and similar animals, or bees or similar insects, and other agriculture uses, in compliance with the applicable regulations for Animals and Poultry in Section 1601. E. Processing and storage of eggs, milk and milk and dairy products and similar products such as cheese and ice cream produced on the premises. F. Processing of animal and poultry products produced on the premises, but not including a slaughterhouse. G. Operation of a seasonal roadside produce stand for the sale of agricultural products to the public, provided conditions specified in Part 16, §1618 for a roadside produce stand are met.
{L0557223.3} 7 H. Operation of a permanent accessory building or structure for sale of agricultural products to the public, provided conditions specified in Part 16, §1619 are met. 2. No Impact Home based Businesses as defined by the Municipalities Planning Code. 3. Home occupations, in compliance with the regulations in Part 16, §1602.2. 4. Bed­and­breakfast establishments, in compliance with the conditions in Part 16, §1602.8, and provided such use shall not result in the removal from agricultural activities of more than 5 acres of prime agricultural soils. 5. Horse riding academy and boarding of horses, in compliance with the applicable regulations for animals and poultry in Part 16, §1601. 6. Single­family dwellings, with the exception of mobile homes, as defined in Part 3 hereof, with no more than two accessory buildings other than farm­use­related structures. 7. Churches and other places of worship and cemeteries provided that a lot occupied by such use(s) shall not include more than five (5) acres of prime agricultural soils. 8. Public utility transmission and distribution systems. 9. Radio and television towers and other communications towers and antenna, provided that the total of such uses on a lot shall not result in the removal from agricultural activities of more than one­half (1/ 2) acre of prime agriculture soils. 10. Structures and uses owned and/or operated by Londonderry Township or a municipal authority created by the Township for public, recreation or utility purposes. 11. Signs pertaining to a use conducted on the property and meeting the requirements of Part 18 12. Customary accessory buildings and customary incidental accessory uses, as defined in Part 3, to a permitted use under this § 502, with the exception of such accessory buildings and uses to a bed and breakfast, which shall require conditional use approval under § 502A. 13. Conservation areas and structures for the conservation of open space, water, soil, forest and wildlife resources, which may include hiking trails owned by governmental entities, and camps. 14. Winery and those accessory uses to a winery set forth in this subsection, subject to the following limitations: A. Retail sales of agricultural commodities other than wine or cider shall meet the limitation of Section 502.1(G). B. Retail sales of non­agricultural commodities shall be limited to wine­related items, including, but not limited to, corkscrews, wine glasses, wine carriers, wine gift baskets,
{L0557223.3} 8 and similar items; clothing items including the name of the winery; books relating to agricultural activities or wine. C. Tastings shall be limited to wine and cider produced in the winery which are offered for sale in accordance with the requirements of this section. D. Not more than one building in which both retail sales and tastings are conducted shall be permitted on any lot. Any building erected after the effective date of this Section for retail sales and tasting shall not be located on prime agricultural soils. E. Maximum floor area for a retail accessory use. The maximum floor area of a building which may be devoted to serving the customers shall be three thousand (3,000) square feet. Floor area devoted to serving the customer shall include any area for customer access and circulation, for the display of products including floor area devoted to counters, tables, display cases, preparing products for customers and similar purposes. Floor area not included in the area devoted to serving the customer would include display areas outside the building or structure as well as inside floor area for storage and processing of wine where customer access is restricted, except for instructional tours related to the wine making process. F. Off­street parking meeting the requirements of Part 19 shall be provided for any retail use accessory to a winery. Off­street parking areas shall not be located on more than one­half (½) acre of prime agricultural soils. G. A separate zoning permit shall be required for a retail use accessory to a winery. The applicant desiring to establish a retail use accessory to a winery shall submit an application meeting all requirements of Part 4. H. Guided tours of the winery and vineyard may be conducted. Off­street parking for tours of the winery and vineyard shall be in addition to the off­street parking for retail sales accessory to a winery. 15. Light Family Farm Support Businesses, provided that conditions specified in Part 16, §1601 for a light family farm support businesses are met. 16. Wind turbine(s) with a maximum total height from the ground level to the top of the extended blade of 300 feet, and provided such use does not result in the removal from agricultural activities of more than five (5) acres of prime agricultural soils. The minimum setback in feet from all lot lines and street rights­of­way shall not exceed such maximum total extended height in feet. 17. Solar energy collectors, provided such use does not result in the removal from agricultural activities of more than five (5) acres of prime agricultural soils. 18. Kennels in compliance with the applicable regulations for animals and poultry in Part 16, §1601, provided such use does not result in the removal from agricultural activities of more than five (5) acres of prime agricultural soils.
