Springfield Township York County
City Zoning Code
City Zoning Code
ARTICLE IV
Use Regulations
§ 500-17 Applicability.
The regulations for each zoning district, pertaining to minimum lot size, minimum lot width, maximum lot coverage, and minimum setback requirements, are specified in Article III of this chapter. The purpose of this article is to supplement Article III with additional requirements applicable to certain permitted uses. In cases where the provisions of this article are more restrictive than the general district regulations contained in Article III, the provisions of this article take precedence. Regulations applying to lots, buildings, and uses in existence prior to January 27, 1996, shall be governed by Article X, Nonconformities, of this chapter.
AGRICULTURAL USES
§ 500-18 Animal husbandry.
A.
In all districts, except A and C Districts, the minimum lot size shall be 10 acres. In A and C Districts, the minimum lot size shall be five acres.
B.
No barns or principal animal shelters or buildings shall be located closer than 100 feet to any property line; and feed stations, cribs, sheds, and similar agricultural accessory buildings shall not be located closer than 50 feet to any property line.
C.
In ROS, R, CI, and I Districts, no new agricultural buildings shall be constructed which by their size and nature will inhibit future residential or industrial development.
D.
All animal and poultry wastes shall be properly stored and disposed of in a manner that will not create a public health hazard or nuisance. No animals or poultry wastes shall be stored within the required setback areas.
E.
All pasture, grazing, and exercise areas shall be securely fenced.
§ 500-19 Concentrated animal feeding operation (CAFO), concentrated animal operation (CAO), or concentrated agricultural 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 § 500-116 and the regulations promulgated under the Pennsylvania Clean Streams Law,[1] 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 B to this chapter,[2] which Appendix may be modified to reflect then-current criteria by resolution.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
B.
An operation shall be classified a CAFO or CAO if designated as such due to proposed or current operations pursuant to requirements of an 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 B to this chapter, 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 § 500-19.
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 that shows housing and manure sites.
E.
Notwithstanding the setback requirements in § 500-10, the following setbacks shall apply to all CAFOs and CAOs:
(1)
All manure storage facilities, as defined in the Nutrient Management Act,[3] shall be located, at a minimum:
(a)
One hundred feet from a perennial stream, intermittent stream, river, spring, lake, pond or reservoir.
(b)
One hundred feet from a private water well, or open sinkhole.
(c)
One hundred feet from an active public drinking water well, unless other state or federal laws or regulations require a greater isolation distance.
(d)
One hundred feet from an active public drinking water source surface intake, unless other state or federal laws or regulations require a greater isolation distance.
(e)
One hundred 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 feet from 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 8% or have the capacity of 1.5 million gallons or greater.
(g)
If the CAFO/CAO came into existence after October 1, 1997, 300 feet from any property lines where any of the facilities (except permanent stacking and compost facilities) are located on slopes exceeding 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 200 feet if the CAO/CAFO existed prior to October 1, 1997.
[3]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
(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 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 feet from any property line.
(b)
Three hundred feet from any property lines where any of the facilities are located on slopes exceeding 8%, where the slope is toward the property line.
(c)
Three hundred feet from any well, whether public or private, or water source surface intake used for human consumption in any manner.
(d)
Five hundred 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 feet from any public street line or right-of-way.
(f)
Three hundred feet from a park and if people frequent the following: wildlife refuge, natural resource management area, or wild land area.
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 F(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:
(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 40% 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 500 feet of the location proposed in the application, and monitoring of another well, not less than 100 feet nor more than 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.
(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 § 225-25F of Chapter 225, Floodplain Management. Where applicable, documentation that the location of facilities and manure storage facilities near floodplains complies with the Pennsylvania Flood Plain Management Act[4] and this chapter and Chapter 425, Subdivision and Land Development, of the Code of Springfield Township.
[4]
Editor's Note: See 32 P.S. § 679.101 et seq.
(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.
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 chapter, 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 Chapter 425, Subdivision and Land Development, and a stormwater management plan meeting the requirements of Chapter 375, Stormwater Management, 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 its 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[6] and any other applicable state laws, and that any required permits have been obtained from the Pennsylvania Department of Environmental Protection, or its designee.
[6]
Editor's Note: See 35 P.S. § 691.1 et seq.
(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[7] or Chapter 5 of Title 3 of the Pennsylvania Consolidated Statutes, as amended, and the regulations promulgated pursuant to those statutes.
[7]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
§ 500-20 Greenhouse.
A greenhouse, except an accessory greenhouse, must comply with the following provisions:
A.
The display and sale of items not grown on the premises shall be incidental to the greenhouse operation. Not more than 25% of the gross sales shall consist of agricultural products not grown on the property.
B.
Outdoor display areas shall be set back at least 25 feet from the street line.
C.
The display, sale, and/or repair of power tools or motorized nursery, lawn, or garden equipment shall not be permitted.
§ 500-21 Kennel.
A.
The operation of a kennel shall be in accordance with state law governing the same, to wit: Title 7 Pennsylvania Code Section 21.1 et seq. Prior to the granting of any occupancy permit, the applicant shall provide the Zoning Hearing Board or Zoning Officer with proof of compliance with such regulations.
B.
All dogs and any other animal typically over five pounds at nine months of age shall be subject of this chapter.
C.
D.
The Zoning Hearing Board may require the applicant to show the following:
(1)
Appropriate sheltering, taking into account the size of the animals to be kenneled.
(2)
Reasonable outdoor exercise facilities and schedule, if applicable, considering the kennel's size, location, adjoining owners and land use.
(3)
Steps to reduce potential sounds or noise and a contingency plan of more stringent steps in the event of complaint.
(4)
Screening or buffering, if appropriate.
(5)
The kennel shall have enclosed fencing of eight feet (or six feet inverted) of all areas used for animal exercise, training or any activity during kenneling with potential of the animal being loose or getting free from the kennel personnel's restraint.
(6)
The Zoning Hearing Board may impose any other condition reasonably calculated to protect the health, safety and welfare of the public, Township personnel and/or police, fire or health emergency personnel or the animals kenneled.
(7)
Any kennel shall operate so as not to emit a noxious odor detectable at any time at the property's boundary line.
(8)
After the commencement of operation, any noncompliance by applicant of the above requirements, either set out herein or imposed by the Zoning Hearing Board, shall constitute a violation, and every day the violation occurs or continues shall be, and is, a separate, distinct violation for purposes of any enforcement by fines or other penalties as provided in this chapter.
(9)
Violations of this section shall be a civil violation and incur fines up to $500 per violation as determined by a Magisterial District Judge. The finable violation shall commence the day after notice of such violation and the violation shall continue each day thereafter.
§ 500-22 Stable.
A.
The minimum lot size shall be five acres in C and A Districts and 10 acres in all other districts where allowed.
B.
No barn, shelter, or stable building for such animals shall be located within 100 feet of any lot line.
C.
All stable operations shall comply with any applicable federal, state and local laws and regulations.
§ 500-23 Zoo.
A.
Zoos housing wild animals are specifically excluded from all zones of the Township.
B.
Petting zoos may be allowed by special exception in A and C Districts, provided that the Zoning Hearing Board determines that the same would not be detrimental to the health, safety, and welfare of the citizens of the Township. The Board may attach such reasonable conditions on the grant of such permit as it sees fit.
RESIDENTIAL USES
§ 500-24 Boardinghouse or rooming house.
A.
A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.
B.
Not more than eight boarders/roomers shall be provided for upon any lot or in any single building.
C.
Minimum periods of residency for all boarders/roomers shall be one week.
D.
The lot on which such building is located must have a lot area, in addition to other area requirements of this chapter, of not less than 1,500 square feet for each person for whom accommodation is provided therein.
E.
Necessary permits for water supply and sanitary waste disposal must be obtained.
§ 500-25 Cluster residential development.
A.
When required; site size. Cluster residential development shall be required in the ROS, R, and VC Districts when any residential development is proposed on a parcel of land of 10 acres or more as of January 27, 1996, unless a conditional use for a Village Residential Development in the ROS District is granted in accordance with the requirements of this chapter. Cluster residential development shall be permitted on parcels of less than 10 acres, provided that the gross acreage of the parcel is not less than two acres, but is not required on such parcels.
B.
Purpose. The purpose of cluster residential development is to encourage a variety of residential dwelling types to be developed in a manner that creates a sense of community and preserves the natural beauty of the area. The flexible design standards for cluster residential development, as enabled by the Pennsylvania Municipalities Planning Code,[1] and as set forth in the following subsections, are intended to encourage ingenuity and originality in total subdivision and site design; to provide for desirable and proper open space, tree cover, recreational areas, and/or scenic vistas; and to preserve and protect significant natural and cultural features.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Required utilities. All proposed dwellings shall be connected to and served by a central sanitary sewer system and either a public water supply system or an unregulated water supply system. All utilities must be located underground.
D.
Common open space.
(1)
Within a cluster residential development, a percentage of the site area must be set aside as common open space. The areas designated as common open space shall form a unified system of compact, not scattered, open space. In addition, all common open space areas shall be accessible from a public street or a public pedestrian path system. Common open space shall be deed restricted to prohibit future subdivision or development, except for recreational and/or environmental preservation, including agricultural purposes.
(2)
The pedestrian path system shall be connected to any pedestrian path system on an adjacent property or, where the adjacent property is undeveloped and located in an ROS, R, or VC District, the system shall be designed so that it can be connected when that parcel is developed. If two or more open space areas are proposed, the developer must design and construct a linear pedestrian path system that connects the open space areas and fully integrates the developed areas of the site with the common open spaces. Pedestrian paths shall be designed in accordance with the requirements of § 425-42B of Chapter 425, Subdivision and Land Development, of the Code of Springfield Township.
(3)
Any portions of the common open space which are intended to provide usable parklands for the active/passive recreation of the residents of the development shall be located and designed to provide safe and convenient access to all existing and proposed residents. In addition, such sites shall have suitable topography and soil conditions, as well as be configured to accommodate its intended uses. If the cluster residential development is contiguous to an existing park, school, or other similar facility, every effort should be made to locate the parklands adjacent to those existing facilities.
(4)
The following requirements relate to the delineation, ownership, and maintenance of the required common open space area(s):
(a)
Delineation.
[1]
The land designated as open space shall include, but not be limited to, all significant or sensitive natural and cultural features such as:
[a]
One-hundred-year floodplains;
[b]
Steep slopes (greater than 25%);
[c]
Wetlands, streams, ponds, or other bodies of water;
[d]
Sinkholes, caves, vistas, or other significant geologic features;
[e]
Habitats of threatened or endangered species;
[f]
Archaeological or historical resources; and
[g]
Significant stands of trees.
[2]
The required open space shall not include street rights-of-way, parking areas, private yards, minimum required spacing between buildings, or recreation land required to be dedicated to the Township.
