SPRINGFIELD TOWNSHIP YORK COUNTY, PENNSYLVANIA ORDINANCE NO CY6'

Transcription

1 SPRINGFIELD TOWNSHIP YORK COUNTY, PENNSYLVANIA ORDINANCE NO CY6' AN ORDINANCE OF SPRINGFIELD TOWNSHIP, YORK COUNTY, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE SPRINGFIELD TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE BY CHANGING NOTICE REQUIREMENTS FOR PLAN REVIEW, ELIMINATING THE REQUIREMENT FOR MYLAR PLANS, CHANGING THE CARTWAY AND STREET WIDTHS, AMENDING THE DEED REQUIREMENTS FOR ADD-ON LOTS, DELETING THE REQUIREMENT FOR STREET TREES, ADDING TREES TO THE PREFERRED LIST, AMENDING SURETY FOR IMPROVEMENTS AND MAINTENANCE REQUIREMENTS; AMENDING THE SPRINGFIELD TOWNSHIP ZONING ORDINANCE ADDING AND AMENDING CERTAIN DEFINITIONS, ADDING CRITERIA FOR AN UNLISTED USE, ADDING A USE OF BOARDING HOUSE OR ROOMING HOUSE-TRANSIENT TO CERTAIN DISTRICTS, ADDING A USE OF PRIVATE FUNCTION FACILITY TO CERTAIN DISTRICTS, UPDATING CONCENTRATED AGRICULTURAL OPERATIONS TO REFLECT CURRENT REGULATIONS, RECOGNIZING MEDICAL MARIJUANA PRODUCTIION AND DISPENSING IN CERTAIN DISTRICTS, DEFINING A PRIVATE FUNCTION FACILITY USE, PROVIDING NO COMMUNICATION FACILITY MAY LOCATE IN A PUBLIC RIGHT-OF-WAY WITHOUT A PERMIT TO DO SO, LIMITING TRANSFERABLE DEVELOPMENT RIGHTS IN A PROPERTY WITH A CONSERVATION EASEMENT, DEFINING FENCE HEIGHT, REMOVING CHURCHES FROM OFF-STREET LOADING REQUIREMENTS, RESTRICTING DRIVEWAYS TO NO CLOSER THAN TEN FEET FROM PROPERTY LINES, CORRECTING THE CLASSIFICATION OF AGRICULTURAL COMMERCIAL FACILITY REQUIRING DIFFERENT HOUSING TYPES TO BE DISPERSED THROUGHOUT A VILLAGE RESIDENTIAL DISTRICT (VRD), REQUIRING PLANNING COMMISSION CONSIDERATION OF PLANS TO BE IN CONCERT WITH THE TOWNSHIP'S COMPREHENSIVE PLAN; AMENDING THE SPRINGFIELD TOWNSHIP STORMWATER MANAGEMENT ORDINACE TO REQUIRE A CERTIFICATION OF OPERATION AS INTENDED WITH AS-BUILT PLANS; AMENDING THE TOWNSHIP NUISANCE ORDINANCE TO REGULATE FIREWORKS. WHEREAS, Springfield Township, York County, Pennsylvania ("Township") is a second class township duly organized and existing under the Second Class Township Code; and, WHEREAS, the Township enacted a Subdivision and Land Development Ordinance (SALDO) on January 27, 1996, amended the same from time to time, and deem it in the best interest of the Township to amend the SALDO at this time; and, WHEREAS, the Township enacted a Zoning Ordinance on January 27, 1996, amended 1

2 the same from time to time, and deem it in the best interest of the Township to amend the ZO at this time; and, WHEREAS, the Township enacted a Stormwater Management Ordinance (SWM) on October 8, 2012, amended the same from time to time, and deem it in the best interest of the Township to amend the SWM at this time. NOW, THEREFORE, BE IT ORDAINED AND ENACTED as follows: Section 1. Subdivision and Land Development Ordinance (SALDO) Section 202 is amended to add the following definition: "NOTICE Notice as required by Section 303 and 304 to notify contiguous property owners of the filing and date of review of a Plan for any Land Development or major Subdivision of five (5) or more lots, shall be by certified mail and first-class U.S. Mail mailed on or before the date of filing the Plan. Section 2. SALDO Section 303 is amended by adding at the end of paragraph four(4) an additional sentence " After the meeting date and time set forth in the Notice, if there has been no action on the plan for ninety (90) days and the applicant or the applicant's representative has not appeared at three (3) consecutive subsequent Planning Commission meetings, notice to contiguous owners must be re-sent by certified mail and U.S. First-Class Mail. Section 3. SALDO Section 304 is amended by adding to the end of the second paragraph an additional sentence "After the meeting date and time set forth in the Notice, if there has been no action on the plan for sixty (60) days and the applicant or the applicant's representative has not appeared at two (2) consecutive subsequent Planning Commission meetings for sixty (60) days, notice to contiguous owners must be re-sent by certified mail and U.S. First-Class Mail. Section 4. SALDO Section 403 is amended by deleting the phrase/words in the first and second sentences "...clearly and legibly drawn on linen, reproducible mylar, or another permanent drafting film approved by the Township Engineer. The Plan..." and in its place the phrase "...submitted in a PDF format along with twelve (12) hard copies. The hardcopy Plans...". Section 5. SALDO Section 404 of the SALDO is amended by deleting the phrase/words in the first and second sentences "...clearly and legibly drawn on linen, reproducible mylar, or another permanent drafting film approved by the Township Engineer. The 2