{L0557223.3} 9 §502A. Conditional uses. 1. Slaughterhouse provided conditions specified in Part 16, §1614, Criteria for Slaughter Houses, are met. 2. Golf course, provided that the following requirements are met: A. The minimum lot area shall be 185 acres and shall contain 18 golf holes. B. No building shall be located closer than 100 feet to any property line. C. Golf course design shall not permit or encourage a golf ball to be driven across any building, lot, parking lot, street, access drive or driveway. D. Golf course design shall minimize golf path crossings of streets, access drives, and driveways. Easily identifiable golf paths must be provided for crossing of streets, access drives and driveways. E. Golf courses may include the following accessory uses if such uses are reasonably sized and located so as to provide incidental service to golf course employees and users: 1. Clubhouse, which may include: a. Restaurant, snack bar, lounge and/or banquet facilities. b. Locker and restrooms. c. Pro shop. d. Administrative offices. e. Golf cart and maintenance equipment storage and service facilities. f. Child care facilities and connected, fence­enclosed outdoor play areas. 2. Accessory recreational amenities located inside of the clubhouse or outside of the clubhouse including: {L0557223.3} a. Fitness and health equipment, including workout machines, spas, whirlpools, saunas and steam rooms. b. Driving ranges, provided that no lighting is utilized and ranges are netted or designed so that balls will not be driven across any building, parking lot, street, access drive or driveway. c. Putting greens.
10 d. Swimming pool. e. Tennis, handball, racquetball, squash, volleyball, and badminton courts. 3. Freestanding maintenance equipment and supply buildings. 4. Outdoor storage of maintenance equipment and/or golf carts, provided such areas are set back at least 100 feet. 3. Accessory buildings and accessory uses associated with a bed and breakfast establishment as defined in Part 3. 4. General family farm support businesses, including the sale and repair of agricultural equipment, sale of feed, seeds and fertilizer, and closely similar businesses that serve and supply local agricultural activities, but not including industrial feed mills or fertilizer production provided that conditions specified in Part 16, §1601 for a family farm support businesses are met. 5. Airports, public and private, for the landing and takeoff of aircraft, both airports and aircraft as defined in Part 20, §2003, provided such use does not result in the removal from agricultural activities of more than twenty (20) acres of prime agricultural soils. If land adjacent to a runway continues to be used for agricultural activities, it shall not be included in such twenty (20) acre maximum. §503. Height Regulations. The height of a building shall not be greater than 50 feet. This height restriction shall not apply to silos and similar structures that require a taller height for agricultural purposes. §504. Area and Subdivision Regulations. The following shall apply unless a more restrictive requirement is established in another section of this chapter in a particular situation: 1. The minimum lot area shall be not less than 43,560 square feet (one acre). 2. Each residential lot shall contain no more than two acres of prime agricultural soil unless the applicant proves to the Zoning Officer that A. a larger acreage is needed to meet other Township, state and/or federal requirements (such as for an alternate drain field); and/or B. that there are no alternatives for the lot layout that will allow at least one lot to be useful for productive agricultural activities. 3. The number of lots that may be approved is limited by this Section. Each lot shall not be occupied by more than one dwelling unit or principal non­agricultural use, except where a
{L0557223.3} 11 lawful nonconforming situation exists. The following table establishes the maximum number of lots that shall be allowed from a parent tract of land, based upon the acreage of the tract that existed as of April 17, 2001. For example, if a 40 acre parent tract existed in 2002, and it is allowed 7 total lots, and 2 new lots were approved in 2010, then up to 4 new lots may be approved, in addition to the remainder lot. Size of Parent Tract in Acres As of April 17, 2001 Maximum Number of Lots that Shall be Allowed on the Parent Tract Less than 2 2 but less than 5 5 but less than 10 10 but less than 15 15 but less than 25 25 but less than 35 35 but less than 50 50 but less than 65 65 but less than 85 85 and over No new lots shall not be created. 2 3 4 5 6 7 8 9 10, plus 1 lot for each additional 20 acres beyond the first 100 acres. 4. Whenever a subdivision is approved, the record plan shall clearly state which lots retain the rights of future subdivision and how many lots, if any, may be created in the future in accordance with this Subsection. 3. A statement to this affect shall be also be recorded with the property deed, and such provision shall continue in effect unless and until a future amendment to this Zoning Ordinance may allow additional subdivisions. Such text shall be subject to preapproval by the Township. 5. Lots that are solely created to include public water supply, stormwater or sanitary sewage facilities shall not count towards the maximum number of lots. 6. A lot created to be to be transferred to an entity with the power of eminent domain shall not count towards the maximum number of lots. 7. Land areas that are leased solely for a communications tower or a wind turbine shall not count towards the maximum number of lots. 8. An applicant may, at his/her option, have two or more adjacent lots in common ownership be considered together in determining the number of allowed lots. In such case, the record plan shall state the number of lots allowed to be created on each of those lots. For example, a landowner may obtain approval to have all of the lots that would have been allowed on a larger lot to instead be approved on an adjacent smaller lot on the other side of the street. 9. A revision to the boundary between two existing lots may be approved, provided it does not result in reduced land area being available for agricultural production, unless it is necessary to meet on­lot sewage regulations.