(b)
Ownership and maintenance. A plan for the ownership and maintenance of the common open space, including the pedestrian path system, must be submitted for approval by the Board of Supervisors. Such ownership, administration, and maintenance shall be arranged to be in accordance with one or more of the following methods:
[1]
An offer of dedication to the Township; however, the Township shall not be obligated to accept dedication of the common open space. Generally, the Township will only accept those areas which will benefit the Township recreation/park system and which will be practical for the Township to maintain.
[2]
With permission of the Township, and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor, the developer may transfer ownership of the common open space, or a portion thereof, to a private, nonprofit organization among whose purposes is the preservation of open space land and/or natural resources. The organization shall be a bona fide conservation organization with a perpetual existence, the conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to carry out its functions, and the organization must enter into a maintenance agreement with the Township.
[3]
The developer may provide for and establish an automatic-membership property owners' association, made up of the owners of property in the cluster residential development, as a nonprofit corporation for the ownership, administration, and maintenance of the common open space. Such organizations shall generally be consistent with the requirements for unit owners; associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is formed, the developer must submit a detailed statement, including covenants, agreements, or other specific documents indicating the ownership, method of maintenance, and utilization of the open space area(s) within the development. The covenants and agreements shall be perpetual and shall be recorded prior to or simultaneous with the approved plan.
[4]
The landowner may establish a deed or deeds of trust, approved by the Board of Supervisors, for the purpose of ownership, administration, and maintenance of the common open space. The trustee shall be empowered to levy and collect assessments from the property owners in the cluster residential development to cover replacements, working capital, operating expenses, insurance against casualty and liability, and contingencies.
[5]
If a portion of the common open space is to be used for agricultural purposes, that portion of the common open space may be transferred to a person or other entity who will farm the land. Prior to the transfer of any common open space for agricultural purposes, a permanent conservation easement in favor of a bona fide Internal Revenue Code Section 501(c)(3)[2] organization specifically organized to hold, manage and monitor conservation easements, in language acceptable to the Township Solicitor, shall be imposed against such land. The conveyance shall contain appropriate provisions for the retransfer or reverter to the Township or any association or trustee holding the remainder of the common open space in the event the land ceases to be used for agricultural purposes.
[a]
In the event that the organization established to own and maintain the common open space, or any successor organization, shall at any time after the establishment of the cluster residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Board of Supervisors may serve written notice upon such organization or upon the residents of the cluster residential development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Board of Supervisors may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected.
[b]
If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Board of Supervisors, in order to preserve the taxable values of the property within the cluster residential development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one year. Said maintenance by the Township, as directed by the Board of Supervisors, shall not constitute a taking of said common open space, nor vest in the public any rights to use the same.
[c]
Before the expiration of said year, the Board of Supervisors shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the cluster residential development, to be held by the Board of Supervisors or its designated agency, at which hearing such organization or the residents of the cluster residential development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Board of Supervisors, or its designated agency, shall determine that such organization is ready and able to maintain the common open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Board of Supervisors or its designated agency shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, at its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.
[e]
The cost of maintenance of such common open space by the Township shall be assessed ratably against the properties within the cluster residential development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of York County, Pennsylvania, upon the properties affected by the lien within the cluster residential development.
[f]
Future development, subdivision, or sale of the required open space shall not be permitted, unless the Township has given prior written approval.
[2]
Editor's Note: See 26 U.S.C. § 501(c)(3).
E.
ROS District: permitted uses, common open space, density, and design standards.
(1)
Permitted uses. In a cluster residential development within an ROS District, single-family detached, single-family semidetached, and single-family attached dwellings shall be permitted. (A single-family detached dwelling may be constructed as a zero-lot-line dwelling.)
(2)
Common open space requirement. In the ROS District, a minimum of 25% of the site must be designated as common open space (see § 500-25D). If a golf course, meeting the requirements of § 500-36 of this chapter, is developed in conjunction with the cluster residential development, the pervious portion of the golf course can be designated as "limited open space." For purposes of this section, one acre of limited open space equates to one acre of required or proposed common open space.
(3)
Density requirement. The maximum permitted density shall be as follows:
(a)
Without transferred development rights. The maximum permitted density on the gross area of the site shall be one dwelling unit per acre (the same as the residential base density for the ROS District).
(b)
With transferred development rights. In cases where the developer has acquired transferred development rights, in accordance with the requirements of Article V of this chapter, the maximum permitted density on the gross area of the site shall be increased to one and 1.2 dwelling units per acre. For each three dwelling units, or portion thereof, proposed in excess of the maximum number of dwelling units permitted without transferred development rights, the developer shall acquire one transferred development right.
(4)
Design standards for the ROS District:
(c)
Maximum height: 35 feet.
(d)
Minimum front setback: 10 feet.
(e)
Minimum side setback: six feet each side, unless the dwelling is constructed as a zero-lot-line or single-family semi-detached dwelling, in which case there shall be no side setback on one side and there shall be a minimum side setback of 12 feet on the opposite side. In the case of single-family attached dwellings, end units shall have a side setback of 12 feet.
(f)
Minimum rear setback: 15 feet.
(h)
Additional regulations for single-family semidetached and single-family attached dwellings.
[1]
There shall be no more than four single-family attached dwellings in a single building.
[2]
There shall be no more than eight single-family semidetached or single-family attached dwelling units adjacent to one another without at least one intervening single-family detached dwelling.
[3]
Garages for single-family attached dwellings and single-family semidetached dwellings shall be located to enter only on the side or rear of the structure, however, single-family-semidetached dwellings may have one of every two garages located to open on the front of the structure and one garage opening on the side or rear of the structure.
F.
R and VC Districts: permitted uses, common open space, density, and design standards.
(2)
Common open space requirement. In R and VC Districts, a minimum of 25% of the site must be designated as common open space (see § 500-25D).
(3)
Land use allocation. The mix of dwelling unit types permitted within a cluster residential development shall be based on the percentage of common open space proposed and shall be determined using the table on the following page. Any fraction of common open space proposed shall not be considered in determining the resulting mix of dwelling types; e.g., if 25.8% common open space is proposed, only 25% shall be used to determine the mix of dwelling types permitted.
(4)
Gross density.
(a)
Without transferred development rights. The maximum permitted density on the gross area of the site shall be two dwelling units per acre (the same as the residential base density for the R and VC Districts). However, in the Village Center District only, the maximum permitted density on the gross area of the site shall be increased to 2 1/2 dwelling units per acre, provided that 30% or more of the dwelling units proposed consist of single-family attached and/or multifamily dwellings.
(b)
With transferred development rights. In addition, in cases where the developer has acquired transferred development rights in accordance with the requirements of Article V of this chapter, the maximum permitted density on the gross area of the site shall be increased to three dwelling units per acre. For each three dwelling units, or portion thereof, proposed in excess of the maximum number of dwelling units permitted without transferred development rights, the developer shall acquire one transferred development right.
(5)
Net density. The maximum permitted density on the developed land (gross site acreage less common open space acreage) or net density shall be computed by using the applicable line on the open space/density graph below. Any fraction of common open space proposed shall not be considered in determining the resulting net density permitted; e.g., if 36.7% common open space is proposed, only 36% shall be used to determine the net density permitted.
Percentage of Dwelling Units Required by Structural Type | ||||
|---|---|---|---|---|
Proposed Common Open Space (Percent of Gross Site Area) | Single-Family Detached Dwellings | Single-Family Semidetached or Two-Family Dwellings | Single-Family Attached or Multifamily Dwellings | Maximum Permitted Density of Developed Land (DU/Ac.) |
25% | At least 50% | No more than 25% | No more than 25% | See Graph |
26% to 35% | At least 40% | No more than 30% | No more than 30% | See Graph |
 | ||||
36% to 45% | At least 30% | No more than 50% | No more than 50% | See graph |
46% to 55% | At least 20% | No more than 60% | No more than 60% | See graph |
56% to 62% | At least 15% | No more than 65% | No more than 65% | See graph |
(6)
Design standards. The following table, and the accompanying footnotes, set forth the design standards for the various dwelling types:
Use | Minimum Lot Area (square feet) | Maximum Permitted Height (feet) | Minimum Lot Width (feet) | Maximum Lot Coverage (percent) | Minimum Building Setbacks | |||
|---|---|---|---|---|---|---|---|---|
Front (feet) | One Side (feet) | Both Sides (feet) | Rear (feet) | |||||
Single-family detached dwelling | 8,000 | 35 | 60 | 65% | 10 | 6 | 12 | 15 |
Single-family semidetached or two-family dwellings | 6,000 per unit | 35 | 45 per unit | 70% | 10 | 10 | N/A | 15 |
Single-family attached dwellings1 | 2,000 per unit | 35 | 20 per unit | 75% | 10 | 15 (end units) | N/A | 20 |
Multifamily dwellings2 | 4,000 per unit | 35 | 100 | 70% | 10 | 30 | 60 | 354 |
1 | Each row of single-family attached dwellings shall not exceed 6 dwelling units or a length of 200 feet. In cases where there are more than 4 units in a row, the individual units shall have staggering front yard setbacks and rooflines. | |
2 | Where several multifamily dwelling buildings are located on the same lot, the following separation distances shall be provided between each building: | |
a) | Front-to-front, rear-to-rear, or front-to-rear parallel buildings shall have at least 50 feet between the faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by a similar or greater distance at the other end. | |
b) | A minimum yard space of 30 feet shall be provided between end walls and front or rear faces of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the buildings may be reduced to a minimum of 20 feet. | |
All multifamily dwellings shall be set back at least 15 feet from any interior access drive or parking area. | ||
3 | A single-family detached dwelling may be constructed as a zero-lot-line dwelling with no minimum side setback on one side and 12 feet on the opposite side. There shall be a separation between dwellings on adjacent lots of at least 12 feet. | |
4 | Where multifamily dwellings abut common open space to the rear, the minimum required rear yard setback may be reduced to 20 feet. | |
G.
Lot access and traffic control criteria. In a cluster residential development, off-street parking spaces generated by and serving the residential uses and any accessory uses shall be located primarily in rear yards but may be located in side or front yards where rear yards are unavailable or inaccessible. Single-family detached residences are exempted from this requirement.
§ 500-26 Conversion dwelling.
A.
The lot area per dwelling unit shall not be reduced thereby to less than that required for the district in which such lot is situated.
B.
The setback, building coverage, lot coverage, and other applicable requirements shall not be reduced thereby to less than that required for the district in which the lot is located.
C.
No structural alteration of the building exterior shall be made, except as may be necessary for purposes of safety.
D.
Such conversion shall be authorized generally for large buildings that have little economic usefulness as a single-family detached dwelling or for other conforming uses (i.e., barns) erected prior to January 27, 1996.
§ 500-27 Halfway house.
A.
A halfway house must be licensed where required by an appropriate government agency (agencies), and shall be in compliance with all applicable rules and regulations of the licensing body (bodies). A copy of any required license must be delivered to the Township prior to beginning the use.