3 Plan..." And in its place the phrase "...submitted in a PDF format along with twelve (12) hard copies. The hardcopy Plans...". Section 6. The chart in SALDO Section 502 B. pertaining to Local Streets deleting the reference to Cartway Width (Feet) all Local Streets shall be deleted and in its place the following table: "Street Classification Right-of-Way Width Minimum Cartway Arterial or Limited Collector Street Minor Street Permanent Cul-de-Sac St. Service Drive or Alley feet 60 feet 50 feet 50 feet 25 feet As determined after consultation with York County Planning Commission and the Pennsylvania Department of Transportation 40 feet 34 feet 34 feet 25 feet" Section 7. SALDO' Section 505 b. is deleted in its entirety and in its place the following: "b. Where any plan shows a combining of lots by a "lightning strike" symbol (4- or similar symbol) or otherwise adds a tract to a lot, or alters a lot line in any manner, the applicant/developer shall have prepared, prior to plan approval, new deeds accurately reflecting such modification for all affected parcels, tracts or lots and, after approval of such new deeds by the Township Solicitor, the Board of Supervisors may consider the plan for approval. After approval of the plan by the Board of Supervisors, the applicant/developer shall deposit $ per proposed new deed to be refunded on recording of the new deeds. Applicant/Developer shall have thirty (30) days after plan recordation to record such approved new deeds and provide proof of such recordation within fifteen (15) days of recording to the Township. Failure to record such new deed(s) or provide timely proof of recordation shall result in forfeiture of the deposit(s) and incur penalties as set forth in Section 1005 of the SALDO." Section 8. SALDO Section 603 d. is deleted in its entirety and in its place 3

4 d. "Street trees will not be required along proposed or existing streets but existing trees will be preserved if the tree does not pose any threat of damage to Township improvements or the safety and welfare of the public. If the owner/developer proposes street trees, such trees shall be planted and located at least 5 feet outside of any right-of-way for any street, sidewalks, walkway or public right-of-way or property." Section 9. SALDO Section 603 i. 2. The tree "Linodendron Tulipifera" scientific name, and "Native American Tulip Poplar" common name shall be inserted after "Fraxinus Americana "Autumn Applause" scientific name, and "Autumn Applause White Ash" common name in the list of tress contained therein. Section 10. SALDO Section 603 i. 3. the first sentence is amended to read: "The following is a permitted list of trees for use only in interior green areas of private parking lots:" Section 11. SALDO Section 811 of the SALDO time period in line two (2) of the third paragraph, delete "...ten percent (10%)..." and in its place "...fifteen percent (15%)..." and in line four (4) of the third paragraph "...six (6) months..." is deleted and in its place the "...eighteen (18) months...", and at the end of the paragraph add "...in conformity with Section 814. Section 12. SALDO Section 814, at the end of the first sentence the add the phrase :...in an amount not to exceed fifteen percent (15%) of the improvement cost." In the second sentence the time period of "...two (2) years..." is deleted and in its place "...eighteen (18) months...". Section 13. Zoning Ordinance (ZO) Section 201 is amended to add or revise the following definitions: "BOARDING OR ROOMING HOUSE-TRANSIENT The renting of lodging facilities in a residential dwelling for less than one week for only one person in any thirty (30) day rental period during which the owner is present and residing at the residence." "COMMUNICATION FACILITY" is amended to include after the word "broadcasting" and before "and" the phrase ", Distributed Antennae System,". "CONCENTRATED AGRICULTURAL OPERATION - an operation where: A. A Concentrated Animal Feeding Operation (CAFO) and/or a Concentrated Animal Operation (CAO) under the then current regulations of the State Conservation 4

5 Commission and subject to the Act 38 Pennsylvania Nutrient and Odor Management Act and /or any other state or federal law, rules or regulations thereunder regarding manure and odor management. In the event of a conflict between state and federal law, in the absence of a determination of preemption, the most restrictive shall control. Appendix 1 set forth the current categories of CAFO and CAO, which Appendices may be updated by Resolution. B. A Concentrated Agricultural Operation (CAGO) is any structure and/or facility for intensive and accelerated production, and/or by-products of the same, which is manufacturing in nature due to volume, for commercial sale and for human and/or animal consumption which structure is five thousand (5,000) square feet or larger with a limited combined structure devoted to such use of fifty thousand (50,000) square feet. Examples of a CAGO are mushroom production, egg production and like enterprises." "FARM EQUIPMENT Machinery or tools that are specifically designed and manufactured for and used exclusively in agriculture to plant, seed, cultivate, harvest or apply soil nutrients, fertilizers or chemicals or are customary, incidental, or accessory to farming activities in an Agricultural Operation". "KENNEL the reference to "Section 403 B" is deleted and in its place "Section 404 B". "MEDICAL MARIJUANA GROWER/PROCESSOR FACILITIES" - Those authorized and licensed grower/processor facilities as described, defined and regulated under Act 16 of 2016, the Medical Marijuana Act and section 434A of this ordinance. "MEDICAL MARIJUANA DISPENSARIES' Those authorized and licensed dispensaries as described, defined and regulated under Act 16 of 2016, the Medical Marijuana Act and section 434A of this ordinance. "PRIVATE FUNCTION FACILITY". - A for-profit structure or defined area used as and providing for a site and venue for private gatherings by invitation or association only for a particular short term legal event not open to the general public for that particular event. As an example, private parties, weddings, family reunions and like kind events are private functions. Section 14. ZO Section 300 F is amended to add to the end thereof: "...and, complies with the following: 1) the similar use is not found in any other section of this Ordinance, 2) the similar use is compatible with the other uses in the district proposed, 3) is the most similar use of all other uses in this Ordinance, 4) does not conflict with the general 5