{L0557223.3} 12 10. Agricultural nuisance disclaimer. The Township may require that the following language or similar pre­approved text be placed on the deeds of all new lots in the A District: “As of the date of this notice, this lot was located within the A Agricultural Zoning District. The primary purpose of this district is for commercial agricultural production. Owners, residents and other users of this property may be subjected to unpleasant conditions resulting from normal agricultural practices, including but not limited to: noise, odors, dust, operation of machinery of any kind including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property are hereby made aware that the Pennsylvania Right to Farm Law, 3 P.S. §951 et seq., as amended, may limit legal actions to control nuisances from normal agricultural practices.” §505. Width Regulations. 1. The lot width shall be not less than 25 feet at the front street line measured at the street right­of­way line and 100 feet at the minimum front yard building setback line. 2. The lot width at the minimum building setback line along the bulb of a cul­de­sac of a street shall be no less than 100 feet. 3. No more than two flag lots may be subdivided from a parent tract that existed as of April 17, 2001. A flag lot does not meet the minimum lot width at the minimum building setback line, but instead meets the minimum lot width at the proposed building setback line. A flag lot shall include a minimum 30 feet width of land area that connects the building site to a public street. The driveway shall be located within the lot lines of each flag lot. §506. Yard Regulations. Each lot shall have front, side, and rear yards of not less than the depth or width indicated below: 1. Front yard depth: 35 feet. 2. Side yards: 15 feet each. 3. Rear yard depth: 25 feet. §507. Coverage Regulations. The lot area occupied by all buildings shall not exceed 20% of the lot area. The lot area occupied by the total of all man­made surfaces that are impervious to runoff and all parking areas, buildings and driveways shall not exceed 30% of the lot area. §509. Use Regulations. Refer to Part 16, “General Regulations,” for additional information on structures housing animals.
{L0557223.3} 13 §510. Signs. See Part 18, §1806, “Signs Authorized in A – Agricultural and R­1, R­2 and MH­R Residential Zoning Districts.” Section 5. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 6, R­1 Residential Districts (Single Family – Country), §602, Permitted Uses, shall be amended by deleting Subsection 13 and amending Subsection 12 to provide as follows: 12. Bed and breakfast establishments provided the conditions specified in Part 16, §1602.8, Bed and Breakfast Establishments, are met. Section 6. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 16, General Regulations, §1601, Use Regulations Supplemental in Districts Where Permitted, Subsection 10, Family Farm Support Businesses, shall be amended and restated to provide as follows: 10. The use shall be limited to the A Agricultural District. Light family farm support businesses are permitted by right, and general family farm support businesses require conditional use approval. The applicant shall prove compliance with all of the following additional requirements: A. The primary land use on the lot shall be agricultural and the lot shall include at least 10 acres, not including street right­of­way. B. The family farm support business shall be subordinate, accessory and incidental to the principal agricultural use, and shall not change or reduce the exterior farm character of the lot. C. A light family farm support business shall only employ permanent legal residents of the lot on which the family farm support business is located and up to 2 persons who do not reside on the lot. If conditional use approval is granted as a general family farm support business, then up to 10 persons who do not reside on the lot containing the family farm support business may be employed as part of the family farm support business. D. A light family farm support business shall be limited to one of the following uses: agricultural equipment repair; small machine repair; painting, fence installation, plumbing or similar tradesperson headquarters; landscaping or snowplow services; sharpening service; livestock grooming, shearing and/or trimming service; an office; sale and/or service of specialized small agricultural equipment; family­scale food processing, canning and baking; feed, seed or fertilizer sales that do not involve industrial manufacture of fertilizer; storage of registered boats and recreational vehicles; cold storage and mini­warehousing of foods and prepared agricultural products; custom woodworking or wood­refinishing; custom welding and metalworking; custom leatherworking; custom blacksmithing; and custom arts and crafts, such as quilts.