B.
A halfway house shall be directly affiliated with a parent institution or organization who shall provide full-time supervision and administration to the residents of the house.
C.
A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.
D.
The residents of the halfway house shall reside on-premises to benefit from the services provided.
E.
Necessary permits for water supply and sanitary waste disposal must be obtained.
F.
A minimum of one off-street parking space shall be provided for each three residents of the halfway house.
G.
Each special exception application shall be accompanied by a statement describing the following:
(1)
The character of the halfway house;
(2)
The policies and goals of the halfway house, and the means proposed to accomplish those goals;
(3)
The characteristics of the residents and number of residents to be served;
(4)
The operating methods and procedures to be used; and
(5)
Any other facts relevant to the proposed operation of the halfway house.
H.
Any special exception granted for a halfway house shall be bound to the type and number of offenders listed on the application. Any change in the type or number of offenders being housed shall require a new special exception.
§ 500-28 Mobile home park.
B.
Site area. A minimum site area of five acres shall be provided.
C.
Density. The base density of a mobile home park shall be the same as the district in which located.
D.
Mobile home lot size. Each mobile home shall be placed on an individually designated lot whether such lot is intended for sale or rent. Each lot shall be at least 10,000 square feet in area, have a minimum lot width of 50 feet, have front and rear setbacks of not less than 25 feet each and have side setbacks of 15 feet each. Such setback shall be measured from the perimeter of the mobile home stand to the adjacent mobile home lot line.
E.
Stands. Each mobile home lot shall be provided with:
(1)
A hard-surfaced mobile home stand not less than 600 square feet in area.
(2)
A foundation, skirting, ventilation, and utility connections which meet the then current NCSBCS Standards for Manufactured Home Installations, published by the National Conference of States on Building Codes and Standards, Inc., Herndon, VA.
(3)
A space of at least 12 inches between the lowest mainframe member of the mobile home and the mobile home stand itself, to be enclosed with skirting to conceal all supports, tie-downs, and utility connections, and to be provided with both a vapor barrier and adequate ventilation to reduce moisture.
F.
Recreation space. Recreation space shall be provided in each mobile home park. Each such space shall be at least 5,000 square feet in size, and the total space provided shall be 500 square feet per mobile home lot. Equipping, maintaining, and managing such space shall be the responsibility of the owner of such park.
G.
Access. Each mobile home park shall abut and provide direct access to an arterial or collector street. No individual mobile home lot, however, shall take direct access from such street.
H.
No space shall be rented except for periods of 30 days or more.
§ 500-29 Multifamily dwelling.
A.
Density. The density shall not exceed two dwelling units per acre.
B.
Building spacing. No two detached buildings shall be closer to one another than the combined height of the two buildings at any two points of comparison.
C.
Floor area. The total habitable floor area shall not be greater than 30% of the lot area.
D.
Yard space. An amount of lot area equal to or more than one and 1.8 times the habitable floor area shall be yard space, unoccupied by both buildings or paved surfaces.
E.
Recreation space. Within the required yard space, a portion of the total lot area equal to 0.15 times the habitable floor area shall be assigned and developed for active recreation usage. Any space designated for recreation shall be suitably improved and equipped by the developer and subsequently maintained by the owner.
F.
Building size. No multifamily building or group of attached buildings shall have a single facade which has a length-to-height ratio greater than 5:1.
G.
Site design. The layout and design shall be consistent with current principles and practices of modern site planning and development. In accordance with Section 503(5) of the Pennsylvania Municipalities Planning Code,[1] the Township reserves the right to alter site plans which do not conform with such principles and practices or which do not meet the design provisions of Chapter 425, Subdivision and Land Development.
[1]
Editor's Note: See 53 P.S. § 10503(5).
§ 500-30 Single-family attached dwelling.
§ 500-31 Village Residential Development (VRD).
A.
Purpose. This section seeks to provide landowners with an option to develop a village-type setting that is characteristic of many boroughs and villages throughout York County, within the ROS-zoned areas of the Township. As such, the intent is to encourage innovative, mixed-use developments, to encourage a more efficient use of land, and to promote a strong sense of community through the establishment of design standards which are considered vital to achieving a village atmosphere. Commercial and office uses shall be limited to basic convenience goods and services that residents are likely to need on a daily or regular basis and which will preserve the intended community character of the development. In addition, multiple-tenant/use buildings and buildings with a mixture of residential and nonresidential uses shall be encouraged. Commercial and office uses must be located close to the community green, and the size of such use shall be limited to prevent establishment of intensive nonresidential uses that exceed the local orientation of the VRD or the rural character of the Township. Rural character in a VRD is exemplified by protection of open space and utilization of architectural standards which are compatible with the existing structures in the Township.
B.
Relationship to other ordinances and sections of this chapter.
(1)
The provisions of this section create a conditional use which may be applied to lands within the ROS District. The conditional use shall require approval by the Board of Supervisors in accordance with § 500-129 of this chapter and written acceptance by the landowner of all requirements of this section, as well as any valid conditions of approval attached by the Board of Supervisors. The requirements set forth in the following subsections shall be used as the specific criteria for evaluating approval of any conditional use request for a VRD.
(2)
Such conditional use establishes different land use and design requirements from those contained in other sections of this chapter. To the extent the regulations within this section differ (are more, or less, restrictive) from regulations set forth in other sections of this chapter, those within this section shall govern. However, all other provisions of this chapter and any other ordinances of the Township shall remain in full force.
C.
Site size. A minimum site size of 200 contiguous acres shall be required. The majority of the site must be zoned ROS, but a portion of the site may be zoned R or VC.
D.
Permitted uses. The uses listed below shall be permitted within a VRD and shall be approved as part of the overall approval of the VRD. However, any provisions set forth in this article, as well as other articles of this chapter, for a particular use shall continue to be applicable (e.g., environmental regulations, sign regulations, and off-street parking).
(1)
All principal uses permitted by § 500-11B of this chapter shall be permitted within a VRD, with the exception of the kennel use.
(2)
In addition to the principal residential uses permitted by § 500-11B of this chapter, single-family semidetached, single-family attached, two-family, and multifamily dwellings shall be permitted.
(3)
Principal office uses to be permitted shall include the following: business office, financial office, health service office, professional office, and public service office.
(4)
Principal commercial uses shall include the following: personal service business, repair service business, restaurant (sit-down only), retail service business, and village inn.
(5)
In addition to the principal institutional, social, and/or recreational uses permitted by § 500-11B of this chapter, a private social club shall be permitted.
(6)
In addition to the accessory uses permitted by § 500-11B of this chapter, an accessory dwelling unit, a dwelling unit in combination with a principal office or commercial use, and a parking lot shall be permitted accessory uses.
(7)
In addition to the principal residential uses permitted above, village storefront dwellings shall be permitted as a principal use.
(8)
Multiple-tenant/use buildings. Multiple-tenant/use buildings are encouraged inside the VRD. Commercial, office, institutional and/or residential uses may be combined into a single structure and multiple tenants of the same use type or different use types may combine into a single structure to encourage creative design and clustering.
(9)
Principal commercial and office uses and multiple-tenant/use building. This section does not apply to a golf course clubhouse, village inn, church, or other community or civic building.
(a)
Building size. No single structure can be greater than 16,000 square feet, unless granted by special exception. A structure that is greater than 16,000 square feet may be permitted by special exception with the following conditions:
[1]
A maximum of 30,000 square feet is permitted.
[2]
A reason for the increased size is to accommodate ADA access requirements.
[3]
A maximum of 15,000 square feet is permitted on the ground floor.
[4]
A maximum of three stories in permitted.
[5]
A minimum of three tenants is required.
[6]
The structure shall not have a single building appearance but shall have the exterior appearance consistent with village-type buildings in the surrounding area.
(b)
Maximum floor area. Each principal office or commercial use, excluding a village inn, shall be limited to a maximum floor area of 4,000 square feet, excluding any area devoted to an accessory dwelling unit established in combination with the use. However, each retail use is limited to 2,500 square feet of gross area used or intended to be used for servicing customers. Principal office uses (not commercial uses) larger than 4,000 square feet are permitted by special exception, up to a maximum of 8,000 square feet, pursuant to the criteria for this special exception set out in § 500-13D(7)(a) of this chapter.
(c)
Access. Commercial and office uses shall be accessible only from the internal streets of the VRD.
E.
Required utilities. All proposed uses within a VRD shall be connected to and served by both a central sanitary sewer system and either a public water supply system or an unregulated water supply system.
F.
Common open space. A minimum of 50% of the site must be designated as common open space. Common open space shall be deed restricted to prohibit future subdivision or development, except for recreational and/or natural environmental preservation, including agricultural purposes. The uses authorized must be appropriate to the character of the common open space, including topography, size, and vegetation; as well as to the character of the development, including its size and density, the characteristics of the expected population, and the number and type of dwellings to be provided. If a golf course, meeting the requirements of § 500-36 of this chapter, is developed in conjunction with the VRD, the pervious portion of the golf course can be designated as limited open space. For purposes of this section, one acre of limited open space equates to one acre of common open space.
(1)
Community green. Each VRD shall be designed to have one primary internal open space which shall be considered as part of the common open space requirement and which shall be referred to as the "community green." The community green shall have a minimum area of one acre for a VRD with a gross site area of 200 acres. For each acre of gross site area over 200 acres, an additional 200 square feet of community green must be provided, up to a maximum of two acres. The community green shall be centrally located and shall be a community focus for the development.
(2)
Remaining common open space.
(a)
The remaining areas designated as common open space shall form a unified system of compact, not scattered, open space. In addition, all common open space shall be accessible from a public street or a public pedestrian path system.
(b)
The pedestrian path system shall be connected to any pedestrian path system on an adjacent property or, where the adjacent property is undeveloped and located in an ROS, R, or VC District, the system shall be designed so that it can be connected when that parcel is developed.
(c)
If two or more common open space areas are proposed, the developer must design and construct a linear pedestrian path system that connects the common open space areas and fully integrates the developed areas of the site with the common open space areas. Pedestrian paths shall be designed in accordance with the requirements of § 500-42B of Chapter 425, Subdivision and Land Development, of the Code of Springfield Township.
(3)
Delineation of common open space. The delineation of common open space shall be in accordance with the requirements of § 500-25D(1) of this chapter.
(4)
Ownership, and maintenance of common open space. The ownership and maintenance of the common open space shall be in accordance with the requirements of § 500-25D(2) of this chapter.
G.
Density requirement.
(1)
Residential density:
(a)
Residential base density:
[1]
ROS-zoned land. The residential base density derived from the Residential Open Space District shall be one dwelling unit per acre, the same as the residential base density in the ROS District.
[2]
R-zoned land. The residential base density derived from the Residential District shall not exceed two dwelling units per acre. This density may be allocated throughout the VRD.