6 purposes of this Ordinance." Section 15. ZO Section 302 B., under Accessory Uses add: "31. A. Boarding House or Rooming House Transient" (See Section 454) (SE)" Section 16. ZO Section 303 B., under Accessory Uses add: "34. A. Boarding House or Rooming House Transient" (See Section 454) (SE)" Section 17: ZO Section 304 D. 5. A) is amended to read as follows: 5. Maximum Coverage: a) Building Coverage An additional twenty percent (20%) of the lot area in excess of 20,000 square feet. - Fifteen percent (15%) of the lot area for lots of one (1) acre or more. Section 18. ZO Section 305 B., under Principal Uses add: "27 A. Medical Marijuana Dispensary" (See Section 434A) (SE) "28.A. Private Function Facility" (See Section 436A) (SE)" Section 19. ZO Section 306 B., under Principal Uses add: "19.A. Private Function Facility" (See Section 436A) (SE)" "21 A. Medical Marijuana Dispensary" (See Section 434A) (SE) Section 20. ZO Section 307 B., under Principal Uses add: "8.A. Private Function Facility". (See Section 436A) (SE)" "17 A. Medical Marijuana Grower/Processor Facility (See Section 434A) (SE) Section 21. ZO Section 308 B., under Principal Uses add the uses of "21.A. Medical Marijuana Grower/Processor Facility (See Section 434A) (SE) Section 22. ZO Section 402, Concentrated Agricultural Operations is deleted and in its place the following: "SECTION 402 CONCENTRATED ANIMAL FEEDING OPERATION (CAFO), CONCENTRATED ANIMAL OPERATION (CAO), or CONCENTRATED AGRICLTURAO OPERATIONS (CAGO), A. CAFOs and CAOs are permitted in the A District by special exception, subject to the provisions of this Section, the general standards for special exceptions in Section 1101 and 6

7 the regulations promulgated under The Pennsylvania Clean Streams Law, including but not limited to, Chapter 83 Nutrient Management, Chapter 91 Manure Management, and Chapter 102 Erosion and Sedimentation Control. The criteria to determine a CAFO and/or CAO is set out in Appendix 1 to this ordinance, which Appendix may be modified to reflect then current criteria by Resolution. B. An operation shall be classified a CAFO or CAO if designated as such due to proposed or current operations pursuant to requirements of Act 38, Nutrient and Odor Management Plan or federal Concentrated Animal Operation Plan as designated in the CAO Operation Manual. The keeping of livestock numbers under the current weight and numbers designation by the State Conservation Commission (SCC) which is set out as Appendix 1 to this ordinance, or actual documented weights, which Appendix weights may be modified to reflect then current criteria by Resolution. C. To the extent that particular types of livestock are not identified in the chart above, or a proposed use would otherwise be classified as a CAFO, or would be classified as a CAO by regulations of the Pennsylvania Department of Environmental Protection (DEP) or the United States Environmental Protection Agency (EPA), SCC, or other state or federal regulations or statutes, then the strictest of the standards promulgated by those agencies for CAFO or a CAO shall apply, and such use will be considered a CAFO or CAO for purposes of this Section 402. D. A CAFO shall be designed, located, and operated to mitigate the negative impacts on the natural environment, neighboring residents and uses, and on Township facilities, such as public streets. The applicant and the Zoning Hearing Board shall take into account issues including but not limited to: prevailing winds; topography, including elevation; and proximity to residential buildings in the vicinity. In order to comply with this subsection, the applicant shall obtain and provide to the Township an Act 38 Nutrient and Odor Management Plan hat shows housing and manure sites. E. Notwithstanding the setback requirements in Section 302, the following setbacks shall apply to all CAFOs and CAOs: 1. All manure storage facilities, as defined in the Nutrient Management Act, shall be located 7

