Springettsbury Township Board of Supervisors Work Session Meeting Minutes

CALL TO ORDER

Chairman Swomley called the meeting to order and led the Pledge of Allegiance. He turned the meeting over to Ms. Hull.

NEW BUSINESS

1. 1. Review of Zoning and Subdivision and Land Development Ordinance Amendments

Ms. Hull stated this meeting is to complete items from previous meetings. This will include signs, temporary uses and enforcement of those uses, food trucks and the burn ordinance, as well as next steps.

Sign Ordinance Updates

Electronic Message Centers – The new regulations provide a more thorough definition and a process for measuring where those signs are in conformance with the ordinance.

• How often should the signs be allowed to change – currently eight times a day.

⁃ The decision was made to have electronic signs change no more frequently than every three minutes.

Gas Station Canopy Signs – Definition was added to clearly define these signs and limits the content to brand and elements of logo, which cannot extend beyond the face of the canopy.

• No more than one sign on each canopy face.
• The draft indicates the canopy signage needs to be included in the total square footage of signage allowed on the site.
• The gross surface area of the sign content is limited to not more than 50% of the canopy face.
• Other issues – illumination, branding/striping to be counted, allowable footage for canopy signs to be included in the total sign allowance.

It was noted the current language states signs shall be attached to the face of the canopy and shall not extend beyond the edges of the canopy.

Discussion was held relating to Rutters or Sheetz, identifying signage on the canopy is permitted, striping as in the case of a Rutters would be for aesthetic purposes and would not be included in the sign allowance. It was noted in the case of whether the canopy was included, the option was cited that the logo on a canopy could be in addition to the total signage allowed on the site, since these are unique situations. Further discussion indicated as to what the total signage is, for example on a new Sheets and whether the signage is being exceeded by having a sign on their canopy. If that was the case, then it was reasoned not to include the canopy sign as part of the total signage. However, if they are not exceeding the allowable signage then it would be okay to include it.

Illumination would be limited to internal illumination.

Portable Signs – The current zoning ordinance states anything that is not affixed to the ground or the building is a mobile sign which are prohibited. Mobile signs were updated to only apply to advertising signs that move around on vehicles which remain prohibited. A new definition was created for portable signs for those who are carried into a building each night and are for on-site usage. They are included under the exempt signage provided they meet criteria for size and location, i.e., the sidewalk is accessible and it meets ADA regulations. It would allow sandwich boards or a sign on a stand with a weighted round base, such as for a restaurant.

Feather Signs – were defined and added to the list of prohibited signs.

Menu Boards – all fast-food restaurants have them. They are included under exempt signage but are larger than what is permitted under any other exempt signs. The decision was to add menu boards to the list of exempt signs and set criteria that are more relevant to what is seen at a drive-through restaurant. Maximum of two signs per premises – must be located on the property, maximum size 24 sq. ft. No more than 20% of the total sign area used for business identification. Currently limited to drive-through restaurant uses – there are other uses where they could be used – carwashes, banks and dry cleaners.

It was noted many fast-food restaurants have double lanes with two signs per lane. Under the current ordinance if a menu board is installed without relief, it would need to be included in the permitted sign package, so it would not be an exempt sign. They are listed as an example of something that is exempt, but no menu boards are small enough to meet the requirements of the maximum sign size for exempt signs. It could be required to be included as part of their business identification signage package or regulate them differently.

It was suggested that it be one menu board per lane and any additional would need to be included as part of their business sign package.

Discussion was held regarding carwashes, noting two new carwashes are anticipated soon – not sure if they would have menu boards, but should be held to the same sign requirements as a restaurant.

Temporary Uses – Earlier drafts of proposed changes to the zoning ordinance included ways to expand the range of permitted temporary uses. There was concern this approach could result in new problems. They reviewed what some other municipalities are doing in terms of regulating temporary uses more thoroughly, which is tied to permitting. What they found was the permitting process would be arduous for the Township. The main issue being seen with temporary uses and events at commercial properties are people who do not file for a permit. The result is they determined to keep the requirements as strict as the Township has been doing on temporary events. They have some ideas on enforcement that would provide a quicker turnaround on an individual who is operating illegally. They also added language to the permitting requirements which mandates the individual shows they are supplying adequate parking, ingress and egress as well as no adverse impacts on traffic circulation in the area. They have exempted governmental agencies from attaining temporary use permits, i.e., food trucks would not need a permit since it is a community benefit.

The Board was in favor of the proposed changes.

Regarding enforcement, the ordinance provides for an individual in violation, five days to come into compliance. Due to the short duration, by the time they come into compliance the event is over. Implementing an immediate response would allow the enforcement officer to judge on the basis of the situation what the compliance period would be, ensuring any fines are accrued for the day or every day the event happens. The solicitor suggested tying the lack of compliance to the Certificate of Occupancy for the property, which could result in the building code official shutting down the operation.

