[HISTORY: Adopted by the Board of Supervisors of the Township
of Springfield 7-18-2022 by Ord. No. 2-2022. Amendments noted where
applicable.]
Springfield Township currently has in existence and will continue
in the foreseeable future to have in place a Zoning Ordinance,[1] Subdivision and Land Development Ordinance,[2] and other ordinances including but not limited to a Nuisance
Ordinance[3] to protect the public in general from unreasonable, excessive,
and/or other practices which would be construed to be a nuisance or
otherwise adversely affect public safety and welfare.
This chapter does not repeal the current Nuisance Ordinance
or any other similar ordinances and is in addition to and not instead
of existing ordinances.
All banquet/conference centers and similarly defined business
enterprises provided for under the Zoning Ordinance in existence now
and in existence in the future shall in addition to any other provisions
set forth in existing ordinances including the Zoning Ordinance adhere
to the following requirements:
A.
Attendance at a single event at a banquet/conference center shall
be limited to no more than 300 persons. This limitation shall not
include necessary event staff including but not limited to security
and caterers;
B.
All entertainment activities shall end no later than 10:00 p.m.;
C.
All entertainment including but not limited to music, bands, DJs,
dance floor or a stage shall be limited to the interior of the banquet/conference
center;
D.
No pyrotechnics or open fires may be used at the premises unless
permission is granted by the Board of Supervisors at a public meeting.
All dispensaries or facilities where medical marijuana and/or
any other marijuana products may be sold in the future, if authorized
by law, shall in addition to any other provisions set forth in existing
Township Ordinances including the Zoning Ordinance adhere to the following
requirements:
A.
A medical marijuana dispensary may only dispense medical marijuana
in an indoor enclosed permanent and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle unless specifically
authorized by Pennsylvania law. This limitation shall also apply to
any and all dispensaries for recreational marijuana in the event the
same is authorized by Pennsylvania law;
B.
All dispensaries for marijuana, including medical and recreational
(if authorized by law) shall have a single secure public entrance
and shall implement appropriate security measures to deter and prevent
the theft of marijuana and unauthorized entrance in areas containing
marijuana;
C.
All marijuana dispensaries shall not include a drive through service,
outdoor seating, or outdoor vending machines for the purpose of selling
marijuana and/or paraphernalia or other devices for the use of marijuana;
D.
Direct or home delivery service shall not be offered unless specifically
authorized by Pennsylvania law;
E.
Consumption of marijuana on the premises shall not be permitted unless
specifically authorized by Pennsylvania law;
F.
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with Pennsylvania
law including all applicable regulations enacted by appropriate and
authorized government agencies;
G.
Marijuana remnants and byproducts shall be secured and properly disposed
of in accordance with the Pennsylvania Department of Health requirements
or other requirements of Pennsylvania law and shall not be placed
in any unsecured exterior refuge containers;
H.
All marijuana dispensaries must maintain adequate and accurate books
and records that provide a true accounting of all financial transactions,
expenditures and control of inventory and prepare any required annual
financial statements using generally accepted accounting principles
consistent with Pennsylvania law;
I.
Hours of operation for all marijuana dispensaries shall be limited
from 8:00 a.m. until 8:00 p.m.;
J.
These regulations are intended to supplement Pennsylvania law as
enacted or subsequently enacted, and in the event these limitations
are inconsistent or contradictory to specific requirements of Pennsylvania
law, Pennsylvania law shall prevail over any of these requirements
to the extent that this chapter is more permissive or expansive than
Pennsylvania law.
All legally authorized marijuana growers/processors shall in
addition to any other provisions set forth in existing ordinances
including the Zoning Ordinance adhere to the following requirements:
A.
All loading areas/docks shall be properly secured so as to prohibit
unauthorized entry by third parties;
B.
No outdoor storage shall be permitted except in a secured and approved
structure consistent with Pennsylvania law and providing for security
measures including aux cameras and alarms to protect the contents
thereof from unauthorized entry;
C.