8 at a minimum: a. One hundred (100) feet of a perennial stream, intermittent stream, river, spring, lake, pond or reservoir. b. One hundred (100) feet of a private water well, or open sinkhole. c. One hundred (100) feet of an active public drinking water well, unless other state or federal laws or regulations require a greater isolation distance. d. One hundred (100) feet of an active public drinking water source surface intake, unless other state or federal laws or regulations require a greater isolation distance e. One hundred (100) feet from any property line, unless the landowners within that distance from the facility otherwise agree and execute a waiver in a form acceptable to the state. f. Two hundred (200) feet of a perennial stream, river, spring, lake, pond, reservoir or any water well where these facilities (except permanent stacking and composting facilities) are located on slopes exceed eight percent (8%) or have the capacity of 1.5 million gallons or greater. g. If the CAFO/CAO came into existence after October 1, 1997 three hundred (300) feet from any property lines where any of the facilities (except permanent stacking and compost facilities) are located on slopes exceeding eight percent (8%), where the slope is toward the property line, or have the capacity of 1.5 million gallons or greater, unless the landowners within that distance from the facility otherwise agree and execute a waiver in a form acceptable to the state or county regulating agencies. The above distance is two hundred (200) feet if the CAO/CAFO existed prior to October 1, h. The strictest applicable setback requirement in this subsection e) shall apply for manure storage facilities. If the Nutrient Management Act applies to the proposed use, then the setbacks for manure storage facilities established in that Act shall apply. 2. All buildings and open areas in which animals are kept, including, but not limited to, animal confinement areas of poultry houses, horse stalls, free stall barns, or bedded pack animal housing systems or similar structures (all of which shall be collectively referred 8

9 to in this section as Animal Housing Buildings), which exclude any structure containing a manure storage facility, shall be located at a minimum: a. Three hundred (300) feet from any property line. b. Three hundred (300) feet from any property lines where any of the facilities are located on slopes exceeding eight percent (8%), where the slope is toward the property line. c. Three hundred (300) feet from any well, whether public or private, or water source surface intake used for human consumption in any manner. d. Five hundred (500) feet from any dwelling or dwelling unit not on the property which is the subject of the application for a CAFO or CAO. e. Two hundred (200) feet from any public street line or right- of-way. f. Three hundred (300) feet from a park, and if people frequent the following, wildlife refuge, natural resource management area, or wild land area. g. The setbacks set forth in subsections e)1. a., f., and g. shall apply to this subsection. h. The strictest applicable setback requirement in this subsection e) 2 shall apply for every Animal Housing Building. F. Design and Location of Facilities 1. Animal Housing Buildings shall be designed and located in compliance with the property's Act 38 Nutrient and Odor Management Plan. 2. There shall be an adequate year-round supply of water, as calculated in this subsection 2. If connection to an existing public water supply system is proposed, the applicant must submit an agreement committing the public water supply system to provide such water as will be utilized by the proposed special exception use for such period of time and under such terms and conditions as the public water supply system provides water service elsewhere in its service area. If the water supply system proposed involves the utilization of water obtained from the tract proposed for the location of the special exception use or from a nearby tract, the applicant must comply with the regulations of the Susquehanna River Basin Commission and the following: 9

10 a. Establish that the groundwater recharge on the site and adjoining landowners where the water supply system is contributed from, after development, computed during drought conditions (periods when the precipitation is forty (40) percent below normal), will exceed projected water usage, as certified by a hydrologist properly licensed as such by the Commonwealth of Pennsylvania; and b. Provide calculations showing the amount of water needed, and a determination of the sufficiency of the amount available at the site as certified by a hydrologist or hydrogeologist properly licensed as such by the Commonwealth of Pennsylvania. Such determination shall in all cases include an on-site evaluation consisting of at least a determination of the flow and a draw-down test of the well which will serve the CAFO or CAO as proposed in the application, or an existing well on the property within five hundred (500) feet of the location proposed in the application, and monitoring of another well, not less than one hundred (100) feet nor more than five hundred (500) feet from the test well, either on or off the site, during such testing. 3. The Zoning Hearing Board may require as a condition of approval that the applicant execute an agreement with the Township committing the proposed use not to utilize more groundwater than permitted by DEP Act 20 or the Susquehanna River Basin Commission on a daily basis. G. Access; Travel Routes. Vehicular access from the public street shall be adequate to support the volume, weight, and type of vehicular traffic to the facility, and there shall be adequate paved areas at or approximate to the animal housing buildings to park the types, weights, and sizes of vehicles necessary to transport the animals to and from the use. Additionally, the applicant shall make such improvements to the public road abutting the property as shall be necessary in the opinion of the Township Engineer to support the vehicular traffic anticipated for the use, including necessary turning radiuses into the property. H. Pollution Controls 10