{L0557223.3} 14 E. Any use that does not meet the criteria of §1601.10(C) and (D) shall be considered a general family farm support business. To obtain conditional use approval for a general family farm support business, in addition to satisfying the requirements of Part 4, § 421, the applicant shall prove that the proposed use is closely similar in impacts to uses that are permitted by right within the Agricultural District, and that the use would not create significant nuisances or hazards. F. The family farm support business shall not include primarily commercial or primarily industrial uses such as industrial­scale feed, fertilizer or grain mills, motor vehicle sales, industrial canneries, rendering plants, stockyards or slaughterhouses for livestock raised off­ site, or other uses that are likely to generate truck traffic, vehicle traffic, noise, glare, odor or other nuisances typically generated by a principal commercial or industrial use. G. The family farm support business shall be located within an existing farm residence that continues to be a residence, existing accessory buildings, in building additions, or within a maximum of one new building. The Board of Supervisors may impose conditions limiting the total acreage, including all buildings, parking, storage and activity areas, that a general family farm support business may utilize on a lot. Any new building shall be designed to have a residential or agricultural appearance, as viewed from public streets and neighboring properties. H. When the lot is located adjacent to lands within a residential zoning district, no part of the business activity shall be located within 100 feet of the adjacent zoning boundary. I. Any new building used for the family farm support business shall be located not less than 100 feet from any property line and any legal right­of­way line. J. There shall be no outside storage of materials associated with the family farm support business located between the building and the street. Exterior storage of goods and materials shall be permitted, provided that said exterior storage shall be at not less than 300 feet from any adjoining residential use. If an exterior storage area is completely enclosed and screened in accordance with Part 16, General Regulations, it shall be set back not less than 100 feet of any adjoining residential use. K. Any driveway and any turnaround area shall be of sufficient length and width to accommodate anticipated peak traffic and the largest vehicles that will use the site, as well as to accommodate emergency vehicles. A paved area shall be provided adjacent to the public street to reduce tracking of mud onto the public streets. L. The applicant shall submit a plan showing that the site will be able to safely accommodate traffic onto and off of and within the site, including being able to accommodate the largest truck that will use the facility and the largest amount of traffic expected to visit the use at one time. The applicant shall show that there are safe sight distances at entrances to a public street. All driveway intersections, whether existing or proposed, shall conform to the requirements of the Pennsylvania Department of Transportation and the Londonderry Township Code of Ordinances.
{L0557223.3} 15 M. Signs shall meet Part 18 of this Chapter. N. The family farm support business shall not result in noise, dust or odor nuisances, beyond what is protected by the Right to Farm Law for actual normal agricultural activities. The family farm support business shall not operate in a manner that generates noise heard beyond the property line or traffic on and off of the lot between the hours of 10 pm and 6 am. The family farm support business shall be conducted in a manner which does not allow the accumulation of trash and debris. O. Only one general family farm support business shall be permitted per farm. There is no maximum number of permitted light family farm support businesses per farm. For the purposes of this section, a farm shall be defined as one or more adjacent lots in common ownership. P. The family farm support business shall not involve the storage or use of highly hazardous, toxic, radioactive, flammable or explosive substances, other than types typically used in agriculture uses or a household. Q. The applicant shall obtain a zoning permit for a family farm support business in accordance with §413 of this Chapter. R. The land area of the family farm support business shall not be permitted to be subdivided from the farm. Section 7. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 16, General Regulations, §1602, Use Regulations Supplemental in All Districts, shall be retitled as “Use Regulations Supplemental in Multiple Districts.” Section 8. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 16, General Regulations, §1602, Use Regulations Supplemental in Multiple Districts, §1602.4, Outdoor Recreation Areas, Private or Semi­Private, shall be amended by deleting the phrase: “Permitted in all districts with a site development plan submitted to the Londonderry Township Planning Commission and Board of Supervisors” and inserting in its place the phrase: “Permitted in all districts other than the Agricultural District, with a site development plan submitted to the Londonderry Township Planning Commission and Board of Supervisors”. Section 9. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 16, General Regulations, §1602, Use Regulations Supplemental in Multiple Districts, §1602.8, Bed­and­Breakfast Establishments, shall be amended and restated to provide as follows: 8. Bed and Breakfast Establishments. Within all districts with the exception of industrial districts, bed and breakfast establishments are permitted subject to the following criteria: A. No modifications to the external appearance of the building (except those required by any applicable building or zoning code or regulations) which would alter its residential character shall be permitted.