[3]
VC-zoned land. The residential base density derived from the Village Center District shall not exceed two dwelling units per acre. This density may be allocated throughout the VRD.
(b)
With transferred development rights. In cases where the developer has acquired transferred development rights in accordance with the requirements of Article V of this chapter, the maximum density on the gross area of the site may be increased to 1.2 dwelling units per acre. For each three dwelling units, or portion thereof, proposed in excess of the number permitted by the gross density of one dwelling unit per acre, the developer shall acquire one transferred development right.
(c)
Net density. The maximum permitted density on the developed land (gross site acreage less common open space acreage) or net density shall be computed by using the applicable line on the open space/density graph set forth in § 500-25F(5) of this chapter. Any fraction of common open space proposed shall not be considered in determining the resulting net density permitted; e.g., if 36.7% common open space is proposed, only 36% shall be used to determine the net density permitted.
(2)
Principal commercial and office density:
(a)
Principal commercial and office base density. The base density for principal commercial and office uses shall not exceed 10 square feet of floor area per residential unit. Any principal commercial or office density derived from the VC area does not count in this calculation. In addition, accessory golf course commercial uses (e.g., driving range, putting green), as permitted by § 500-36D, shall not count toward the commercial/office density.
(b)
Principal commercial and office density derived from VC. If VC-zoned land is incorporated into a VRD, each acre of VC, from which commercial/office density is derived, shall:
(c)
Transferable development rights (TDR). TDRs may be used to increase the total amount of commercial space otherwise permissible if the Board of Supervisors decides to encourage more commercial space inside the VRD in exchange for purchase of TDRs. For each TDR acquired and applied, in accordance with the requirements of Article V of this chapter, an additional 4,000 square feet of floor area may be used for commercial and office uses. However, the maximum increase of square footage via TDRs is limited to 1/3 of the square footage allowed without TDRs.
H.
Land use allocation: required mixture of uses.
(1)
Principal residential uses. A variety of dwelling types dispersed unclustered throughout the VRD shall be provided in the VRD and planned to facilitate community and open space. The mix of dwelling types shall be in accordance with the following:
(a)
Basic percentage range for different residential unit types:
[1]
Single-family detached dwellings shall range from 25% to 90%.
[2]
Single-family semidetached dwellings shall range from 0% to 35%;
[3]
Two-family dwellings shall range from 0% to 35%;
[4]
Multifamily dwellings shall range from 0% to 45%;
[5]
Single-family attached dwellings shall range from 0% to 55%; and
[6]
Village storefront dwellings shall range from 0% to 15% of the total residential units permitted within the VRD.
(b)
Single-family detached dwellings. The number of single-family detached dwellings shall range from a minimum of 50% to a maximum of 90%. However, this minimum may be incrementally decreased from 50% to 25% if additional common open space is provided at the ratio of 4,356 square feet (approximately 1/10 of an acre) per additional dwelling unit of non-single-family detached dwelling type below the 50% otherwise permitted.
(c)
Mix of dwelling types. At least three different types of residential dwellings, not including single-family detached dwellings, must be used, including two-family, multifamily and single-family attached dwellings.
(d)
Village storefront dwellings. These dwellings may be of any residential type otherwise permitted in the VRD. Village storefront dwellings (VSDs) are considered residential uses only, and no commercial or office space shall be attributed for such uses. VSDs are permitted only within a VRD. Such uses shall be permitted by special exception only and are subject to the following conditions:
[1]
A VSD occupier of this use must rent or own the entire village storefront dwelling and utilize this structure as his or her primary residence.
[2]
No outside storage is permitted.
[3]
Only lightweight truck delivery vehicles are permitted (two axles).
[4]
No loading docks are permitted.
[5]
Signage shall be limited to eight square feet, being uniform throughout the VRD, and shall only be indirectly illuminated.
[6]
This use shall be carried on entirely within the principal building, and shall be conjunctively secondary to the use of the dwelling for residential purposes.
[7]
The VSD shall be constructed with appropriate architectural features for harmonious window display, patron access, emergency exit and safety. Village storefront dwellings can be mixed and integrated with dwelling units, as well as with the institutional, social and recreational uses. However, the greatest concentration of these dwellings, measured in terms of square footage or floor area, shall be located within one block of the community green.
[8]
Nonresidential use of a VSD shall be limited to 1,000 square feet of floor space on the first floor of the dwelling unit only.
(2)
Principal commercial and office uses.
(a)
The commercial and office density derived from the VC-zoned land may be relocated into another district within the Village Residential Development subject to approval of the Board of Supervisors, as a conditional use, based on the following criteria:
[3]
The total office and commercial density derived from the VC-zoned land and relocated to another part of the VRD shall be no greater than the area contained in the original VC Zone.
[4]
If the office and commercial density is relocated, all office and commercial use is lost as to the VC-zoned land in the VRD, and all usage as VC Zone is lost as to the amount of area relocated from the VC Zone.
[5]
The following general standards shall be considered by the Board of Supervisors: compatibility, purpose, suitability, accessibility, serviceability, and applicability, as defined in § 500-129B of this chapter.
[6]
The area designated VC Zone office and commercial density, via a relocation of the VC-zoned land use of office and commercial, shall be subject to and meet all other applicable provisions of the VC Zone.
(b)
Multifamily dwellings may be located in structures containing principal commercial and/or office uses.
J.
Lot access and traffic control criteria. In addition to the requirements for motor vehicle access contained in § 500-111 of this chapter, the design, construction, and improvement of any lot within the VRD shall, in addition to all other requirements for land development, meet the requirements for lot access and traffic control set forth in § 500-13E(1) through (4) of this chapter. In interpreting the requirements of § 500-13E(1) through (4), the words "Village Residential Development" shall be substituted for the words "Village Center District(s)." However, in a VRD, off-street parking spaces for nonresidential uses shall be located primarily in rear yards but may be located in side yards where rear yards are unavailable or inaccessible.
K.
Architectural considerations. Buildings within a VRD should generally relate in scale to the surrounding buildings in the Township and in the adjacent Boroughs of Jacobus and Loganville. It is also expected that the architectural treatments and styles used throughout the development will complement the Township's rural character.
L.
Land development plans. If any use proposed in a VRD will require the subsequent filing and approval of a land development plan in accordance with the requirements of Chapter 425, Subdivision and Land Development, such plan shall not be filed until the final subdivision plan for the VRD, or for the applicable phase of the VRD, has been approved and recorded. Land development plans for any proposed principal commercial or office use shall include a note which specifies the following information:
(1)
The amount of floor area for principal commercial and/or office uses approved on the recorded final subdivision plan for the VRD, or applicable phase of the VRD.
(2)
The amount of floor area for principal commercial and/or office uses that has been used to date.
(3)
The amount of floor area for principal commercial and/or office uses proposed to be used per the current land development plan.
(4)
The amount of floor area for principal commercial and/or office uses that will remain after approval of the current land development plan.
M.
Parking. All parking in the VRD shall be only in the rear of structures the parking serves.
§ 500-32 Conservation easement residential dwelling.
It is the purpose of this section to recognize the substantial benefit to the Township, its residents and the community at large of the relinquishment of an owner's right to maximally develop his/her land beyond development contemplated in, and specifically referenced to in, a deed of conservation easement and located within an area determined to be a conservation easement area as defined in § 500-7 hereof.
A.
Residential dwellings shall be only single-family detached dwellings and, if qualified, an accessory dwelling unit as defined in § 500-69B.
B.
This use shall be allowed only with the Board of Supervisors granting of a conditional use pursuant to § 500-129 of this chapter and allowing certain waiver(s) to this chapter and/or Chapter 425, Subdivision and Land Development, as deemed to be in the interest of good planning by the Board of Supervisors.
C.
A waiver may be granted, in the sole discretion of the Board of Supervisors, upon showing by the applicant that the health, safety and welfare of the area involved is not adversely effected as to potential occupants or the community. Waivers allowed may include, but are not limited to, the following:
(1)
Lot size.
(2)
Lot configuration and/or lot line lengths.
(3)
Setback lines.
(4)
Public street or road frontage requirements.
(5)
Density per this chapter.
(6)
A single driveway serving only one residence.
(7)
Any other reasonable waiver of the provisions of this chapter and/or Chapter 425, Subdivision and Land Development, will be considered if requested by the landowner or developer and is shown to have a reasonable basis in fact and is not contrary to the stated purposes or the zone(s) wherein it is located.
D.
To qualify as a conservation easement residential dwelling use, any conservation easement area shall be a least 50 contiguous acres subject to the conservation easement and held in single ownership.
F.
The conservation easement proposed must, prior to the effectiveness of the conditional use, be accepted and validly recorded in the office of the Recorder of Deeds of York County, Pennsylvania by a qualified nonprofit organization under the Internal Revenue Code to receive, hold and maintain such conservation easement(s). If the conservation easement is not accepted by a qualified nonprofit organization, any proceeding for a conditional use hereunder shall terminate and the application deemed to be withdrawn; any conditional use granted shall be ineffective and invalid until acceptance and recordation as referenced.
G.
Any conditional use granted shall run with the land and be valid only as long as the conservation easement is not extinguished.
H.
Any conditional use allowed hereunder shall bind the present owner and all subsequent owners of the property to the conditional use and any reasonable conditions attached thereto, in perpetuity.
I.
Prior to the conditional use being considered and/or granted, the applicant shall submit a subdivision plan or a land development plan which clearly shows the following:
(1)
Any building lot or building envelope and the proposed use on such lot or envelope.
(2)
Access road minimum standards: twelve-foot paved lane, two-inch binder, two-inch top, stone base consistent with Township standards all centered on a thirty-foot cleared width, no building or trees being allowed within such thirty-foot cleared width and adequate design to accommodate emergency vehicles. The Board of Supervisors may waive the thirty-foot-cleared-width requirement if it determines proper maintenance of mature trees will not interfere with safe accommodations of emergency vehicles.
(3)
Any Springfield Township Zoning Ordinance waivers requested.
(5)
A declaration of all building lots or envelopes to be accessed by any road.
(6)
Address any and all health, safety and welfare issues apparent to the proposed access road and its potential use.
(7)
The use to be made of the area and its consistency with both this chapter and that area's specific conservation easement standards.
(8)
Each new proposal for building shall generate an updated subdivision and land development plan showing the actual building lot or building envelope, the use to be made thereof and projected occupancy, such final lot not to be less than the acreage required in that zone.
(9)
Notice of the nature and binding effect of such conditional use on all owners, present and future.
(10)
If an accessory dwelling unit is shown or projected, the plan shall state such unit may never be used in violation of § 500-69B of this chapter.
(11)
An accessory dwelling, if proposed, its location, use and number of potential occupants provided accessory dwellings are not permitted in a conservation easement area of less than 100 contiguous acres.
J.
