Purpose.
1. Background to Purposes.
A. Based upon information contained in the United States Department of Agriculture National Resource and Conservation Services Lehigh County Soil Survey, 68% of Lower Macungie Township, consists of "prime agricultural land" as that term is defined in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10107, and Part 2 of this chapter.
B. In 1971, it is estimated that there were 10,521 acres or 73% of land available for or devoted to farming in the Township. It is now estimated that only 3,700 acres are currently available for or devoted to agricultural purposes.
C. Between 1971 and 2008 approximately 6,821 acres or 65% of prime agricultural land in Lower Macungie Township has been lost to development.
D. As of the 2000 United States Census, 39% of the land (5,641 acres) of the Township was available for agricultural purposes.
E. The population projections for Lower Macungie Township, as set forth in the Lehigh Valley Comprehensive Plan, forecast that the population in Lower Macungie Township will increase from 28,000 to over 42,000 between the year 2010 and 2030, thereby jeopardizing the prime agricultural land which remains available in the Township for agricultural purposes.
F. The 2005 Southwestern Lehigh County Comprehensive Plan and the Lehigh Valley Comprehensive Plan 2030 reflect that roughly 30% of the land in the Township is enrolled in either the Act 319 or Act 515 preferential tax programs, or is included in agricultural security areas under Pennsylvania Act 43.
G. The farmland in Lower Macungie Township, particularly the prime agricultural land, is ideal for the growing of crops and raising of livestock, and the Board of Commissioners wishes to facilitate the continued availability of land for these purposes, subject to a reasonable allowance for residential and compatible nonresidential development such as churches, schools, and municipal and utility uses.
H. This chapter provides ample allowance for residential development as evidenced from last available census data, which reports that from 1960 though 2000 the Township's population increased from 3,859 persons to 19,220 persons and population data in the Lehigh Valley Planning Commission 2009 municipal profiles estimates that, as of 2007, there were 29,046 persons living in Lower Macungie Township.
I. The Lehigh Valley Planning Commission forecasts continued population growth and pressure for continued growth in the Township which will challenge the ability of the community to preserve prime agriculture land.
J. Lower Macungie Township does not consider land used for agricultural purposes as "vacant," "unused," or "inventory for development," but rather considers agricultural use to be a legitimate and productive use of the land in its own right.
K. As of the time of enactment of this amendment, 1,098 acres, or 7% of the land in Lower Macungie Township, is included in an agricultural security area.
L. The A-Agricultural/Rural District established by this chapter, which shares boundaries identical to those established for the AP District created by this chapter, includes 1,651 acres of prime agricultural land, or 97% of the total acreage in the AP-Agricultural Protection District.
M. Prime agricultural lands comprise the best soils in the United States and Lower Macungie Township is fortunate to have such lands in abundance.
N. The presence of active and productive agricultural lands is a major land resource for Lower Macungie Township.
2. Specific Purposes of Agricultural Preservation District.
A. To protect and promote the continuation of agriculture, particularly in areas with prime agricultural lands, consistent with the Governor's Executive Order 2003-2 dated March 20, 2003.
B. To support the Governor's Executive Order regarding the irreversible conversion of prime agricultural land to uses that result in its loss as an environmental and essential food and fiber resource across the Commonwealth of Pennsylvania.
C. To implement the 2005 Southwestern Lehigh County Comprehensive Plan and the Lehigh Valley Comprehensive Plan 2030, which emphasizes the need for effective zoning regulations to preserve prime agricultural land and to identify the AP-Agricultural Protection District as an area which includes Class I and Class II soils which are the "very best agricultural soils."
D. To strengthen and preserve strong agricultural activity to facilitate farming as a viable component of the local economy.
E. To promote agricultural land uses and activities and other uses and activities which act in direct support of agriculture.
F. To protect and stabilize the essential characteristics of areas in the AP District, to minimize conflicting land uses detrimental to agricultural enterprises, and to limit development which requires municipal services, roads, highways, and other public facilities and infrastructure in excess of those required by agricultural uses.
G. To maintain the land resource base, that is, agricultural parcels or farms, in sizes which will permit efficient, profitable agricultural operations. In this regard, the Board recognizes that large farmland tracts are desirable because the size of farmland tracts is directly related to economic viability of farming operations with respect to use of modern machinery, soil conservation programs, and the ability to dispose of manure and other agricultural by-products.
H. To the extent practicable, to keep agricultural land use and activities separate from incompatible residential, commercial, and industrial development, and public facilities.
I. To recognize that the rapid development of the Township during the past three decades has also created a need for additional cultural facilities, such as parks, schools, and places of worship, which uses may be permitted in the AP District without impeding, conflicting, or discouraging agricultural uses and activities.
J. To allow municipal outdoor parks and recreational areas which involve minimal development of the land, and leave the agricultural soils on the property available to future generations for agricultural uses and activities.
K. To further the direction and authorization set forth in the following sections of the Municipalities Planning Code: § 604(3), 53 P.S. § 10604(3), which directs that zoning ordinances contain provisions designed to "preserve prime agriculture and farmland"; § 603(b)(5), 53 P.S. § 10603(b)(5), which authorizes this Township to permit, regulate, and determine protection and preservation of prime agricultural land and activities; and § 603(h), 53 P.S. § 10603(h), which provides that zoning ordinances shall encourage the continuity, development, and viability of agricultural operations.
L. To recognize that farming and agriculture activities are a legitimate and fully developed use of the land.
M. To permanently preserve the active and productive agricultural lands that are present within the Township.
N. To limit residential land development activity within the AP District in order to preserve the large contiguous tracts of agricultural land area within the Township.
O. To avoid intensive residential development in the AP District which may:
(1) Be incompatible with the noise, odors, and other disturbances which are part of normal farming operations.
(2) Create increased trash in farm fields and increased traffic on rural roads which will impede the movement of farming equipment in an agricultural area.
P. To further the goals, objectives and planning policies for agricultural preservation outlined within the 2005 Southwestern Lehigh County Comprehensive Plan and the Lehigh Valley Comprehensive Plan 2030 including, without limitation, the following:
(1) To protect the Township's prime farmland soils and significant public investment in farming.
(2) To recognize and protect the area designated as a significant agricultural area by the Lehigh Valley Planning Commission.
Q. To assure that this chapter reflects and supports the Township's intent to provide regulations under which agricultural activities may continue in the face of suburban sprawl.
R. To establish a minimum lot size for residential uses in the AP District intended to provide sufficient area for on-lot water and on-lot sanitary and storm sewer facilities as well as providing a sufficient buffer area on the individual lots from any farming operation disturbances.
See Part 4 for more information about this district.