11 1. Runoff, especially from open feed lots and manure storage areas, shall be controlled to prevent water pollution. An NPDES permit for a CAFO or in a CAO approved NMP pursuant to Chapter 92 of Title 25 of the PA Code under a Nutrient and Odor Management Plan shall constitute compliance with this subsection, provided that a copy of such permit, and any subsequent amendments to the permit, are filed with the Township. 2. Any winter manure management or spreading shall comply with the Nutrient and Odor Management Plan. 3. Manure storage facilities are not allowed in a floodplain pursuant to Section 403 F of the Springfield Township Flood Plain Ordinance. Where applicable, documentation that the location of facilities and manure storage facilities near floodplains complies with the Pennsylvania Floodplain Management Act and the Springfield Township Flood Plain, Zoning, and Subdivision and Land Development Ordinances. 4. The Applicant shall submit with his application for a special exception the Nutrient and Odor Management Plan utilizing the best available practice or procedure for fly and insect control. 5. All dead or infected animals shall be disposed of pursuant to the Pennsylvania Domestic Animal Act. I. Plans Required: Detailed plans and drawings of the Animal Housing Buildings and manure storage facilities prepared by a registered engineer or architect shall be submitted. Where calculations are required, the source of the information on which they are based shall be included. Such plans and drawings for consideration by the Zoning Hearing Board shall be in sufficient detail to provide the Zoning Hearing Board with sufficient information to act on the special exception application. Additionally, prior to obtaining any zoning permits pursuant to this Ordinance, or any other permits required by any other federal, state, county, or Township statutes, rules, regulations, or ordinances, a land development plan in accordance with the requirements of the Springfield Township Subdivision and Land Development Ordinance, and a 11

12 Stormwater Management Plan meeting the requirements of the Springfield Township Stormwater Management Ordinance and any other applicable ordinances of the Township, must be submitted and approved by the Township Board of Supervisors. J. Review: The applicant shall be required to present written documentation that the State Conservation Commission or it's designee has approved the Nutrient and Odor Management Plan, for any new animal housing building or manure storage facilities. K. The applicant shall provide written evidence that: 1. The proposed operation meets all the requirements of the Pennsylvania Clean Streams Law and any other applicable State laws, and that any required permits have been obtained from the Pennsylvania Department of Environmental Protection, or its designee. 2. An NPDES permit has been obtained from the U.S. Environmental Protection Agency or its designee, or that such a permit is not required for the operation; and that the requirements of any other applicable Federal and State laws and regulations have been met. 3. Additionally, every operation which qualifies as a CAFO or CAO as defined in this Section shall be required to have a Nutrient Management Plan and an Odor Management Plan which has been approved by the State Conservation Commission, the York County Conservation District, or their designees, in accordance with the standards set forth in the Nutrient Management Act or Chapter 5 of Title 3 of the Pennsylvania Consolidated Statutes, as amended, and the regulations promulgated pursuant to those statutes. L. Notwithstanding the setback requirements in Section 302, the setbacks set forth in subsection 2 above shall apply to all CAGOs not classified as a CAFO or CAO.: Section 23. before "HC". Section 24. ZO Section 418 A., is amended to add the ROS District after "in" and The following Section 434 A is added to the ZO as follows: 12

13 SECTION 434 A. MEDICAL MARIJUANA GROWER/PROCESSOR FACILITIES AND MEDICAL MARIJUANA DISPENSARIES A. Statement of Intent and Purpose. To allow for the limited growing, manufacturing, processing, and dispensing of Medical Marijuana as provided for in Act 16 of 2016, the Medical Marijuana Act, by establishing regulations consistent with the act and the zoning and land use regulations of the township in order to provide for a state regulated industry while protecting the health, safety and welfare of the residents of the community. B. Definitions. The following definitions shall apply exclusively to this section 434 A: Act: The Medical Marijuana Act (Act 16 of 2016). Commercial: Those uses that require higher intensities of retail business that can accommodate design features that take into consideration motorized and non-motorized vehicular and pedestrian traffic and parking in a safe, efficient and attractive manner. Department of Health: The Depai lwwwent of Health of the Commonwealth of Pennsylvania. Dispensary: A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health to dispense medical marijuana. (Section 103 of Act 16 of 2016) Dispensary Facility: A dispensary facility that is owned or operated by a dispensary and that shall meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same zoning district. (Section 2107 (2) of Act 16 of 2016) Facility: The structure and land necessary for the facility to comply with the requirements of Act 13

14 16 of 2016 and this ordinance. Grower/Processor: A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Department of Health to grow and process medical marijuana. (Section 103 of Act 16 of 2016) Grower/Processor Facility: A grower/processor facility that is owned or operated by a grower/processor and that shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same zoning district. (Section 2107 (1) of Act 16 of 2016) Industrial: Those uses involved in the manufacturing of products, the processing of materials, or the transportation of materials which require large amounts of impervious surfaces and require a separation from residential or other more sensitive areas. Medical Marijuana: Marijuana for certified medical use as set forth in Act 16 of 2016, the Medical Marijuana Act. C. Grower/Processor Facility Zoning. 1. A grower/processor facility shall be a permitted in the Campus Industrial district (CI) and the Industrial (I) district. 2. Design Standards: a. Shall meet the same zoning and land use requirements as other manufacturing, processing and production facilities within the CI and I districts, including, but not limited to, lot area, lot coverage, setbacks, lot width, and building height. b. Shall meet the requirements of the Act as it relates to the limitations imposed on the facility by Section 702 (b) of the Ac and all regulations promulgated under the Act. c. Shall provide documentation that any connection to public sewer has been approved by the appropriate authority. 14