Accessory dwellings may not be located on a designated final building lot or final building envelope of less than eight acres and may only be occupied by the owner(s); in-laws of one degree of consanguinity, immediate family or employees working only on the specified lot or envelope, including but not limited to caretaker, maid, nanny or similar occupations dealing with and performed only on or at the principal resident dwelling house and/or lot.
K.
Density shall never be greater than one unit per every 30 acres being based on the total acres and utilizing one dwelling unit per existing dwellings and one dwelling unit per an accessory dwelling unit unless § 500-69B is applicable or waived.
L.
Interior access drives.
(1)
Private driveways may serve more than one dwelling.
(2)
Construction and dimensions [see § 500-32I(2)].
(3)
Any transfers from single ownership will require strict compliance of Township road standards or strict compliance and acceptance of a private drive agreement addressing rights and obligations for maintenance and use of all lot owners served by the driveway which must be presented to and approved by the Board of Supervisors in reviewing the conditional use and thereafter recorded with the Plan approved by the Board of Supervisors.
INSTITUTIONAL, SOCIAL, AND RECREATIONAL USES
§ 500-33 Cemetery.
§ 500-34 Church.
A.
The minimum lot size shall be two acres.
B.
Permitted accessory uses to a church and conducted upon the same lot may be day-care centers, preschools or kindergartens, church administrative offices, church recreational facilities, counseling offices, cemeteries, and no other. Other activities sometimes associated with a church, such as elderly housing, shall be considered principal uses and permitted on their own and only if the district in which such use is proposed so permits.
C.
A church shall be permitted in A Districts by special exception of the Zoning Hearing Board, providing the following additional criteria are met:
§ 500-35 Day-care center.
A.
Day-care centers may be located in any zoning district when located on the same site with a sponsoring institutional or employment use; however, independent day-care centers not meeting this requirement shall be located only in ROS, HC, CI, and I Districts.
B.
Sixty-five square feet of activity or play area shall be provided for each person receiving day care; such space may be indoors or out.
C.
Outdoor activity areas shall be sufficiently fenced, screened, and buffered to protect both the persons cared for and the neighborhood at large from excessive noise and disturbance.
D.
The day-care center must be licensed by the Pennsylvania Department of Human Services, prior to occupancy approval by the Township, and furthermore, such license must at all times be kept current.
§ 500-36 Golf course.
A.
The minimum lot size shall be 200 acres.
B.
All golf course buildings shall be set back at least 75 feet from any adjoining streets and at least 100 feet from any adjoining residential structures.
C.
In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway. In addition, the golf course design shall minimize golf path crossings of streets, access drives, and driveways.
D.
A golf course may include the following accessory uses:
(1)
A clubhouse, which may consist of a pro shop, administrative office(s), restaurant, snack bar, banquet facility, game room, and/or child-care room. A restaurant shall be limited to a seating capacity of 100, and a banquet facility shall be limited to a seating capacity of 200.
(2)
Golf cart and maintenance equipment storage and service facilities.
(3)
Practice putting greens.
(4)
Driving range, provided that no outdoor lighting is utilized.
(5)
Picnic pavilion.
(6)
Hiking/biking trails.
E.
No outdoor storage of maintenance equipment and/or golf carts shall be permitted.
§ 500-37 Licensed hospital.
A.
The minimum lot area shall be two acres.
B.
Direct access to an arterial or collector road shall be provided.
C.
Hospitals shall be registered and licensed by the Commonwealth of Pennsylvania and shall be in compliance with all applicable rules and regulations of such licensing bodies.
D.
Necessary permits regarding water supply and sanitary waste disposal must be obtained and strictly adhered to.
E.
No building shall be located closer than 100 feet to any lot line.
§ 500-38 Miniature racing or go-cart track.
A.
The minimum lot area shall be two acres.
B.
The site and/or the individual tracks shall be fenced to prevent unauthorized entrance, as well as for safety purposes.
C.
The facility shall only be operated between the hours of 9:00 a.m. and 11:00 p.m.
D.
Sufficient screening and/or landscaping shall be provided to mitigate any visual and/or audible impacts on adjoining properties.
E.
The facility shall comply with all applicable federal, state, and local regulations, including, but not limited to, those pertaining to the use and storage of fuel, oil, and other related products and the operation of motorized vehicles.
§ 500-39 Nursing home.
§ 500-40 Outdoor trap, skeet, rifle, pistol, or archery range.
A.
Lot area: five acres minimum.
B.
Lot width: 300 feet minimum.
C.
Adjacent areas must be predominantly undeveloped and the range area must be at least 200 feet from any property or street line. The use must also be located at least 1,000 feet from any existing residential dwelling that is not on the same property.
D.
Except for trap and skeet ranges, an earthen-background berm must be provided within 20 feet of the farthest target post to prevent wild or ricochetting bullets or wild or stray arrows. Such berm shall have a slope of not less than one vertical to two horizontal and must extend at least eight feet above the ground level of the highest target. The crest of the berm at the eight-foot-minimum height limit shall be at least four feet in width as measured between the wall of the berm facing the range and the opposite wall.
E.
Earthen side berms must be provided immediately adjacent to the range and shall extend from the firing line to the background berm. The side berms shall meet the same design qualifications as set forth for background berms in Subsection D of this section.
F.
For ranges involving firearms, only targets mounted on target posts shall be permitted; no targets of any kind shall be set directly on the ground.
G.
No target shall extend above six feet in height or be located so that the trajectory from the firing line to the target would cause a projectile to exceed the height of the berm required in Subsection D of this section.
H.
Warning signs must be posted at least 10 feet from the outside of the berms.
I.
The firing range shall be free of gravel and other hard surface materials and be adequately drained.
J.
An alternative barrier, whether natural or man-made, which duplicates the effect of the required berms may be substituted if approved by the Zoning Hearing Board.
K.
Adult supervision must be provided for children under 16 years of age.
M.
The operator and owner shall comply with all federal and state and gun possession, ownership and safety laws and regulations as promulgated from time to time.
§ 500-41 Recreational vehicle park.
B.
Use of any recreational vehicle as a permanent residence within any recreation vehicle park shall be prohibited.
C.
The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be 10.
D.
There shall be a maximum of 12 recreational vehicles per acre of lot area in any recreational vehicle park.
E.
A stand upon which to place each recreational vehicle shall be provided. As used herein, a "stand" is defined as a suitable, hard-surface area at least 300 square feet in size.
F.
Each recreational vehicle stand shall meet minimum yard requirements along exterior lot lines; also, no vehicle stand shall be located less than 30 feet from any other vehicle stand, building, accessway, or parking area (other than that provided for the subject recreational and tow vehicles).
G.
Provisions shall be made for the parking of tow vehicles.
H.
Electrical service shall be subject to any local ordinances and the regulations of the Public Utility Commission.
I.
Applicable provisions of the Pennsylvania Department of Environmental Protection regulations regarding recreational vehicle parks shall be met.
J.
Access roads for towing vehicles or motor homes shall be provided with an all-weather surface.
§ 500-42 Retirement village.
A.
A public or unregulated water supply system and a central sanitary sewer system must be provided and the necessary water and sewer permits must be obtained.
B.
All related support services shall be designed and constructed integrally with and managed as part of the retirement village. There shall be no signs or other evidence of such uses evident to adjacent parcels. Delivery facilities to such services and shops shall be separated and screened from the normal pedestrian circulation routes in the retirement village.
C.
The number of independent living units (dwelling units) shall not exceed the base density of the zoning district in which located. For an independent living unit to be considered as a dwelling unit and be counted toward the base density, it must contain all four of the dwelling unit required facilities (i.e. cooking, living, sanitary, and sleeping facilities) in accordance with the definition of "dwelling unit" as set forth in § 500-7 of this chapter.
D.
Required off-street parking.
E.
Buildings, other than dwelling units, shall be located at least 100 feet from any lot line. Dwelling units must meet the setback requirements for the ROS District.
F.
Exterior illumination shall be provided for the safety and convenience of residents and their guests and employees. Such lighting shall be placed so as not to cause glare or reflections on neighboring properties or public streets.
G.
Vehicular access drives shall be separated from pedestrian walks.
§ 500-43 School.
§ 500-44 Veterinary office or animal hospital.
A.
If only small animals are to be treated (dogs, cats, birds and the like), such hospital or office shall have a minimum lot area as specified in Article III of this chapter for the district in which it is located.
B.
If large animals are to be treated (cows, horses, pigs and the like), such office or hospital may be located only in an A District and shall have a minimum lot size of five acres.
COMMERCIAL USES
§ 500-45 Adult entertainment facilities.
A.
In passing upon a special exception application for an adult entertainment facility, the Zoning Hearing Board shall require the following:
(1)
Adult entertainment facilities shall be permitted only in the Industrial (I) District.
(2)
Adult entertainment facilities shall not be permitted to be located within 1,000 feet of either other adult entertainment facilities or of any public or private school, child day-care center, nursery school, public recreation facility, any church or other house of worship, or any interstate highway exchange, entrance and/or exit ramps.
(3)
No materials, merchandise, film, videotape, or any other item offered for sale, rent, lease, loan, or view upon the premises, or advertising same, shall be exhibited, displayed, or visible outside of the building or structure.
(4)
Any building or structure used or occupied as an adult entertainment facility shall be windowless or have an opaque covering over all windows or doors, or any area in which materials, merchandise, film, or persons could otherwise be visible from outside the building or structure.
(5)
No sign shall be erected or placed upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, videotape, or entertainment offered therein.
(6)
Each entrance to the premises shall be posted with a notice of at least four square feet, specifying that the structure is an adult entertainment facility, and that persons under the age of 18 years are not permitted to enter therein, and warning all other persons that the building contains sexually explicit material.
(7)
The applicant, if an individual, must be at least 18 years of age. If the applicant is other than an individual, the applicant must provide the names and addresses of all partners, corporate officers, or any individual who has an interest of 10% or greater in the business.
(8)
The applicant must provide a sketch or diagram showing the floor plan of the premises, including the total floor space, and the location of the building on the lot.
(9)
The adult entertainment facility shall comply with all other Township ordinances or federal, state, or county requirements.
B.
Once a special exception has been granted by the Zoning Hearing Board, or applicant shall apply to the Zoning Officer for a permit.
C.
Issuance of permit. The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application which complies with Subsection B, above, unless he or she finds one or more of the following:
(1)
An applicant is under the age of 18 years.
(2)
An applicant or his or her spouse is overdue in their payment to the Township of taxes, fees, fines, or penalties assessed against him or her in relation to an adult entertainment facility, or the property on which it is or is to be located.
(3)
An applicant has failed to provide information reasonably necessary for the issuance of the permit, or has falsely answered any question or request for information on the application form.
(4)
An applicant is residing with or married to a person who has been denied a permit by the Township to operate an adult entertainment facility within the preceding 12 months, or is residing with a person who is licensed to operate an adult entertainment facility has been revoked within the preceding 12 months.
(5)
The premises to be used for the adult entertainment facility is not in full compliance with this chapter or any other ordinance of the Township.
