Chester Twp. Ordinance
(Continued from Pago At)
surface waters, covenants and
easements, public open spaces,
utilities and historic/
archaeological resources, but also
these resources were analyzed
according to land use. For exam
ple: soils were rated according to
their use for agriculture, for on-site
sewage systems and for their adap
tability to homes with or without
basements. They even brought the
Pennsylvania Scenic River Act
into play for the lands along Bran
dywine Creek and the Buck and
Doe Runs.
After the natural resource study
was completed, the land area that
supported each component was
grafted onto a color coded overlay
township map. And each natural
resource component was rated
according to severe development
constraints or marginal develop
ment constraints. Since most good
farmland tends to have few prohi
bitive limitations for development,
the local officials took deliberate
steps to steer future development
elsewhere. They arbitrarily plotted
the top three classes of prime farm
land as “marginally-suitable” for
development purposes. Thus, one
of the first objectives of the citi
zens to retain the rural/agricultural
character of the township was met.
In addition, the new zoning
ordinance encourages agriculture
and related businesses. In the
Agricultural/Conservation Zone,
prime farmland is listed as one of
the “sensitive-important natural
features”. And because of the
importance of farming placed on
the zone by the supervisors, the
ordinance states under Article 2,
Section 200 that a wide range of
agricultural uses and activities will
be permitted as a means of
strengthening the township’s agri
cultural economy. While intensive
agricultural operations will be sub
ject to specific design and perfor
mance criteria, these measures arc
aimed at enhancing compatibility.
According to the ordinance future
inhabitants of this Zone must be
willing to accept the impacts of
normal farming practices and
farm-related businesses.
After detailed specifications—
specifications “dirt farmers” can
live with—the section concludes
with this agricultural nuisance dis
claimer: “All lands within the
Agricultural/Conservation Zone
are located within an area where
land is used for commercial agri
cultural production. Owners, resi
dents and other users of this prop
erty may be subjected to inconve
nience, discomfort and the
possibility of injury to property
and health arising from normal and
accepted agricultural practices and
operations including but not lim
ited to noise, odors, dust, the oper
ation of machinery of any kind
including aircraft, the storage and
disposal of manure, and the appli
cation of fertilizers, soil amend
ments, herbicides and pesticides.
“Owners, residents and users of
this property should be prepared to
accept such normal agricultural
operations, and are hereby put on
official notice that Section 4 of the
NAAB Honors Koons
De FOREST. WI Donald
Koons of Waynesboro, Pa., has
recently been recognized by the
National Association of Animal
Breeders (NAAB) for having arti
ficially inseminated more than
100,000 cows.
Koons began his A.l. career in
19S0, joining American Breeders
Service (ABS) in 1963. Two of his
Pennsylvania Act 133 of 1982
‘The Right to Farm Law’ may bar
them from obtaining a legal judge
ment against such normal agricul
tural operations.”
‘This zoning ordinance is not
overly restrictive to prohibit deve
lopment,” Martin said. “It’s just
reasonable and logical to protect
valuable resources. And farmland
is one of those valuable resources.
One method used to help protect
these resources is to require the
develop** to engage in a special
planning process at sites where
unique resources are believed to
exist. If special resources are dis
covered they are thus recorded so
they can be preserved or discarded
according to their importance.
This feature is incorporated into
every resource area covered by the
ordinance.
According to Martin, the basis
for the reversed approach to West
Marlborough township’s zoning
lies in the constitutional right to
protect natural resources.
“The law behind this protection
is self-enacting,” Martin said.
“That means you don’t need ena
bling leglislation. Therefore, a
lawyer who argues a case in court
can raise the issue of the protec
tion of natural resources as a basis
for municipial or private action.”
This Pennsylvania law is rather
unique amoung states.
One of the startling discoveries
made during the research part of
the zoning plan was that the area
that had been thought of as prime
for development really has strin
gent limitations for such action
when rated according to the new
criteria. The land that sticks down
like a tail toward the Route 1 by
pass has been found to be one of
the most fragile geological areas in
the township.
“We found that you absolutely
can not allow intensive develop
ment to occur in this lower corridor
because of the presence of an
exceptional value water shed,”
Brosius said. “The Enviommenlal
Protection Agency will not allow
water quality to be degraded in this
type of a quality water area.”
Some citizens have expressed
misgivings about handing over the
whole township’s future to a series
of over-lays on a comprehensive
township map. Yet the dissent has
been mild, and Martin believes the
ordinance will become the exam
ple for other municipalities to
follow.
“In my opinion the ordinance
will have a significant impact on
the protection of agriculture in our
township”, Martin said. “In the
past, most zoning has been
backward-the metaphysical con
cept. You parcel up the township
in sections and then if you find in
the development section slopes
unsuitable you just don’t let them
develop there. But what we’ve
done is taken the whole township
and looked at it’s inherent con
straints and determined where
development would be possible.
“I believe this unique approach
will effectively preserve farmland
in West Marlborough Township.
When worked together with the
new ag security area that has 4,000
sons work in the business with
him. Since he began breeding
cows, he estimates he has driven
over 2 million miles reaching his
customers.
Koons, and his wife, Shirley,
have eight children and seven
grandchildren. Koons is a member
of the Waynesboro Area Young
Farmers Association.
WEST MARLBOROUGH TWP.
CHESTER COUN'i
Environmental Assessment Map
A series of overlays show the areas in the town
ship where development may or should not hap
pen based on the natural resources.
acres in the township ready to be
:ommitted and is part of the new
state agricultural farmland preser
vation law, the large open spaces
with thriving farm estates should
lave a favorable environment to
survive for many years in the
future.”
Roth thinks what many munici-
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enough to stand the test of legal,
practical or public pre
sures along the way. “But when
you put natural resource protection
along with what you do for farm
land you gain a more effective and
a more practical preservation prog
ram.” Roth said.
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Martin agrees. “While this
township may have unique historic
and natural resources, their new
zoneing plan could help any mun
icipality or group of citizens who
have a desire to preserve farmland
at the local level. I believe this type
of zoning approach can help pre
serve farmland anywhere.”
, PA
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