{L0557223.3} 16 B. All floors above or below grade shall have a permanently affixed direct means of escape to the ground level. C. Meals may be offered only to registered overnight guests. D. One off­street parking space shall be provided for each room available for rent in addition to the off­street parking required for the dwelling unit. E. All parking areas shall be set back a minimum of ten (10) feet from all property lines. F. One outdoor roadway sign, no larger than 12 square feet, shall be permitted. G. The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used. H. The applicant shall furnish proof of any required approvals under the Uniform Construction Code. Section 10. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 16, General Regulations, §1602, Use Regulations Supplemental in Multiple Districts, §1602.9, Tourist Homes, shall be deleted in its entirety. Section 11. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 16, General Regulations, shall be amended by inserting a new §1618, “Temporary Roadside Produce Stands” and shall to provide as follows: §1618. Temporary Roadside Produce Stands. One temporary roadside produce stand for the sale of agricultural commodities to the public shall be allowed on a farm which shall be subject to the following requirements: 1. The temporary roadside produce stand shall be limited to direct retail sales of agricultural products and baked goods produced from agricultural products upon property owned and/or operated by the operator of the stand. A minimum of thirty (30%) percent of all the products sold shall have been raised or produced by the operator of the stand, his/her relatives and/or by other farms within Londonderry Township. Such direct sale shall be authorized without regard to the thirty (30%) percent limitation under circumstances of crop failure due to reasons beyond the control of the landowner. 2. Any temporary roadside produce stand shall not exceed one story in height and 500 square feet in area. 3. The temporary roadside produce stand shall be located no closer than ten (10) feet from the street right­of­way line and no closer than fifty (50) feet from any other property line. 4. All temporary stands or structures shall be dismantled and removed from the property at the end of the growing season.
{L0557223.3} 17 5. Off­street parking shall be provided in accordance with Part 19. 6. The Zoning Officer may require the owner of the roadside produce stand to provide written evidence that there is sufficient available safe stopping sight distance for any existing or proposed access or driveway that is to be used by the roadside produce stand. Section 12. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 16, General Regulations, shall be amended by adding a new §1619, “Permanent Accessory Building or Structure for Sale of Agricultural Commodities to the Public,” which shall provide as follows: §1619. Permanent Accessory Building or Structure for Sale of Agricultural Commodities to the Public. One permanent accessory building or structure for the sale of agricultural commodities to the public shall be permitted per farm which shall be subject to the following requirements: 1. Sales shall be limited to direct retail sales of agricultural products and baked goods produced from agricultural products upon property owned and/or operated by the operator of the stand. A minimum of thirty (30%) percent of all the products sold shall have been raised or produced by the operator of the stand, his/her relatives and/or by other farms within Londonderry Township. Such direct sale shall be authorized without regard to the thirty (30%) percent limitation under circumstances of crop failure due to reasons beyond the control of the landowner. 2. The accessory building or structure shall have a maximum floor area of 1,500 square feet, comply with the Uniform Construction Code, and shall not be located on or displace more than one half acre of prime agricultural soil. 3. The building or structure shall meet setback requirements for accessory structures. 4. Off­street parking shall be provided in accordance with Part 19 and shall not be located on prime agricultural soils. Section 13. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 16, General Regulations, shall be amended by adding a new §1620, “Intensive Raising of Livestock and Poultry,” which shall provide as follows: § 1620. Intensive Raising of Livestock and Poultry. 1. This Section 1620 shall apply for a use with a new or expanded building used to house animals that is placed or constructed after the effective date of this Section. 2. A new or expanded building used for intensive raising of livestock and/or poultry shall not be located within the following, whichever is more restrictive:
{L0557223.3} 18 a) b) 200 feet of any residential district boundary, and 100 feet from a dwelling unit on an adjacent property that is not in common ownership and that existed prior to the enactment of this Ordinance. 3. Minimum lot area ­ A minimum lot area of 10 acres shall apply, except a minimum lot area of 40 acres if the use will have more than 5 animal equivalent units per acre on the average. 4. As a special exception use, the Zoning Hearing Board may approve a smaller setback for the expansion of facilities that existed prior to the adoption of this Section where the applicant proves that there is no reasonable and feasible alternative and where the applicant proves that the lesser distance would not be detrimental to public health or safety or create significant hazards or nuisances. 5. An adjacent property­owner may also waive his/her rights to an increased setback by providing a signed and notarized written letter to the Zoning Officer. Such waiver shall be automatically binding upon future owners of the property. 6. The applicant should describe in writing or on site plans methods that will be used to address water pollution and insect and odor nuisances. The applicant should provide a written comparison of proposed methods of controlling insect and odor nuisances and avoiding water pollution to applicable sections of the Pennsylvania Soil and Water Conservation Technical Guide as published by the U.S. Department of Agriculture and the State Department of Environmental Protection's Manure Management Manual for Environmental Protection, or their successor publications. The applicant may provide a cross­reference to certain sections of such manuals or other written industry standards to describe the methods that will be used. 7. The location of the facility is requested to consider prevailing wind patterns as they may affect the nearest existing dwellings. 8. For a new or expanded raising of livestock or poultry use, evidence shall be provided by the operator/applicant to the Township to show that there will be compliance with procedures and requirements of the State Nutrient Management Act and accompanying State regulations, if applicable. 9. For manure storage facilities that are specifically required to have a setback from lot lines under the State Nutrient Management regulations, that State setback shall apply. For any other manure storage facilities, a 100 feet minimum setback should apply from all lot lines." Section 14. . The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 16, General Regulations, §1604, Special Exceptions; Zoning Hearing Board, shall be amended by adding the following section: 3. Intensive Raising of Livestock and Poultry Use. The Zoning Hearing Board may authorize a special exception in the A – Agricultural District for the Intensive Raising of