(6)
The permit fee required by this chapter has not been paid.
(7)
An applicant of the opposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
(8)
An individual applicant or any individual holding a direct or indirect interest of more than 10% of a corporate applicant, or any of the officers or directors of a corporate applicant, or any of the partners, including limited partners of a partnership, or the manager or other person in charge of the operation of the business, has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including, but not limited to, prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania within two years of the date of the application in the event of a misdemeanor, and within five years of the date of an application in the event of a felony.
(9)
The proposed activities violate any federal or state law regarding sexual conduct, sexually explicit nudity, obscenity, or pornography.
(10)
If the Zoning Officer or Codes Enforcement Officer denies a license, or denies the renewal of a license, the applicant shall not be issued a permit for one year from the date of denial, except that the applicant can reapply after he or she has corrected or cured the defects which caused the denial.
D.
A permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult entertainment facility. The permit shall be posted in a conspicuous place at or near the entrance to the adult entertainment facility so that it may easily be read at any time.
E.
Each permit shall be for a period of one year, and shall be renewable on an annual basis, and shall be renewable only upon application by the applicant, and must at the time of application comply with all of the conditions of this section.
F.
The applicant shall pay an annual fee for the adult entertainment facility in an amount set by resolution of the Board of Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Inspection. An applicant or permittee shall permit representatives of the Township, including the Zoning Officer, Codes Enforcement Officer, or other designated Township officials, and members representative of the police department serving the Township, to inspect the premises of an adult entertainment facility for the purpose of ensuring compliance with this chapter and the law at any time that the adult entertainment facility is occupied and open for business. A failure or refusal to permit such inspection shall be the basis for revocation or suspension of the permit and shall constitute a violation of this chapter.
H.
Suspension or revocation of permit.
(1)
The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he determines that a permittee or an employee of a permittee has:
(a)
Violated or is not in compliance with any section of this chapter;
(b)
Engaged in excessive use of alcoholic beverages while on the adult entertainment facility's premises;
(c)
Refused to allow an inspection of the adult entertainment facility premises as permitted by this chapter;
(d)
Knowingly permitted gambling by any person on the adult entertainment facility premises.
(2)
Revocation of permits. The Zoning Officer or shall revoke a permit if he or she determines that a permittee or an employee of a permittee has:
(a)
Been arrested for or charged with violating any law of the Commonwealth of Pennsylvania relating to sexual conduct, sexually explicit nudity, obscene material, or pornography, or the Liquor Code,[1] or the Pennsylvania Crimes Code[2] relating to gambling, on the premises of the adult entertainment facility.
(b)
Such revocation shall be rescinded and the permit shall be reinstated in the event that the permittee or employee of a permittee is adjudicated or adjudged not guilty of such offense, or is placed in the accelerated rehabilitative disposition program.
(c)
A permit shall be revoked if a cause for suspension occurs and the permit has been suspended or revoked within the preceding 12 months.
(e)
A revocation shall continue for one year, and the permittee shall not be issued an adult entertainment facility permit for one year from the date revocation became effective, except in the case of a revocation for conviction of a misdemeanor as described in Subsection C(8), in which case the revocation shall be effective for two years, or a felony, as set out in Subsection C(8), in which case the revocation shall be for five years.
I.
Remedies. In addition to remedies for violation of this chapter, a person who operates or causes to be operated an adult entertainment facility without a valid permit or in violation of this chapter may be subject to an action in equity or a suit for injunction, or such other actions as shall be permitted by law, at the discretion of the Township.
§ 500-46 Agricultural equipment and machinery sales and/or service facility.
A.
The owner or other person having primary interest in the facility shall reside on the same parcel of land therewith.
B.
Unless cause is shown to the contrary and specific limitations are set, the facility shall be established within a building in existence on January 27, 1996.
C.
The area devoted to the use shall not exceed five acres or 10% of the lot area, whichever is less.
D.
No unenclosed storage of parts, supplies, equipment, or machinery that, because of age or condition, is inoperable shall be permitted. Storage of such items shall be either within a building or in an area to the side or rear of the principal building enclosed by a six-foot-high fence and screened from adjoining properties. No materials may be stored so as to create a fire hazard.
E.
A minimum of one off-street parking space shall be provided for each 400 square feet of gross floor area.
§ 500-47 Automotive repair garage.
§ 500-48 Automotive sales facility.
§ 500-49 Business complex.
A.
A business complex shall be permitted in a VC or HC District subject to the requirements of the district in which located, except as herein modified, and provided:
(1)
A maximum of four uses listed as either a permitted principal office or commercial use in the district in which located may be established in a business complex.
(2)
The uses must be established either within a single detached building or within a building comprised of a row of attached units. If attached units are utilized, the maximum length of the building shall be 200 feet.
B.
Parking. The total number of off-street parking spaces required shall be equal to the sum of the minimum number of spaces required for each of the individual uses to be established within the business complex as set forth in § 500-107D and E of this chapter. However, the number of required spaces may be reduced below this total only as a special exception under Article XI of this chapter, if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses within the business complex.
C.
Signs. Signs are permitted in accordance with the following:
(1)
One freestanding or one parallel business sign, per street frontage, shall be permitted for the business complex. The aggregate area of any such sign(s) shall not exceed 10 square feet, and the maximum height of any freestanding sign shall not exceed 10 feet. (The individual office and commercial uses within the complex are prohibited from having individual freestanding signs.)
(2)
When the individual uses within the complex are located in a single detached building, one additional parallel business sign, identifying the occupants of the complex, shall be permitted. This sign shall not exceed four square feet in area, with each occupant limited to one square foot.
(3)
When the individual uses are located in attached units, each use shall be permitted to have one parallel business sign, with an area not to exceed five square feet, in addition to the business sign for the complex itself.
(4)
A parallel business sign in the VC District shall also meet the requirements of § 500-104A(4) of this chapter and in the HC District shall also meet the requirements of § 500-105A(2) of this chapter.
(6)
Only nonilluminated and indirectly illuminated signs shall be permitted.
§ 500-50 Commercial entertainment facility.
A.
Public recreation facilities shall be permitted in the Residential Open Space (ROS), Conservation (C), Residential (R), Village Center (VC) and Highway Commercial (HC) Districts.
B.
All other outdoor facilities and bowling alleys shall be limited to the HC District.
C.
All commercial entertainment facilities shall be allowed only by special exception in VC and HC Districts, and must comply with the performance standards contained in Article VII of this chapter.
D.
All commercial entertainment facilities must comply with Chapter 276, Lighting, Outdoor, as amended.
F.
Parking requirements shall comply with § 500-107C(10) of this chapter.
§ 500-51 Gasoline service station.
A.
All activities, except those required to be performed at the fuel pumps, shall be performed within a completely enclosed building.
B.
Fuel pumps may be located within the front yard but shall be at least 25 feet from any street line. All fuel or oil tanks shall be located in accordance with laws of the commonwealth, but in no case shall any aboveground tank be located in any required yard area.
C.
All automobile parts, dismantled vehicles, and similar articles shall be stored within a building; the demolishing or junking of automobiles, however, is prohibited.
§ 500-52 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,[1] 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.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
B. ACT COMMERCIAL DEPARTMENT OF HEALTH DISPENSARY DISPENSARY FACILITY FACILITY GROWER/PROCESSOR GROWER/PROCESSOR FACILITY INDUSTRIAL MEDICAL MARIJUANA
Definitions. The following definitions shall apply exclusively to this § 500-52:
The Medical Marijuana Act (Act 16 of 2016).[2]
Those uses that require higher intensities of retail business that can accommodate design features that take into consideration motorized and nonmotorized vehicular and pedestrian traffic and parking in a safe, efficient and attractive manner.
The Department of Health of the Commonwealth of Pennsylvania.
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.[3])
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.[4]]
The structure and land necessary for the facility to comply with the requirements of Act 16 of 2016 and this chapter.
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.[5])
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.[6]]
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.
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.
(c)
Shall provide documentation that any connection to public sewer has been approved by the appropriate authority.
(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.
(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.
§ 500-53 Mortuary or funeral home.
A.
In an R District, the lot shall have direct access to an arterial or collector highway as designated in the Township Comprehensive Plan Update.
B.
In an R District, the establishment of a mortuary or funeral home shall be limited generally to large buildings that have little economic usefulness as single-family detached dwellings or other uses for which such buildings were originally designed.
§ 500-54 Motel/hotel.
A.
A minimum lot area of 10 acres shall be provided.
B.
The lot shall have direct access to a collector or arterial highway as designated in the Township Comprehensive Plan Update.
C.
No building shall be located within 100 feet of any street line or property line.
D.
A minimum of 15 guest rooms for overnight guests shall be provided in main hotel building.
E.
Individual guest rooms and suites shall include no facilities for cooking.
§ 500-55 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 floodway or floodplain as determined by the then current Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) maps.
C.
Compliance with Chapter 190, Construction Codes, Uniform, of the Code of Springfield Township for any improvements (this is commercial and includes Fire Code).
D.
Compliance with Chapter 375, Stormwater Management, of the Code of Springfield Township 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.
H.
Parking shall be calculated by the maximum capacity of participants and employees represented by the applicant, and parking for every three 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 tables.
L.
Post a twenty-four-month bond in case Subsection H, above, is not as represented by the applicant or applicant's expert.
M.
Screening and buffering if the structure is within 500 feet of an ROS or R District or a residential structure if the residential structure owner does not waive a shorter distance, in writing.
§ 500-56 Village inn.
A.
A maximum of 15 guest rooms or suites shall be permitted.
B.
No facilities for cooking shall be permitted in the individual rooms or suites.
C.
An accessory restaurant shall be permitted, provided the maximum seating capacity does not exceed 50 persons.
D.
If located in an ROS District, signage shall be in accordance with § 500-103A(7) of this chapter; if located in the VC District, signage shall be in accordance with § 500-104A of this chapter. In addition, the provisions of § 500-102 of this chapter shall be applicable in both districts.
E.
Off-street parking shall be in accordance with § 500-107E(7) of this chapter.
§ 500-57 Mini storage facility.
A.
Any storage at a mini storage facility shall be dead storage being the indoor keeping or maintaining of personal property held and maintained at the facility for no other purpose than to keep and safely maintain the personal property.
B.
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 24 feet wide. Additionally, there shall be one off-street parking space for each 250 square feet, or any part thereof, and two additional spaces if resident manager quarters are provided.
C.
Required parking may not be rented as, or used for, vehicular storage.
D.
All storage shall be kept within an enclosed building. The storage of flammable, highly combustible, explosive or hazardous chemicals, including, but not limited to, gasoline, diesel fuel, paint, paint remover, and other flammable materials, and ammunitions shall be prohibited. If any vehicles are stored in the facility which have fuel tanks containing flammable fuel, such vehicles must be stored only in units with walls, floors and ceilings that are two-hour fire rated.
E.
The repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture, or use of the unit as a workshop is prohibited.
F.
Mini storage units shall be used solely for the dead storage of property. The following are examples of uses which are expressly prohibited upon the site:
(1)
Auctions, commercial, wholesale, or retail sales including garage sales. This subsection shall not prohibit the owner or operator of the mini storage facility from conducting or having conducted auctions for the sole purpose of selling property abandoned by lessees or recovered by the owner or operator from a lessee through a legal process, or as the result of the death of a lessee.
(2)
The servicing, repair or fabrication of any item.
(3)
The operation of power tools or spray painting equipment.
(4)
The establishment of a transfer business.
(5)
Any use or activity that is not merely passive storage.
(6)
Any use that, in the judgment of the Township Enforcement Officer or the owner of the mini storage facility, is noxious because of odors, dust, fumes or vibrations.
G.
All lighting shall be shielded to direct light onto the use as established and away from adjacent property and street rights-of-way and shall comply with Chapter 276, Lighting, Outdoor.
I.
The renting of vehicles on or from the premises shall be prohibited.
J.
No habitation shall be permitted except for a resident manage. If resident manager quarters are provided, the owner shall submit to the Township plans for those quarters, and a separate use and occupancy permit shall be required for those quarters.
K.
The owner or operator of the mini storage facility shall require contracts from all unit users or lessees setting forth all contractual terms and all of the above-applicable regulations and prohibitions.
L.
Notwithstanding any other provisions of this chapter, all mini storage facilities shall be enclosed by a chain-link or other similar security fence at least six feet high, but not to exceed 10 feet overall, which shall be maintained and secured.
UTILITY AND TRANSPORTATION USES
§ 500-58 Airport and/or landing strip.
A.
A minimum lot area of 50 acres is required.
B.
No portion of the area designated or utilized for aircraft takeoff or landing shall be within 2,500 feet of any residential district, including those within adjacent municipalities, nor within 300 feet of any property line.
C.
All federal and state operational and safety requirements shall be scrupulously met.
D.
No commercial aircraft sales, fuel service, maintenance or overhaul activities shall be conducted on the premises.
E.
Any proposed airport or landing strip shall not adversely affect adjoining land uses, the safety of nearby residents or employees, or the future growth and development of the Township.
§ 500-59 Communication facility.
A.
In C, A, ROS, and R Districts, no public business office nor any storage yard or storage building shall be operated in connection with such use.
B.
In the VC District, no storage yard or storage building shall be operated in connection with such use.
D.
The Township encourages the use of existing structures for location of new communication antennas.
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.
§ 500-60 Communication tower.
The following regulations have been enacted to ensure the development of an efficient telecommunications network that will serve both businesses and residents of the Township, with minimal disturbance to the community. The purpose is to protect and preserve the rights of the residents to benefit from natural, scenic, and historic values of the environment, preserve agricultural land, and provide compatible land uses as set forth in the Township Comprehensive Plan.
A.
In the A District, no public business office nor any storage yard or storage building shall be operated in connection with such use.
B.
Communication towers in the A District shall be located in woodland tracts of at least 0.5 acre to provide adequate screening of the structures to adjacent land uses, and monopole construction is mandated to lessen the footprint area disturbed by installations.
C.
Efforts must be made to co-locate antennas on existing towers and structures before new towers are erected.
E.
Communication towers shall not be equipped with lights. Communication towers shall not be located in the vicinity of an existing airport such that the height of the tower requires it to be equipped with lights according to FAA regulations.
F.
Communication towers shall not have advertising, attached signs, or be painted colors other than non-contrast gray.
G.
Communication towers in the A District shall be accessed by way of existing farm lanes. A maximum of 100 linear feet of new access road will be permitted to reach tower sites.
H.
A note will be made on each land development plan proposing a new tower that neither the owner of the land nor the operator of the communication tower will prohibit or cause to prohibit the co-location of additional antennas on the tower.
I.
At the termination of use of towers by the owner, the tower, associated structures and equipment, foundations within four feet of the surface, paving, gravel, fencing and access road or drive shall be removed within one year. A plan shall be prepared for replacement of topsoil and vegetation on the site to match the surrounding area. Such plan shall be prepared by a licensed landscape architect. These removals and renovations are deemed to be improvements in this subsection. Financial security for these improvements is required for all communication towers in accordance with Chapter 425, Subdivision and Land Development, §§ 425-49, 425-50, 425-51 and 425-52.
J.
Location and soil characteristics.
(1)
Communication towers in the A District shall be located upon land included within the following capability classes as classified by the Soil Survey of York County, Pennsylvania, Series 1959, No. 23, issued May, 1963:
Class III: Units IIIe-3 through IIIe-6 |
Class IV: Units IVc-1 through IVe-6 |
Class VI: entire class |
Class VII: entire class |
or on lands that cannot feasibly be farmed |
(2)
Where such location is not feasible, permits shall be issued to enable towers to be located on lands containing higher-quality soils. However, in all cases, such towers shall be located on the least agriculturally productive land feasible, and so as to minimize interference with agricultural production.
§ 500-61 Parking lot.
When established and used as the principal use of land, the following conditions must be satisfied:
§ 500-62 Sanitary utility.
§ 500-63 Supply utility.
A.
Except in VC and HC Districts, no public business office or storage yards shall be operated in connection with such use.
B.
Storage structures and facilities may be operated in connection with such use only when such storage facility is essential to service customers in the district in which it is located.
C.
For water supply booster stations, special exceptions are not required and minimum lot size requirements are waived.
D.
A seventy-five-foot buffer yard shall be provided along all property lines other than transmission or distribution rights-of-way.
INDUSTRIAL USES
§ 500-64 Junkyard.
A.
No material shall be placed in any junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water, or other natural causes.
B.
The boundaries of any junkyard shall at all times be clearly delineated; further, it shall be the responsibility of the Zoning Hearing Board to establish such boundaries as part of its findings in reviewing any such application.
C.
All paper, rags, cloth, and other fibers and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.
D.
All junkyard materials and activities not within fully enclosed buildings shall be surrounded by a fence at least eight feet in height and maintained in good condition. Any gate in such fence shall be similarly constructed and maintained and kept locked at all times when the junkyard is not in operation. Additionally, buffering shall be required in accordance with § 500-100 of this chapter, and the setback requirements for the zoning district in which the lot is located shall apply to all buildings. No materials shall be stored or stacked higher than eight feet.
E.
All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising materials above the ground, separating types of materials, preventing collection of stagnant water, extermination procedures, or other means.
F.
No burning shall be carried on in any junkyard except in suitable containers at appropriate locations and times, as established by the Zoning Hearing Board. Fire hazards shall be prevented by organization and segregation of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary; the provision of adequate aisles for escape and firefighting; and other necessary measures.
§ 500-65 Mill.
A.
A minimum lot area of three acres is required.
B.
If a lumber/saw mill is established, all power saws and machinery shall be secured against tampering and locked when not in use. In addition, all machinery used in the lumber/saw mill operation shall be located at least 500 feet from any ROS, R, or VC District and at least 50 feet from any property line.
C.
All grain storage facilities, conveying apparatuses, drying chambers, and axial ventilation fans shall be set back at least 50 feet from all property lines.
D.
All materials temporarily or permanently stored on the property shall be set back at least 50 feet from any street line.
§ 500-66 Sanitary landfill or incinerator.
A.
Such facility shall be established and operated in accordance with the applicable requirements of all regulating bodies such as the Pennsylvania Department of Environmental Protection.
B.
A minimum lot area of 25 acres is required.
C.
No sanitary landfilling operation or incineration shall take place within 200 feet of any street or property line.
D.
The lot shall have direct access to either an arterial or collector street as shown in the Township Comprehensive Plan Update.
E.
It shall be demonstrated that the use, because of its location and proposed method of operation, will not have an adverse effect upon any surrounding residential areas.
F.
Such facility is part of a solid waste plan approved by the York County Planning Commission.
G.
Fencing, screening, and buffering shall be provided as determined by the Zoning Hearing Board.
ACCESSORY USES
§ 500-67 General requirement.
Any use proposed to be accessory to a use permitted only by special exception shall be established only if and as provided for in such special exception permit.
§ 500-68 Accessory buildings or structures.
Detached accessory buildings are allowed in all districts, provided the building, as proposed and constructed, does not result in a violation of the setback, lot coverage and building coverage provisions of the district the building is located. Additionally, in any Residential (R), Residential Open Space (ROS) and/or Village Center (VC) Districts, the following additional requirements shall apply:
A.
Any residential area comprised of two or more lots used as a single residential unit or lot shall be, for purposed of this section, one lot; and
B.
The accessory building's maximum height shall be 18 feet; and
C.
Accessory buildings having a second story or a loft area shall be allowed, provided the total height of the building is no greater than 18 feet; and
D.
The total area of the accessory building footprint shall not be greater than 1,000 square feet per acre of the lot area upon which the principal building is located, but in no event greater than 5,000 square feet without a special exception. The limits of this subsection shall not apply to accessory building(s) for agricultural uses on a farm as defined in § 500-7 of this chapter.
§ 500-69 Accessory dwelling unit.
An accessory dwelling unit shall only be permitted as an accessory use to an owner occupied single family detached dwelling in a Village Residential Development or within lands subject to a permanent and perpetual conservation easement, being a conservation easement area.
A.
In a Village Residential Development, the following criteria shall be met:
(1)
The accessory dwelling unit shall have a habitable floor area of not less than 600 square feet and not greater than 900 square feet.
(2)
Only one accessory dwelling unit shall be permitted per lot.
(3)
All off-street parking and other applicable requirements of this chapter shall be satisfied, in addition to those required for the principal dwelling.
(4)
The maximum height of an accessory dwelling unit shall be 25 feet and not be limited to a ground floor only.
(5)
The accessory dwelling unit must be located only in a side or rear yard.
(6)
An accessory dwelling unit shall count as one dwelling unit when determining residential base density of a Village Residential Development.
(7)
An accessory dwelling unit shall connect to the municipal sewer or reserve capacity in the same (must have EDU for use) if within 1,000 feet of such sewer.
B.
In a conservation easement area, the following criteria shall be met:
(1)
The accessory dwelling unit shall have a habitable floor area of not less than 600 square feet and not greater than 2,500 square feet.
(2)
Only one accessory dwelling unit shall be permitted per building envelope or lot.
(3)
All off-street parking and other applicable requirements of this chapter shall be satisfied, in addition to those required for the principal dwelling.
(4)
The maximum height of an accessory dwelling unit shall be 30 feet and not be limited to a ground floor only.
(5)
The accessory dwelling unit must be located only in a side or rear yard.
(6)
An accessory dwelling unit shall count as one dwelling unit when determining base density of a conservation easement area unless the lot or building envelope for the principal dwelling is eight acres or larger and the total easement area is 150 contiguous acres or more. If both criteria are met, a dwelling unit designation shall not be allocated or required when considering density.