15 d. Shall obtain all necessary state and local permits and approvals required to construct, if applicable, and operate the facility, and shall comply at all times with the terms and conditions of such permits and approvals and with all local ordinances applicable to the facility. D. Dispensary Facility Zoning. 1. A dispensary facility shall be permitted in the Village Center (VC), and Highway Commercial (HC) Districts. 2. Design Standards: a. Shall meet the same zoning and land use requirements as other commercial sales facilities in the Village Center (VC), and Highway Commercial (HC) Districts, including, but not limited to, lot area, lot coverage, setbacks, lot width, and building height of each respective district. b. Shall not be located within 1,000 feet of the property line of a public, private or parochial school or day-care center. (Section 802 of Act 16 of 2016) c. Shall meet the requirements of the Act as it relates to the limitations imposed on the facility by Section 802 of Act. d. Shall obtain all necessary state and local permits and approvals required to construct, if applicable, and operate a facility, and shall comply at all times with the terms and conditions of such permits and approvals and with local ordinances applicable to the facility. Section 25. The ZO is amended by adding Section 436 A as follows: "SECTION 436 A PRIVATE FUNCTION FACILITY A. Submission of a Land Development Plan showing all improvements. B. No conversion to or construction of a Private Function Facility is allowed in any Flood Way or Flood Plain as determined by the then current Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) maps. C. Compliance with the Springfield Township Building Code for any improvements (this is commercial and includes Fire Code) 15

16 D. Compliance with the Springfield Township Stormwater Management Ordinance for a commercial structure E. Access from an arterial or collector street with a traffic study of peak usage hours F. No events lasting longer than 12 hours. G. Comply with Article VII of Springfield Township Zoning Ordinance. H. Parking shall be calculated by the maximum capacity of participants and employees represented by the Applicant and parking for every 3 people of the maximum capacity is required. I. Parking lot setback of 100 feet and structure setback of 300 feet from any property line. J. On-site sewage facility must be inspected and approved for the increased periodic usage; use of public sewer is required if the same is available and the Springfield Township, York County Sewer Authority (STYCSA) must represent in writing its ability to handle such periodic increase. K. If using a private water supply (well) a Pennsylvania Hydrologist report must represent in writing such usage will not affect nearby wells water table. L. Post a 24 months bond in case subsection H above are not as represented by Applicant or Applicant's expert. M. Screening and buffering if the structure is within 500 feet of a ROS or R District or a residential structure if residential structure owner does not waive a shorter distance in writing. Section 26. ZO section 440 is amended to add a new subsection E. as follows: "E. No communications facility may be located in any road or street right-of-way or other right-of-way for public travel, whether vehicular or walking, without first obtaining a Springfield Township Highway Occupancy Permit issued by Springfield Township or, if not a road or street, consent and permission of the Board of Supervisors of Springfield Township. Section 27. ZO Section 454 is amended to add a subsection C. and D. as follows; "C. One additional off street parking space shall be available for each roomer/boarder. D. The single family detached dwelling shall be owner occupied and residing at the residence at all times of rental." Section 28. ZO Section 503, add at the end of subsection A, "Any property that is 16

17 subject to a Conservation Easement where the right to develop has been relinquished, the Owner's right to transfer development rights is limited to those development rights retained by the Owner in the Conservation Easement.". Section 29. ZO Section 604 B., is amended to add before the second to last sentence the following sentence: "Height shall be determined by measuring from the ground to the highest point of the fence which shall include any material above the traditional fence, such as barb wire or other material, excluding however any surveillance devices". Section 30. ZO Section 903 A., in the first sentence after the word "uses" and before "whose" add the phrase "...excepting a Church." Section 31. ZO Section 904 D, add a subsection 5. As follows: "5. A driveway/access drive shall not be closer than ten (10) feet of a side property line except where the front area lot width is less than thirty-five (35) feet." Section 32. ZO Section 305 B.38. "Agricultural Commercial Facility (See Section 452)" is removed from the category of "Principal Utility and Transportation Uses" and moved to "Principal Commercial Uses" category as a permitted use and re-numbered accordingly. Section 33. ZO Section 306 B. is amended to add to the category "Principal Commercial Uses" the use of "Agricultural Commercial Facility (See Section 452)" as a permitted use, and renumber accordingly. Section 34. ZO Section 414 H. 1. Is amended to add after "...dwelling types" and before "shall" the phrase "disbursed un-clustered throughout the VRD". Section 35. ZO Section 414 M. is deleted, and in its place, the following: M. Parking All parking in the VRD shall be only in the rear of structures the parking serves. Section 36. ZO Section 1101C.2. is amended in the fourth line to eliminate the words "...needs and growth pattern of the area..." and in its place the words "Township's Comprehensive Plan..." Section 37. Section 407 of the Stormwater Management Ordinance is amended as 17