Marijuana may be grown only indoors in an enclosed and secure building.
The growing facility shall not be located in a trailer, cargo container,
mobile or modular unit, mobile home, recreational vehicle or other
motor vehicle and shall comply at a minimum with all Pennsylvania
laws regarding the growing of marijuana;
D.
There shall be no emission of dust, fumes, vapors, orders or waste
into the environment from any facility that occurs from the processing
and/or testing of marijuana;
E.
Marijuana remnants and byproducts shall be secured and properly disposed
of in accordance with the Pennsylvania Department of Health requirements
and shall not be placed within any unsecured exterior refuse containers;
F.
All exterior lighting shall be shielded in such a manner to not allow
light to exceed one footcandle at the property line;
G.
Loading and off-loading areas must be provided in the structure or
in a separate structure which is secured with appropriate locking
mechanisms, security cameras, and an alarm system for the purpose
of preventing entry to unauthorized persons;
H.
The dispensary shall have a single secure entrance and shall implement
appropriate security measures to deter and prevent the of marijuana
and unauthorized entrance into areas containing marijuana;
I.
These regulations are intended to supplement Pennsylvania law as
enacted or subsequently enacted, and in the event these limitations
are inconsistent or contradictory to specific requirements of Pennsylvania
law, Pennsylvania law shall prevail over any of these requirements
to the extent that this chapter is more permissive or expansive than
Pennsylvania law.
All special event barns/venues shall in addition to any other
provisions set forth in existing ordinances including the Zoning Ordinance
adhere to the following requirements:
A.
Any additions or changes to the barn/venue to accommodate the use
as a special event barn/venue shall be secondary and shall not substantially
alter the visual or material character of the barn venue except as
is necessary to provide for the safe use of the same by patrons and
staff, and all additions or changes shall comply with all state and
Township laws including but not limited to construction codes and
building codes;
B.
Attendance at a single event at a special event barn/venue shall
be limited to no more than 200 persons. Staff for the event including
but not limited to security and caterers shall not be included in
the attendance count. The maximum attendance limit at an event may
be reduced to make it below 200 persons by the Board of Supervisors
as part of the conditional use approval;
C.
No more than 24 events per calendar year shall be permitted at a
special event barn/venue excluding any rehearsal for said events;
D.
Documentation of the date and time of each special event at the special
event barn/venue shall be provided to the Township on a monthly basis
prior to the scheduled event;
E.
No event shall be permitted to begin before 11:00 a.m. nor extend
past 11:00 p.m. with all attendees to exit the premises by midnight;
F.
All entertainment must end by 10:00 p.m. and all entertainment including
but not limited to music, DJs, bands, dance floor or stage shall be
limited to the interior of the special event barn/venue. Outdoor recreation
activities conducted by the attendees shall not be considered entertainment
for the purposes of interpreting this section;
G.
The owner of the special event barn/venue shall provide bonded, insured
on site, independent security guards for each event, and a certificate
showing that the special event barn/venue is covered by special event
liability insurance shall be displayed on the premises at all times
in a conspicuous location;
H.
No individual sale of food or beverage items including but not limited
to cash bars, concession stands or other similar sales is allowed
at any event associated with the use of a special event barn/venue;
however, this does not prevent the serving of foods or drinks by a
no-per-transaction charge;
I.
Alcoholic beverages may be served only as allowed by local and state
law. There shall be no sale of alcoholic beverages to any of the attendees
or others lawfully on the premises;
J.
No pyrotechnics may be used in conjunction with activities associated
with the special event barn/venue;
K.
Special events may be held only on Fridays, Saturdays, Sundays and
legal holidays;
L.
Trash shall be removed within 48 hours following the end of the special
event, and all trash shall be properly secured so as to prevent vermin
from having access to the trash;
M.