{L0557223.3} 19 Livestock and Poultry, subject to the requirements of this Chapter and upon determination that such use is consistent with the regulations in Part 16, §1620. Section 15. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, Part 19, Off­Street Parking, §1904, Institutional Parking Subsection 1, shall be amended and restated to provide as follows: 1. Places of Assembly. For churches, theaters, funeral homes, cultural facilities, community centers, assembly or meeting rooms or other similar places of public or private assembly, at least one parking space for every four seats provided for the public assembly or one space per 300 square feet of gross floor area when no seats are provided, plus one space for each full­time employee. Section 16. The Code of Ordinances of the Township of Londonderry, Chapter 27, Zoning, shall be amended by adding a new Part 21, “A­O Agricultural Overlay District,” which shall provide as follows: Part 21: A­O Agricultural Overlay District §2101. Intent. The Township Supervisors seek to preserve the rural and agricultural character of the Township. This is primarily accomplished through the preservation and promotion of agricultural land uses. However, circumstances occasionally require the use of supplemental income­generating activities to preserve farmlands and traditional farm structures. Therefore, through the establishment of this Overlay District, the Township seeks to permit and regulate appropriate farm­based entertainment, tourism and limited commercial activities on farmlands in select areas proximate to well­traveled thoroughfares, subject to the standards and conditions in this Part. To the maximum extent possible, such activities should feature the use or reuse of existing farm structures. The farm­based activity is intended to preserve and enhance the agricultural character and viability of the parcel, and thus must be conducted in conjunction with an agricultural use undertaken on the property. Through the timing conditions imposed herein, the Township Supervisors intend to monitor and conduct an ongoing assessment of the impact on the Agricultural and Agricultural Overlay Districts, including the impact on the preservation of the agricultural character and viability of farmlands and agricultural land uses, resulting from the limited allowance and expansion of commercial activities in said Districts that is represented by the conditional uses authorized in this Part. §2102. Applicability; Zoning Map. 1. This Overlay District applies to parcels existing as of the date of enactment of this Overlay District that are located in the Agricultural District and that have frontage on the following: the eastern side of Round Top Road from Colebrook Road to Schoolhouse Road; Schoolhouse Road from Round Top Road to State Route 230; the northern side of State Route 230; and State Route 441. The Zoning Map is hereby amended to reflect the addition of the A­O District, as reflected on Attachment A.
{L0557223.3} 20 2. If a parcel is not within the area described herein, then an applicant may request that the Board of Supervisors consider a Zoning Map amendment to add the Overlay District to the parcel if the Board finds the same is consistent with the intent of the A­O District. 3. If a parcel within this Overlay District is subdivided subsequent to the date of enactment of this A­O District, then the District will apply only to one of the subdivided tracts, which shall be the parent tract of land. Notwithstanding the foregoing sentence, and pursuant to a written agreement between the parties provided to the Zoning Officer, the owner of the parent tract may transfer the applicability of the A­O District to one of the subdivided lots. 4. This Overlay District establishes an alternative set of requirements for certain uses that may be utilized by an applicant within the A­O District boundaries. All of the same regulations that apply to the Agricultural District shall also apply to the A­O District, except to the extent inconsistent with this A­O District or where the regulations of this Overlay District provide a differing requirement regarding a specific use or activity. §2103. Overall A­O District Requirements. In order to effectuate the intent of the A­O District, the following shall be applicable in the Overlay District: 1. Except as permitted herein, any activity undertaken pursuant to a conditional use approval under §2105 shall be conducted in conjunction with an agricultural use undertaken on the same parcel. The Board of Supervisors may attach to said conditional use approval such conditions as are deemed necessary to ensure that the agricultural activities undertaken on the parcel are equal to or more prominent than the approved conditional use. The Board of Supervisors may waive this requirement for parcels that are five (5) acres or less in size or otherwise cannot support a viable agricultural use. 2. An activity undertaken pursuant to a conditional use approval under §2105 shall not be conducted on more than ten (10) acres of the applicant’s parcel unless permitted by the Board of Supervisors for good cause shown consistent with the intent of this Part. 3. Any parcel for which a conditional use approval under §2105 is granted shall have and limit access to the conditional use activity from the frontage along the qualifying roadway to which the A­O District applies. 4. Conditional use approvals granted pursuant to this Part shall automatically expire three years after the date of the Board of Supervisors’ approval unless renewed or extended. The filing of an application for renewal or extension of a conditional use permit shall operate as a stay of expiration pending action by the Board on said application. After the expiration of the initial term of a conditional use permit, the Board may provide for a longer or shorter term, or may impose no term, for any renewed or extended conditional use permit. Conditional use permits approved pursuant to this section shall also automatically expire if the applicant does not conduct the activity for a consecutive period of one year. §2104. Permitted Uses.