18 follows: Section 407. As-Built Plans, Completion Certificate, and Final Inspection A. The developer shall be responsible for providing as-built plans of all SWM BMPs, structural and non-structural, included in the approved SWM Site Plan with calculations demonstrating that each BMP meets the Stormwater Maintenance Ordinance as constructed. The as-built plans, BMP calculations and an explanation of any discrepancies with the construction plans shall be submitted to the Township. B. The as-built submission shall include a certification of completion signed by a qualified person verifying that all permanent SWM BMPs have been constructed according to the approved plans and specifications and the BMP calculations required by subsection 407 A above are accurate. If any licensed qualified person contributed to the construction plans, then a licensed qualified person shall sign the completion certificate. C. After receipt of the completion certification by the Township, the Township may conduct a final inspection to verify compliance with, and accuracy of, the as-built plans. D. The Township shall hold adequate financial surety for the completion of the required asbuilt plans for SWM BMPs until final submission and acceptance of such as-built plans. Section 38. The Springfield Township Nuisance Ordinance, Ordinance , is amended so the title thereof is as follows: AN ORDINANCE OF THE BOARD OF SUPERVISORS OF SPRINGFIELD TOWNSHIP, YORK COUNTY, PENNSYLVANIA, PROHIBITING NUISANCES ON PUBLIC OR PRIVATE PROPERTY WITHIN THE TOWNSHIP AND REQUIRING THE REMOVAL OR ABATEMENT THEREOF AFTER NOTICE TO THE OWNERS TO DO SO, AND IN DEFAULT THEREOF, ALLOWING REMOVAL OR ABATEMANT BY THE TOWNSHIP AND COLLECTION OF THE COSTS OF SUCH REMOVAL BY THE TOWNSHIP BY A MUNICIPAL LIEN OR OTHERWISE, DECLARING VIOLATIONS OF CERTAIN ORDINANCES OR LAWS AS A NUISANCE AND PROHIBITING FIREWORKS BETWEEN CERTAIN HOURS, AND PRESCRIBING PENALTIES FOR VIOLATION. Section 39. The Springfield Township Nuisance Ordinance is amended so that the former section 3.(0) is amended to be Section (Q) and following subsections are added as follows : 18

19 0. Discharge of Fireworks After 10:00 o'clock PM and before 8:00 o'clock AM it shall be a nuisance if any person or legal entity discharges or ignites any combustible or explosive composition or any substance or combination of substances which is intended to produce a visible or audible effects by combustion, provided if the party discharging the fireworks has a valid license (if required) and Township permit to do so. P. Violation of the Pennsylvania Fireworks Law Any violation of the Pennsylvania Fireworks Law, Act 43 of 2017, shall be a violation of this Nuisance Ordinance. Section 40. ATTEST: It is hereby declared to be the legislative intent that if a court of competent jurisdiction declares any provision of this Ordinance to be invalid, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid. In such case, all provisions of this Ordinance that were not declared invalid shall continue to be separately and fully effective. The Board of Supervisors hereby declares that it would have passed all other parts of this Ordinance without including any part declared invalid, if it had advance knowledge that such part would be declared invalid. Section 41. All Springfield Township ordinances or parts thereof that are inconsistent or incompatible herewith and cannot be read in any manner to be consistent with this Ordinance, are repealed to the extent of such inconsistency or incompatibility. This repealer clause shall only repeal Township ordinances or parts thereof that were adopted prior to this Ordinance and that are clearly in direct conflict with this Ordinance. Section 42. ENACTED and ORDAINED this 3rd day of December, 2018 and shall be effective five (5) days after enactment. SPRINGFIELD TOWNSHIP BO OF SUPERVISORS ( Barbara E. Sweitzer, Secretary Tommy L. olfe, Chairm C Adam E. Sweitzer, Vice Chairman Walter P. Reamer, Supelvisor 19

20 APPENDIX 1

21 IS MY OPERATION A CAFO? Does your operation meet or exceed any of the following thresholds? 700 mature dairy cows 1,000 veal calves 1,000 cattle' 2,500 swine, 55 lbs. or more 10,000 swine, under 55 lbs. 500 horses 10,000 sheep or lambs 55,000 turkeys 30,000 layers or broilers, wet2 125,000 broilers, dry3 82,000 layers, dry 30,000 ducks, dry 5,000 ducks, wet YES catu NO Does your operation have a total of more than 1,000 AEUs4, when all animal types are combined? YES ICAFO NO (Is your operation a CAO that has more than 300 AEUs, when all animal types are combined? YES CAFO NO NOT A CAR) NOTES 'Cattle includes but is not limited to heifers, steers, bulls, and cow/calf pairs Wet means that the operation uses a liquid manure handling system 3"Dry" means that the operation uses something other than a liquid manure handling system 'AEU is 1,000 lbs. live weight of livestock or poultry animals