All trash must be stored within a commercial dumpster, and the dumpster
area must be fenced in on all sides with wood or other vinyl fencing
at least six feet tall.
All mobile food vendors shall in addition to any other provisions
set forth in existing ordinances including the Zoning Ordinance adhere
to the following requirements:
A.
Temporary business license is required.
(1)
An applicant shall apply for a temporary business license (which
will also serve as the required zoning permit) including payment of
the temporary business license fee as set from time to time by resolution
by the Board of Supervisors not less than two weeks' prior to
the vendor's anticipated date to begin operating in the Township
upon filing the proper forms which are available from the Township;
(2)
Any license issued under the section is not transferable;
(3)
The applicant must possess and provide a copy of the valid state
vehicle operating license and also the operator of the motor vehicle
used for mobile food vending must have a valid motor vehicle operating
license;
B.
Motor vehicles used for mobile food vending must have valid registration
plates, a current state inspection, current state registration card,
and state required minimum vehicle insurance;
C.
Liability and insurance obligation.
(1)
Every mobile food vendor must furnish evidence of a comprehensive
public liability insurance policy with coverage not less than $500,000
per person and $1,000,000 per incident in the event of bodily injury,
including death, and if applicable, workers' compensation insurance
covering its employees. Such evidence shall be in the form of a certificate
indicating that the insurance is currently in place which shall be
furnished to the Township at the time of the application. The insurance
obtained by the mobile food vendor shall provide that in the event
of a cancellation of insurance that the Township shall be promptly
notified. Failure to maintain the required insurance will be considered
a basis for the Township to suspend the mobile food vender's
business license;
D.
Display of licenses and permits.
(1)
An approved license as well as any required Department of Agriculture
permits shall be displayed at all times in a prominent place on the
mobile food vendor truck, concession cart, or concession trailer where
they can be viewed and read by the general public;
(2)
It shall be unlawful for any individual to sell edible goods while
displaying a valid license or permit in the name of another individual
organization or entity;
E.
License revocations or suspensions.
(1)
A license may be revoked upon conviction of any offense committed
by any individual operating as a mobile food vendor in the Township
while engaged in the permitted business. A license may be suspended
in the event of pending charges of a crime as set forth above until
a judicial determination of a conviction in connection with such charges;
(2)
A license may be suspended immediately, without notice, by the Township
if the mobile vending provider is causing, contributing to, or part
of a public safety concern or disturbance or upon a determination
of excessive trash accumulation;
(3)
A license may be revoked for nonconformity to the application as
far as location specifications or requirements as well as nonconformity
to an approved location plan or diagram;
(4)
A license may be suspended or revoked for not complying with all
the requirements in this section or any other ordinances or laws applicable
hereto;
(5)
It shall be unlawful for any individual or entity directly or through
an agent or employee to sell goods after the expiration of the license
issued under this chapter;
(6)
A license application may be denied by the Township based upon applicant's
prior violations of this chapter and the regulations therein;
(7)
Licenses may be denied by the Township if the applicant has been
convicted of a felony or crime involving moral turpitude.
F.
Location.
(1)
A mobile food vendor shall not be located at a stationary location
for a duration exceeding eight consecutive hours and cannot exceed
more than eight hours during any twenty-four-hour period unless prior
approval is granted by the Board of Supervisors at a public meeting.
The mobile food vendor shall be open and operating during the entire
period that the mobile food vendor is located at a stationery location
with the Township;
(2)
A mobile food vendor shall not conduct sales in congested areas where
the operation impedes vehicular or pedestrian traffic;
(3)
A mobile food vendor shall not cause any congestion of traffic flow,
and, if vehicular traffic or pedestrian flow becomes impeded, the
vendor shall immediately and without delay vacate the area so as to
allow for the free flow of traffic and relief of the congestion;
(4)
No mobile food vendor shall locate on any private property without
written permission from the property owner to do so and must comply
if asked to leave by the property owner. Further, a copy of the written
permission to operate in a specific location signed by the property
owner, including a contact phone number for verification, shall be
included with the license application. A copy of such written permission
shall be kept in the mobile vending unit and produced to the Township
and/or any law enforcement official having jurisdiction in Springfield
Township upon request;
(5)
A five-foot clear space shall be maintained around the mobile food
vending unit at all times;
(6)
No mobile food vendor shall be allowed to conduct food sales in the
public road right-of-way.