{L0557223.3} 21 The permitted by right, special exception and conditional uses allowed in the Agricultural District shall be permitted in the A­O District. §2105. Conditional Uses. 1. Upon application under this Part, the following additional uses are authorized as conditional uses: A. Accessory uses associated with a winery, including, but not limited to, the following uses subject to the requirements set forth herein: (1) Accessory uses set forth in §502.12, which shall be exempt from the provisions of §502.12(C)­(E) but subject to conditions imposed on this conditional use. (2) Accessory retail sale of cheeses, chocolates, breads and baked goods, ice cream, snacks and other culinary items and specialty agricultural food products typically paired with wine or cider, but which do not involve the use of an on­site commercial kitchen to prepare. (3) Manufacture, with accessory storage and retail sale, of malt, brewed or similar beverages, and accessory retail sale of items similar to those authorized in §502.12(B). (4) Operation of a brew pub, as defined and licensed by the Pennsylvania Liquor Control Board. (5) Special events, including concerts, consistent with the following: a) Indoor seminars, workshops, meetings and other events are permitted provided they are held in a building which is used for retail sales and in an area which shall contain no more than 1000 square feet. The maximum allowed attendance will be in accordance with the Fire Marshal’s maximum occupancy requirements for the building in which retail sales are conducted. b) Outdoor events, including those held under tents or other temporary structures are permitted on a winery containing a vineyard of not less than five acres. There shall be no more than 12 outdoor events in any calendar year. Unless excused by the Zoning Officer for cause, the operator of the winery shall provide the Zoning Officer with notice of each outdoor event at least 45 days prior to the date of the particular event. An outdoor event may last no more than one day. If an event will be held on more than one day, each day on which the event is held shall count as a separate and distinct event for purposes of counting the maximum of 12 outdoor events. c) No event may commence before 8:00 a.m. or extend later than 10:00 p.m. d) Amplified music is permitted only if compliance is maintained with Chapter 10, Part 1, Section 105 of the Township’s Ordinances.
{L0557223.3} 22 e) Adequate parking, in terms of size, locations and surface, shall be provided in designated areas. f) Lighting may be used for special events for the duration of the event only and may not shine or produce glare on adjacent properties. g) Driveways from public roads to parking areas shall have a paved apron at the entrance which is a minimum of 100 feet in length from the edge of paving, as well as a gravel tire­cleaning area 50 feet in length. h) Alcoholic beverages produced at the winery, non­alcoholic beverages, and food may be served at the special event. i) Overflow parking areas may be on grass surface areas of the lot. The grass surface area which is to be used for overflow parking shall be kept in suitable grass cover and shall not be allowed to degrade to an erodible condition. If any portion of the overflow parking area is disturbed, the areas shall be reseeded or planted with sod to ensure the area remains grass surface. Such planting shall occur within one week after the special event has ended. Overflow parking areas shall be enclosed by a temporary barrier fence to prevent the flow of traffic across property lines, all such fences shall be removed within one week of a special event ending. Overflow parking areas shall be set back at least 25 feet from side and rear property lines. j) Adequate and appropriate sewage disposal shall be provided for special events. k) All waste, trash and rubbish, tents and temporary structures, and any other displays or exhibits that resulted from the special event shall be removed from the property within 48 hours after the special event has ended. B. Manufacture, accessory storage and accessory retail sale, of malt, brewed or similar beverages, including operation of a brew pub, as defined and licensed by the Pennsylvania Liquor Control Board. Such operation shall be eligible to apply for all accessory uses authorized under, and shall be subject to the requirements set forth in, this section for a winery. C. Assembly uses, including, but not limited to, weddings, wedding receptions, anniversary parties and other gatherings in recognition of life events, corporate events and organizational picnics, held in converted agricultural buildings and in accordance with those requirements in §2105(1)(A)(5) deemed applicable to the use by the Board of Supervisors. D. Corn mazes, hayrides, wagon and sleigh rides, animal rides, and animal petting areas. E. Historical or agricultural heritage displays, museums and reenactments. F. Farm­related tours, agricultural exhibits, crop identification, educational activities, or opportunities for active participation in farm operations.