22 Is my operation a CAFO? Your operation is an animal feeding operation (AFO) if You confine animals for at least 45 days In a 12-month period and There's no grass or other vegetation in the confinement area during the normal growing season Your operation is a CAFO if It meets the definition of an AFO and The operation meets one of the following CAFO definitions Large CAFOs Your operation is a Large CAFO if it has at least 700 mature dairy cows 1,000 veal calves 1,000 beef cattle or heifers 500 horses 2,500 swine (each 55 lbs or more) 10,000 sheep or lambs 10,000 swine (each under 55 Ibs) 55,000 turkeys 30,000 ducks (other than liquid manure handling systems) 5,000 ducks (liquid manure handling systems) 30,000 chickens (liquid manure handling systems) 125,000 chickens except laying hens (other than liquid manure handling systems) 82,000 laying hens (other than liquid manure handling systems) Medium CAFOs Your operation is a Medium CAFO if A man-made ditch or pipe carries Your animals come into contact with manure or wastewater from your or surface water running through the operation to surface water And your operation has at least area where they're confined 200 mature dairy cows 300 veal calves 300 beef cattle or heifers 150 horses 750 swine (each 55 lbs or more) 3,000 sheep or lambs 3,000 swine (each under 55 Ibs) 16,500 turkeys 10,000 ducks (other than liquid manure handling systems) 1,500 ducks (liquid manure handling systems) 9,000 chickens (liquid manure handling systems) 37,500 chickens except laying hens (other than liquid manure handling systems) 25,000 laying hens (other than liquid manure handling systems) Designated CAFOs Ho matter what size your operation is, if it is an AFO, it may be designated a CAFO. If your permitting authority inspect your operation and finds that It's adding pollutants to surface waters, you might need a CAFO permit. My operation is a CAFO. What do I do now? You must apply for a permit. Contact your state permitting authority to find out how to apply. (See Insert for contact information.) What will the permit require me to do? The permit will require you to control pollutants at your operation and keep them from getting Into surface waters. See the other EPA CAFO pamphlets to learn more. And don't forget to contact your permitting authority for specific details. What if my operation discharges only during large storms? If you meet one of the CAFO definitions, you must apply for a permit even If your operation discharges manure or wastewater only when there's a large storm. When will the regulation affect my operation? If you already have a CAFO permit, the regulation won't affect you until your permit expires and you must reapply for a new one. If you're applying for a permit for the first time, contact your permitting authority.

23 CERTIFICATION OF SPRINGFIELD TOWNSHIP ORDINANCE I hereby certify the within Ordinance is a true and correct copy of Ordinance No , entitled. "AN ORDINANCE OF SPRINGFIELD TOWNSHIP, YORK COUNTY, COMMONWEALTH OF PENNSYLVANIA, AMENDING THE SPRINGFIELD TOWNSHIP SUBDIVISION AND LAND DEVELOPMENT ORDINANCE BY CHANGING NOTICE REQUIREMENTS FOR PLAN REVIEW, ELIMINATING THE REQUIREMENT FOR MYLAR PLANS, CHANGING THE CARTWAY AND STREET WIDTHS, AMENDING THE DEED REQUIREMENTS FOR ADD-ON LOTS, DELETINGB THE REQUIREMENT FOR STREET TREES, ADDING TREES TO THE PREFERRED LIST, AMENDING SURETY FOR IMPROVEMENTS AND MAINTENANCE REQUIREMENTS; AMENDING THE SPRINGFIELD TOWNSHIP ZONING ORDINANCE ADDING AND AMENDING CERTAIN DEFINITIONS, ADDING CRITERIA FOR AN UNLISTED USE, ADDING A USE OF BOARDING HOUSE OR ROOMING HOUSE-TRANSIENT TO CERTAIN DISTRICTS, ADDING A USE OF PRIVATE FUNCTION FACILITY TO CERTAIN DISTRICTS, UPDATING CONCENTRATED AGRICULTURAL OPERATIONS TO REFLECT CURRENT REGULATIONS, RECOGNIZING MEDICAL MARIJUANA PRODUCTIION AND DISPENSING IN CERTAIN DISTRICTS, DEFINING A PRIVATE FUNCTION FACILITY USE,PROVIDING NO COMMUNICATION FACILITY MAY LOCATE IN A PUBLIC RIGHT-OF-WAY WITHOUT A PERMIT TO DO SO, LIMITING TRANSFERABLE DEVELOPMENT RIGHTS IN A PROPERTY WITH A CONSERVATION EASEMENT, DEFINING FENCE HEIGHT, REMOVING CHURCHES FROM OFF-STREET LOADING REQUIREMENTS, RESTRICTING DRIVEWAYS TO NO CLOSER THAN TEN FEET FROM PROPERTY LINES,CORRECTING THE CLASSIFICATION OF AGRICULTURAL COMMERCIAL FACILITYREQUIRING DIFFERENT HIOUSING TYPES TO BE DISPERSED THROUGHOUT A VILLAGE RESIDENTIAL DISTRICT (VRD), REQUIRING PLANNING COMMISSION CONSIDERATION OF PLANS TO BE IN CONCERT WITH THE TWONSHIP'S COMPREHENSIVE PLAN; AMENDING THE SPRINGFIELD TOWNSHIP STORMWATER MANAGEMENT ORDINACE TO REQUIRE A CERTIFICATION OF OPERATION AS INTENDED WITH AS-BUILT PLANS; AMENDING THE TOWNSHIP NUISANCE ORDINANCE TO REGULATE FIREWORKS." which was properly,4 opted b the Springfield Township Board of Supervisors at a scheduled meeting on Monday,, Date: )16, 2018 John D. Miller, Jr., Solicitor Sup. Ct. No MPL LAW FIRM, LLP 137 East Philadelphia Street York, PA (717) jmiller@mpl-law.com