1. Purposes. In addition to serving the overall objectives of this Ordinance, this Section is intended to minimize threats to the quality of groundwater and surface water, particularly those water features that affect public water supply wells and concentrations of private wells. This Section is also intended to assist in oversight to ensure compliance with Federal and State environmental protection regulations that could affect water quality.
2. Overlay Districts. This Section establishes two overlay districts that overlay the conventional underlying zoning districts. One overlay district is the SW Source Water Protection Overlay District, which shall include all areas designated as the Source Water Protection Area on the Source Water Protection Map (Appendix D) that is part of this Ordinance. The second overlay district is the WP Wellhead Protection District, which shall include all land within a 400 feet radius of a public water supply well. Within the two overlay districts, when two provisions of this Ordinance apply to the same manner, whichever provision is more restrictive upon the use and development of land and structures shall apply.
3. Prohibited Uses in WP. The following uses are prohibited within the WP Wellhead Protection Overlay District:
A. Medical offices, veterinarian clinics, and funeral homes.
B. Sewage treatment facilities with on-site disposal of primary or secondary treated effluent in excess of 5,000 gpd.
C. Bulk storage and mixing of pesticides and fertilizers.
4. Prohibited Uses in SW and WP. The following uses are prohibited within the SW Source Water Protection Overlay District and the WP Wellhead Protection Overlay District:
A. Bulk storage of regulated substances, as established by subsection .5 below.
B. Dry cleaning establishments, other than pickup and drop off locations.
C. Auto repair garage or auto service station.
D. Manufacturing involving bulk use or mixing of highly hazardous or toxic chemicals.
E. Junk yards.
F. Land application of wastewater and sludges.
G. Metal plating establishments.
H. Open burning sites and dumps.
I. Mineral extraction.
J. Bulk storage of road salt.
K. Sales, storage, or disposal of fuels or hazardous chemicals.
L. Solid waste landfill, solid waste-to-energy plant or solid waste transfer facility.
M. Bulk storage of flammable liquids and gases for off-site use.
N. Uses which involves as a principal activity the manufacture, storage, use, transportation or disposal of toxic or regulated substances.
O. Uses which involves toxic and regulated substances in quantities greater than those associated with normal household use.
P. Motor vehicle sales area.
Q. Cleaning of trucks that transport regulated substances.
R. Outdoor stockpiles of industrial materials.
S. Open burning of materials containing hazardous substances.
T. Battery manufacturing or recycling.
U. Metal drum recycling or reprocessing.
V. Slaughterhouse, animal rendering or tannery facility.
W. Underground injection well.
X. On-site disposal of hazardous substances.
5. Regulated Substance Limitations.
A. The use, storage, manufacture, or disposal of regulated substances as provided on the following Regulated Substances List is prohibited within the WP and SW Overlay Districts, except as provided under the general exceptions provision of this Section:
Regulated Substances List
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Regulated Substances List
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Acid and basic cleaning solutions |
Antifreeze and coolants |
Arsenic and arsenic compounds |
Bleaches, peroxides |
Brake and transmission fluids |
Brine solution |
Casting and foundry chemicals |
Caulking agents and sealants |
Cleaning solvents |
Corrosion and rust prevention solutions |
Cutting fluids |
Degreasing solvents |
Disinfectants |
Electroplating solutions |
Explosives |
Fire extinguishing chemicals |
Food processing wastes |
Formaldehyde |
Fuels and additives |
Gasolines and oils |
Glues, adhesives, and resins |
Greases |
Hydraulic fluid |
Industrial and commercial janitorial supplies |
Industrial sludges and stillbottoms |
Inks, printing and photocopying chemicals |
Laboratory chemicals |
Liquid storage batteries |
Medical, pharmaceutical, dental, veterinary, and hospital solutions |
Mercury and mercury compounds |
Metals finishing solutions |
Regulated Substances List
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Regulated Substances List
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Oil-based paints, primers, thinners, dyes, stains, wood preservatives, varnishing and cleaning compounds |
Painting solvents |
PCB’s |
Pesticides, herbicides, fungicides, and rodenticides |
Plastic resins, plasticizers, and catalysts |
Photo development chemicals |
Poisons |
Polishes |
Pool chemicals in concentrated form |
Processed dust and particulates |
Radioactive sources |
Reagents and standards |
Refrigerants |
Road salts |
Roofing chemicals and sealers |
Sanitizers, disinfectants, bactericides, and algaecides |
Soaps, detergents, and surfactants |
Solders and fluxes |
Stripping compounds |
Tanning industry chemicals |
Transformer and capacitor oils/fluids |
Water and wastewater treatment chemicals |
B. See also regulations of the Springfield Township Floodplain Ordinance regarding storage within an identified floodplain area.