{L0557223.3} 23 2. An application for a conditional use under this Section shall comply with the requirements of Part 4, §§ 421­422. In addition, and notwithstanding any other provision of a Township ordinance to the contrary, any use for which a conditional use is applied for under this Section shall be deemed to constitute a land development, as that term is defined in Chapter 22, Subdivision and Land Development, and shall trigger the requirements of that Chapter unless waived or modified by the Board of Supervisors. Any required filings under Chapter 22 related to the proposed activity may be considered by the Township concurrently with the conditional use application under this Section. 3. In addition to any other requirements, an applicant for a conditional use under this Part shall submit a written plan of activity for the proposed conditional use, which shall include and may be supplemented with drawings, maps or other materials deemed necessary to illustrate the extent and limits of the proposed conditional use and compliance with the requirements of this Part. The Township’s written decision granting the conditional use application shall be based on and shall clearly reflect the plan for the activity as it is approved by the Township. If there is general consistency with the plan for the activity as approved by the Township, and if all conditions placed on the conditional use approval have been met, the Zoning Officer may approve adjustments to the plan requested by the applicant subsequent to a grant of conditional use approval. If there is not general consistency with the approved plan for the activity, then the Township may require that substantive changes need a separate conditional use approval. 4. Conditional use applications shall be reviewed by the Township Planning Commission, Zoning Officer, Township Engineer, and Board of Supervisors. In order to secure conditional use approval, each applicant for a conditional use shall demonstrate compliance with the criteria set forth in §421 and the intent and requirements of this Part. 5. In addition to any conditions authorized under §421 or imposed by this Part, the Board of Supervisors may attach any of the following conditions to an application approved under this section: A. Conditions considered necessary to eliminate, avoid or mitigate conflicts between the approved use and surrounding agricultural uses or residential neighborhoods, including, but not limited to, screening, buffering, setback and riparian buffer requirements related to the approved use and any associated structures. B. Conditions considered necessary to ensure that the approved use and any related structures, signage or other visual operations maintain a character, architecture and aesthetic appropriate to the Agricultural District. C. The condition that all conditional use activities involving customers or patrons on the site will conclude by 10:00 pm and will not begin prior to 8 am. D. Conditions considered necessary to ensure that adequate parking, in terms of size, location, surface materials, screening and buffering, maintenance and other characteristics, is provided in conjunction with the approved use.
{L0557223.3} 24 E. Conditions necessary to avoid or mitigate any fire hazards, emissions, smoke, dust or pollutants, noise, light or glare, or any other nuisance created by or associated with the approved use. F. Conditions to preclude the use or storage of highly hazardous, toxic, radioactive, flammable or explosive substances, other than the types typically used in agriculture uses or a household. G. Conditions designed to encourage the use and reuse of existing farm structures in the conduct of the conditional use, including, but not limited to, restricting the construction of new buildings associated with the conditional use to a single new building and limiting the construction or placement of new or expanded buildings on the site in conjunction with the approved use that cover more than 5,000 square feet of land area. H. If the approved use involves a special event that involves attendance by 300 or more persons, conditions requiring: (1) The applicant to employ attendants to manage parking and driveways on the site, as well as the provision of compensation for fire police, if necessary, to manage traffic on a public road; (2) Sufficient sanitary facilities and hand­washing stations; and (3) Stages, trailers, food vendors, tents or similar temporary structures to satisfy setbacks required for a principal building. Section 17. All other sections, parts and provisions of the Code of Ordinances of the Township of Londonderry shall remain in full force and effect as previously enacted and amended. Section 18. In the event any provision, section, sentence, clause or part of this Ordinance shall be held to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such invalidity, illegality or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses or parts of this Ordinance, it being the intent of the Board of Supervisors that the remainder of the Ordinance shall be and shall remain in full force and effect. Section 19. This Ordinance shall take effect and be in force five (5) days after its enactment by the Board of Supervisors of the Township of Londonderry as provided by law.
{L0557223.3} 25 DULY ORDAINED AND ENACTED this day of 2014, by the Board of Supervisors of the Township of Londonderry, Dauphin County, Pennsylvania, in lawful session duly assembled. TOWNSHIP OF LONDONDERRY Dauphin County, Pennsylvania Attest:____________________________ (Assistant) Secretary By:_____________________________________ (Vice) Chairman Board of Supervisors [TOWNSHIP SEAL]
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