1. Minimum Lot Area. The minimum number of acres on which a new intensive agricultural operation which contains either livestock, dairy, or poultry facilities may be established as follows:
A. Intensive agricultural facility (other than poultry) - Twenty-five acres or the number of acres required by an approved nutrient management plan, whichever is greater. All parcels of land which comprise the facility and are used in its nutrient management plan for liquid waste disposal need not be contiguous.
B. Intensive poultry facility - Twenty acres or the number of acres required by an approved nutrient management plan, whichever is greater. All parcels of land which comprise the facility and are used in its nutrient management plan need not be contiguous. The operator shall provide evidence acceptable to the zoning officer of his legal right of access or proof of ownership of any such noncontiguous parcels associated with the facility or nutrient management plan.
C. Existing livestock, dairy, or poultry facilities in existence and in operation on the effective date of this ordinance as determined by the zoning officer that do not meet the minimum acreage requirement, shall be considered nonconforming uses and may be continued or expanded as provided in Chapter 27, Part 9 .
2. Setbacks.
A. Minimum setbacks for new intensive agricultural facilities shall be set back from property lines, structures and other designated areas as follows:
(1) From public roadways when the operator owns both sides of the roadway - 200 feet.
(2) From all other property lines - 100 feet.
Any existing intensive agricultural facility in operation on the effective date of this ordinance, as determined by the Zoning Officer, that do not meet the setback requirements of this article shall be considered nonconforming uses and nonconforming structures so long as the existing use of the facility or structures is not interrupted for more than two years.
3. Development.
A. The operator of an intensive agricultural facility constructed, expanded, or completed after the effective date of this chapter shall file a land development plan showing the entire parcel or parcels on which the facility is located and also showing the location of the facility within such parcel or parcels in accordance with the Dover Township Subdivision and Land Development Ordinance Chapter 22.
4. Nutrient Management Plan.
A. Intensive agricultural operations prepare a Nutrient Management Plan in accordance with the regulations set forth in Act 38, PA Nutrient Management Act, as amended.
5. Odor Management Plan.
A. Intensive agricultural operations prepare a Nutrient Management Plan in accordance with the regulations set forth in Act 38, PA Nutrient Management Act, as amended and approved by the State Conservation Commission.
B. Odor management plans must be fully implemented prior to using any new animal housing facility or manure storage facility.
(Ord. 2015-06, 9/28/2015)