(7)
The accessory dwelling unit shall never be rented or subdivided and such shall be notated on any land development plan of subdivision plan.
(8)
The accessory dwelling unit occupation shall be limited to only immediate family, in-laws of one degree of consanguinity to the principal dwelling unit's owner(s) or persons employed exclusively and only on the principal dwelling unit final lot or final building envelope where the principal dwelling unit is located (see § 500-32).
§ 500-70 Accessory animal husbandry or accessory stable.
A.
For one animal, the accessory use shall require a minimum lot size of 2 1/2 acres in the C and A Districts and a minimum lot size of five acres in all other districts where allowed. For each additional animal, an additional acre of land shall be required to meet the minimum lot size.
B.
All animals, except while exercising or pasturing, shall be confined to a building erected for that purpose, and any shelters shall be set back at least 100 feet from any property line.
C.
All feed stations, cribs, sheds, and similar structures shall be set back at least 50 feet from any property line.
D.
All pasture, grazing, or exercise areas shall be security-fenced.
E.
All animal wastes shall be properly stored, but not within any required setback, and disposed of in a manner that will not create a public health hazard or nuisance.
F.
A properly sized lot may support either or both accessory uses hereunder so long as the total number of animals of both uses, taken together, are less than five.
§ 500-71 Agricultural commercial facility.
The location of an agricultural commercial facility is allowed in VC and HC Districts as an accessory use to agriculturally allowed uses, but must comply with the following provisions:
A.
The facility is for retail sales.
B.
Wholesale sales may occur but must be less than 30% of the gross receipts.
C.
A portion of the agricultural commodities marketed at the facility must be produced on the contiguous lands.
D.
The facility's allowed floor space shall be 1,000 square feet for every acre of contiguous, supportive land.
E.
The facility must comply with all the dimensional requirements of the district it is located in with the exception of maximum size, per Subsection D, above.
F.
Floor space devoted to retail sales shall be no less than 20% and no more than 40%.
G.
Outdoor storage, other than agricultural production related items, is prohibited.
H.
At least 15% of sales shall be related to the agricultural commodities produced by the owner of the contiguous land(s), the same owner owning the facility or a principal or shareholder of an affiliated organization, provided this percentage shall be waived in any year of a crop failure has occurred as determined by the Zoning Officer in consultation with at least one member of the Agricultural Review Board of the Township. Such determination is not dependent on a county-wide crop failure but is specific to the owner's lands providing the agricultural commodities. This determination of the Zoning Officer may be appealed under § 500-116A of this chapter.
§ 500-72 Bed-and-breakfast inn.
A.
There shall be no more than three guest rooms or suites offered for rent.
B.
No more than eight guests shall be lodged at any one time.
C.
Breakfast shall be the only meal provided, and it shall be served to overnight guests only.
D.
The remainder of the dwelling, other than the designated guest rooms, shall be used solely by the family in permanent residence.
E.
Off-street parking shall be provided in accordance with § 500-107H(2) of this chapter.
F.
Signage shall be in accordance with the sign provisions for the district in which located as set forth in Article VIII of this chapter.
G.
Necessary permits regarding water supply and sanitary waste disposal are obtained and scrupulously complied with.
H.
Individual guest rooms or suites shall include no facilities for cooking.
I.
The maximum length of guest stays shall be seven days.
§ 500-73 Boardinghouse or rooming house.
A.
A boardinghouse or rooming house shall only be permitted as an accessory use to a single family detached dwelling.
B.
A maximum of three roomers/boarders shall be permitted.
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.
§ 500-74 Day-care home.
A.
Not more than six persons, including the caregivers' offspring, shall be provided care at any such facility.
B.
Day-care homes shall be an accessory use to a single-family detached dwelling and a dwelling where the caregiver is a permanent resident.
C.
Day-care homes shall have at least 1,500 square feet of habitable floor area.
D.
At least 65 square feet of outdoor activity or play area shall be provided for each person receiving day care.
E.
Outdoor activity areas shall be sufficiently fenced, screened, and buffered to protect both the persons cared for and the neighborhood at large from excessive noise and disturbance.
F.
No overnight care shall be extended or provided.
G.
Day-care homes must comply with all of the regulations and licensing requirements set forth by the Pennsylvania Department of Human Services.
§ 500-75 Dwelling unit in combination with a principal office or commercial use.
A single dwelling unit shall be permitted as an accessory use within a building used for a principal office or commercial use in the VC District or within a Village Residential Development in the ROS District, subject to the following conditions:
A.
The dwelling unit must be located on an upper floor of the building.
B.
A separate ground-level entrance must be provided for the residential use.
C.
The minimum habitable floor area of the dwelling unit shall be 600 square feet.
D.
All off-street parking and other applicable requirements of this chapter shall be satisfied, in addition to those required for the principal use.
E.
In the case of a business complex, one dwelling unit shall be permitted as an accessory use to each office or commercial use occupying the complex (e.g., a business complex with three offices would be permitted to have three accessory dwelling units), in accordance with the above provisions.
F.
The dwelling unit established in combination with a principal office or commercial use shall not be counted when determining the residential base density of a property.
§ 500-76 Helistop.
A.
Any proposed helistop shall be permitted only as an accessory use to, in conjunction with, and an integral part of an existing and permitted principal use.
B.
The proposed helistop shall not adversely affect adjoining land uses, the safety of nearby residents or employees, or the future growth and development of the Township.
C.
No sales, fuel service, maintenance, or overhaul activities shall be conducted on the premises.
D.
Except for rooftop landing areas, a minimum landing area of 100 feet by 100 feet shall be provided.
E.
Fencing, screening, and buffering shall be provided as the Zoning Hearing Board prescribes.
F.
All federal and state operational and safety requirements shall be scrupulously met.
§ 500-77 Home occupation.
A.
A home occupation includes, but is not limited to, the following: art and craft studios, barbershops and beauty parlors, professional offices of a physician, dentist, lawyer, engineer, architect, writer, accountant, real estate and insurance office, dressmaking, millinery and seamstress, or teaching of a single pupil at a time. However, among the uses that shall not be interpreted to be a home occupation are the following: animal hospital, commercial stables and kennels, funeral homes or mortuaries, antique shops, bed-and-breakfast inns, and restaurants.
B.
The home occupation shall be carried on wholly indoors and within the principal building, and shall be clearly secondary and incidental to the use of the dwelling for residential purposes.
C.
There shall be no maintenance of a stock-in-trade, no use of show windows, and no display or advertising visible outside the premises to attract customers or clients other than home occupation announcement signs as permitted and regulated in Article VIII of this chapter; and there shall be no exterior storage of materials.
D.
No alterations, additions, or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation, except as may be required by other applicable local or state regulations or as deemed necessary for purposes of public safety or convenience.
E.
No articles shall be sold or offered for sale, except as may be produced on the premises or are incidental to the operation of the home occupation.
F.
No repetitive servicing by truck for supplies and materials shall be permitted.
G.
Only 25% of the dwelling may be utilized by the home occupation.
§ 500-78 Mobile home.
A second dwelling on a lot, exclusively limited to mobile homes for use as a residence by relatives or by employees of a farm or estate, is permitted, provided that:
A.
A total lot area of two acres is provided for both dwellings.
B.
Such mobile home meets all requirements of this chapter and other applicable ordinances or regulations except that minimum habitable floor area required by § 500-92B of this chapter shall be reduced to 300 square feet.
C.
Only one such mobile home is permitted on any single lot.
E.
Permits shall be temporary but renewable annually for an indefinite period.
§ 500-79 Principal use as accessory use.
Any principal use permitted in the district in which a parcel of land is located may, by special exception only, be established as an accessory use to another principal use permitted in that district. In requesting the special exception, the applicant must demonstrate that the proposed accessory use is related to and supporting of, yet clearly incidental to, the principal use.
§ 500-80 Private swimming pool.
A.
A private swimming pool may only be erected in a rear or side yard in any district in which it is permitted, provided that it is to be at least 10 feet from any rear or side property line.
B.
Enclosed, indoor, or covered swimming pools must meet all setback requirements for the district in which such pools are located.
C.
The pool must be suitably designed and located so as not to become a nuisance or hazard to adjoining property owners or the public. Outdoor lights, if used, shall be shielded and not reflected toward adjacent residential properties.
D.
Provision shall be made for drainage of the pool and backwash water disposal. The use of open fields, lawns, or dry wells shall be permitted for this purpose, provided they meet the requirements of the Pennsylvania Department of Environmental Protection. Water shall not be emptied onto public roads or adjoining land belonging to others.
E.
Fences, barriers and gates for swimming pools shall comply with the applicable requirements of the Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 500-81 Roadside agricultural stand.
A.
The stand shall be for the sale of farm, nursery, or greenhouse items produced on the premises where offered for sale.
B.
The stand shall not exceed 400 square feet of gross floor area.
C.
The stand shall not be nearer than 50 feet to any intersection nor within 10 feet of any right-of-way.
D.
In C and ROS Districts, such stands shall be removed when out of season.
§ 500-82 Temporary structure or use.
A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:
A.
The life of such permit shall not exceed three years, renewable at one-year intervals.
B.
Temporary nonconforming uses shall be subject to authorization by the Zoning Hearing Board as a special exception when deemed necessary to protect the public health or welfare and to promote the proper development of the Township.
C.
Such structure or use shall be removed completely upon expiration of the permit without cost to the Township.
§ 500-83 Off-Road Vehicles (ORVs).
All motorized vehicles, designed or redesigned or otherwise intended and being used for off-road recreational uses, including but not limited to all-terrain vehicles (collectively, ORVs) shall be operated within a private recreational facility only except such vehicles may operate on property located within the Conservation, Agricultural, Campus Industrial and/or Industrial Districts between the hours of 9:00 a.m. and 6:00 p.m., prevailing time, if the operator owns the land on which operation occurs or is a member of the operator's immediate family or the operator has written permission from the owner for such operation and the area of operation is at no time closer than 500 feet from any nonconsenting off-site occupied dwelling. ORVs when being used in a bona fide, for-profit enterprise or a bona fide, nonprofit enterprise that benefits the public-at-large, and the principal location of the enterprise is on the property of operation: This provision shall not apply to that operation of the ORV. No person shall operate, allow or permit the operation of an ORV within a stream, creek, waterway, drainageway, wetland, erosion-sensitive area or with 50 feet any environmentally sensitive area as defined by § 425-5 of Chapter 425, Subdivision and Land Development, of the Code of Springfield Township. No person shall operate an ORV on Township property or upon property which the Township or an association in which the Township is a member or participant regulates and/or controls without the express written consent of the Township. ORV shall not include any of the above-type vehicles used for law enforcement, fire, emergency situations, military or other governmental purposes, or used as utility vehicles for agricultural, animal husbandry, lawn care, snow removal, or business operations during the time such vehicles are being used in that capacity.