Discussion was held regarding how to address enforcement. It was suggested to make it 24 hrs. to comply. It was recommended to include the solicitor to coordinate any actions to be taken.

Mr. Bishop questioned if there would be a mechanism for residents to notify the Township if they are going to hold an event. It was noted the current requirement is to obtain a permit.

Mr. Hodgkinson stated the current requirement for block parties is a permit is submitted, which is vetted by the police department and is sent to him for review. Pending his approval, it is sent back to the applicant, who must coordinate with Public Works to obtain road barricades.

Currently church events are permitted a maximum of eight days per year for outside events. It was suggested to allow four events a year and increase the number of days to be limited to seven days per event (non-consecutive).

Food Trucks – Allow more flexibility on how food trucks were managed, not only as a temporary use or a special exception use in industrial districts, to add vibrancy and use more as a regular business. Proposed changes show food trucks would be allowed two trucks per parcel by right in a non-residential district. More than two trucks on a site would require regulation under the temporary use permit.

Discussion was held regarding timing – currently the food trucks can remain on site for an unlimited time. How do food trucks affect existing businesses in the Township, related to competition. It was suggested the business owner must allow the food truck to be onsite by permit.

Mr. Hodgkinson asked if a resident would want to have a food truck for an event, i.e., a birthday party, would it be allowed or is it prohibited. Ms. Hull stated that it would be regulated under the temporary events/use. It was noted this could be a private event, not selling to the public. Ms. Hull stated they could allow food trucks as an accessory in a commercial setting; however, the property owner would need to apply for them, setting regulations in that case.

Mr. Heilman expressed the need for his staff to have explicit regulations, since they receive many complaints from individuals.

For businesses who are providing food from the food truck for their employees, Mr. Hodgkinson stated the current ordinance states they are prohibited to sell food. It was noted clarification is needed to determine how to address that situation.

It was agreed to allow two food trucks per parcel (removed “by right”) in a non-residential district. More than two food trucks on a site would require regulation under the temporary use permit. Food trucks would be allowed to remain on site for three days.

Discussion was held regarding the trucks being subject to the mercantile tax. It was noted York-Adams Tax Bureau is notified of the business names for the trucks

Burn Ordinance – Simplified approach based on Township Manager comments Prohibit burning for all but:

• Cooking food
• Firefighting instruction
• Agricultural burning
• Prevention/abatement of fire hazard, when approved by Department of Environmental Protection
• Recreational/ceremonial uses if pre-approved by Township Manager and Fire Marshal
  • Must use seasoned firewood or charcoal
  • Additional limits on proximity to buildings/property lines, weather conditions, time of day, etc.
  • Additional regulations relating to location, proximity, and age of person managing burn
    
  • Sets civil penalties for violation
  • Suggested language for Code of Ordinances rather than Zoning Ordinance
  • Agricultural burning is considered for a farm property consisting of 25 acres or more.
  • Open burning would require 100 ft. from a property line and any buildings.
  • Confined burning is considered for a stove or other closed container – required to be 10 ft. from a neighboring property line.
  • Gas grills, charcoal grills, woodfire grills are exempt.

Questioned the definition of confined burning – where it is allowed.

Section 4B – Confined burning – one fire that is confined or contained in a non-combustible receptacle that is limited to an area of four feet or less in diameter and four feet or less in height.

Section 5E – no person shall conduct confined burning within 10 ft. of an adjoining property line. Exemptions include devices used solely for the purposes of cooking. Clarification will be added to make it clear that confined burning is allowed.

On another subject, Ms. Keagy inquired about updating the property maintenance code, since it is currently from 2009. She requested updating it to the 2021, which is what is currently adopted for the building code. Mr. Hodgkinson stated he would review and provide a summary of anything that would adversely change from the 2009 codes.

Next Steps – Ms. Hull stated there are some remaining issues to be reviewed, before preparing the final draft ordinance for distribution to the county, adjacent municipalities and the school districts as part of the review process. She noted they will work on integrating the comments from this meeting and conduct an internal review of the document, as well as having one of their document editors organize the content.

She will meet with Mr. Hodgkinson for a final review of the draft. She anticipates several months to complete the process.

Mr. Bair stated one of the items covered was the minor subdivision waiver. He reviewed what was covered in the current ordinance and the sections that are waived. Mr. Bair indicated he made suggested changes which he would provide to Mr. Luciani to confirm what he identified, matches how plans have been addressed over the years, and then incorporate those changes into that section. He noted he would also provide those changes to the Board.

PUBLIC COMMENT

There was none.

ADJOURNMENT

SWOMLEY Chairman Swomley adjourned the meeting at 7:38 p.m.

Respectfully submitted,

Doreen K. Bowders
Secretary

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