(Ord. 179, passed 2-24-2015)
6. General Exceptions.
A. Many operation and maintenance activities require the use, storage, and transport of regulated substances in quantities or in a manner that do not pose a significant threat to water quality. The following general exceptions specify those activities that are permitted by right within the WP and SW Districts and do not require a special exception or variance.
(1) Exceptions for Transit. The transportation of any regulated substance through the WP or SW Districts shall be exempt from the provisions of this regulation provided the transporting motor vehicle is in transit. This exception shall not apply to on-site storage or overnight parking.
(2) Exceptions for Application of Pesticides, Herbicides, Fertilizers, Fungicides, and Rodenticides. The application of regulated substances used as pesticides, herbicides, fertilizers, fungicides, and rodenticides in recreation, agriculture, pest control, and aquatic weed control activities shall be exempt from the provisions of this regulation provided that:
(a) The application shall be in strict conformity with the use requirement as set forth in the substances EPA registries and as indicated on the containers in which the substances are sold.
(b) When a certified operator is required under Federal or State regulations, the application of any of the pesticides, herbicides, fertilizers, fungicides, and rodenticides shall be noted in the records of the certified operator. Records shall be kept of the date and amount of these substances applied at each location and said records shall be available for inspection.
(c) The application of pesticides, herbicides, fertilizers, fungicides, and rodenticides for nonresidential or nonagricultural purposes shall comply with State and/or Federal requirements for permits and/or certifications. Application of these substances in the no disturbance riparian buffer is prohibited. Application within the minimal disturbance riparian buffer or wetlands is also prohibited except for agricultural purposes.
(Ord. 156, passed 4-27-2010)
(3) Exemption for Retail/Wholesale Sales Activities. The storage and re-sale by retail/wholesale sales of regulated substances in their original unopened containers shall be exempt from the provisions of this Section.
(4) Exceptions for Office and Commercial Uses. Office and commercial use of regulated substances below the aggregate sum per month not exceeding 25 gallons where said substance is a liquid or 220 pounds where said substance is a solid shall be exempt from the provisions of this Section, provided however, that office and commercial uses that store or handle quantities of regulated substances exceeding on a monthly basis 25 gallons liquid or 220 pounds solid shall be need special exception approval within the WP District.
(5) Exception for Construction Activities. The activities of constructing, repairing, or maintaining any facility or improvement on lands within WP and SW Districts shall be exempt from the provisions of this regulation provided that all contractors, subcontractors, laborers, material and their employees when using, handling, storing, or producing regulated substances in the WP and SW Districts use those applicable Best Management Practices.
(6) Exception for Household Use. In addition to the exemptions provided for in paragraph .A(2) above, the household use of regulated substances below the monthly aggregate sum not exceeding 25 gallons where said substance is a liquid or 220 pounds where said substance is a solid shall be exempt from the provisions of this regulation provided, however, that household uses that store or handle quantities of regulated substances exceeding 25 gallons liquid or 220 pounds solid shall be need special exception approval.
(7) Exception for Municipal Use. Use by the Township of regulated substances is exempt from this Section, provided there is compliance with Federal and State environmental regulations.