A "no smoking" sign shall be posted next to the order window
area.
A.
Vendors must provide a portable trash receptacle for collection of
waste from their customers, and waste must be removed from the location
of the mobile vending unit daily without using public waste containers
or receptacles. Each vendor shall be responsible for proper disposal
of solid waste and wastewater consistent with existing ordinances
or laws applicable within the Township;
B.
Vendors shall not dispose of grease or other liquid waste by depositing
or draining the same into the storm sewers, sewer drain outlets, tree
pits, or sidewalk areas or any public space including the ground or
public roadways;
C.
All areas must be cleaned following each sales period within a minimum
of 20 feet of the sales location.
A.
Continuous loud music or repetitive sounds shall not project from
the mobile unit while parked or stopped, except those created by the
normal operation of equipment typically associated with mobile food
vending during the hours of operation;
B.
The provisions of all of the Township Ordinances including the nuisance
ordinance must be adhered to during all periods of operation.
A.
A tagged fire extinguisher with a 10 BC rating and a Class K fire
extinguisher must be located in the unit and accessible at all times;
B.
All compressed gas fuel cylinders shall be shielded and secured as
required by the International Fire Code;
C.
Proper electrical power must be maintained and installed per the
International Electrical Code. Extension cords running from any residential
living space for power shall not be permitted. Township-owned power
sources may not be used without the express prior written consent
of the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
A vending unit which is pulled by either a motorized unit
or any device, animal, or human, and has no power or ability to move
on its own.
A judicial determination of guilt for any violation of this
chapter and/or the conviction of any misdemeanor or felony.
Including but not limited to prepackaged food, off-site prepared
food, or on-site prepared food.
The capability of moving freely or easily, but not necessarily
in continuous motion.
A vehicle-mounted unit engaged or utilized in the sale of
edible goods.
A business or person that sells edible goods from a mobile
vending unit within the Township of Springfield.
The unit from which a mobile vendor operates. This term includes
but is not limited to mobile food trucks, any motor vehicle used to
sell edible goods, any type of wagon, trailer, concession cart, sled
or other equipment that must be moved by nonmotorized means (pulled
or pushed) and concession trailers.
Edible goods that are not required to be kept at a temperature
below 41° F. according to the Federal Food and Drug Administration
and the Pennsylvania Department of Agriculture, Bureau of Food Safety
and Laboratory Services rules.
The position of the mobile food vendor when not in motion
and addressing the public for the purpose of sales.
In addition to the definitions herein, all definitions set forth
in the Springfield Township Zoning and Subdivision and Land Development
Ordinances are incorporated herein by reference to the extent they
are applicable.
A.
Failure of the vendor or landowner to comply with this chapter shall
be deemed to be a summary offense and upon conviction be subject to
a fine not to exceed $1,000 per violation and/or imprisonment not
to exceed 90 days incarceration in the Mercer County Jail. Each day
a violation occurs shall be a separate offense. This chapter shall
be enforced by the designated Township officer including the Township
Secretary at the direction of the Board of Supervisors. The District
Justice or other comparable judicial officer shall have jurisdiction
over this matter.
B.
In addition to the above criminal penalties, the Township shall also
have the right to enforce any violation of this chapter by filing
a civil complaint before a court of competent jurisdiction as well
as a civil enforcement action pursuant to the Second-Class Township
Code.
If any section, sentence, clause, phrase, or portion of this
chapter is for any reason held to be invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
This chapter shall take effect five days after the enactment
thereof.