(8) Exception for Underground Storage of Oil(s). The underground storage of oil(s) used for heating fuel shall be exempt from the provisions of this regulation provided, however, that the container used for said storage shall be located within an enclosed structure (i.e., secondary containment or any currently approvable containment technology) sufficient to preclude leakage of oil to the external environment and to afford routine access for visual inspection (e.g., cement floored basement), and sheltered to prevent the intrusion of precipitation. Any container used for the underground storage of oil that is out of service for more than 1 year shall be removed. Any liquid residue shall be removed and all connecting line or pipes securely capped or plugged. No underground storage tank shall be installed in the 100-year floodplain, any riparian buffer or wetland.
(Ord. 156, passed 4-27-2010)
(9) Exception for Aboveground Storage of Oil(s). The aboveground storage of oil(s) used for heating fuel shall be exempt from the provisions of this regulation provided, however, that the container used for said storage shall be located over an impervious pad or container sufficient to capture spills and leakage of oil to the external environment and to afford routine access for visual inspection and sheltered to prevent the intrusion of precipitation. Aboveground storage of oils shall be located as far away from the public water supply wells as possible. No above ground bulk storage of oil shall occur in the 100-year floodplain, any riparian buffer or wetland.
(Ord. 156, passed 4-27-2010)
7. Nonconformities. Any of the land uses, facilities, and/or activities identified in subsection .3 or .4, lawfully in existence within the WP or SW Overlay Districts prior to the effective date of this Ordinance, may continue to exist on the parcel upon which it is located subject to meeting existing Federal, State, and local regulations including the requirements described in subsections .8 and .9 below.
8. Design Standards.
A. Industrial, Commercial, and Manufacturing Facilities.
(1) The following design standards apply to industrial, commercial, and manufacturing facilities that operate within the WP Wellhead Protection Overlay District:
(a) Facilities which store, process, convey, and/or contain regulated substances shall be designed in such a manner to prevent discharges of regulated substances to the environment and meet applicable regulatory requirements (i.e., Occupational Safety and Health Agency (OSHA) standards, Building and Fire Codes, National Institute of Occupational Safety and Health (NIOSH) standards, EPA and PADEP requirements, etc.)
(b) Regulated substances storage areas shall be designed with containment structures capable of containing 100 percent of the volume of the largest storage container.
(c) No on-site floor drains shall be permitted, unless they drain to a secure tank, the contents of which are regularly pumped and properly disposed.
(d) Outside storage of regulated substances in drums shall not be permitted unless stored on containment structures capable of containing 100 percent of the volume of the largest storage container.
B. Underground Storage Tanks.
(1) The following design standards apply to underground storage tanks that operate within the WP and SW Overlay Districts:
(a) The design and construction of underground storage facilities shall be in accordance with applicable Federal and State requirements including the rules and regulations of PADEP.
(b) The tank shall be constructed of fiberglass-reinforced plastic, or fiberglass- reinforced plastic composite.
(c) The tank and associated tank piping shall provide for secondary containment for release detection purposes which may include double-walled tanks and piping, a concrete vault in which the tank and piping is placed, or an impermeable liner in the excavation zone in which the tank and piping is placed.
(d) The tank shall be equipped with spill and overfill prevention equipment and a leak detection system.
C. Aboveground Storage and Tanks.
(1) The following design standards apply to aboveground storage tanks that operate within the WP and SW Overlay Districts:
(a) The design and construction of aboveground storage tanks shall be in accordance with applicable Federal and State regulations.
(b) Aboveground storage tanks shall be provided containment facilities meeting the following design requirements:
1) The containment device shall be large enough to contain 100 percent of the volume of the tank, in cases where a single tank is used to store, handle, use, or produce a hazardous material. In cases where multiple tanks are used, the containment device shall be large enough to contain 100 percent of the volume of the aggregate tank volumes.
2) All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any hazardous material and shall be capable of containing any accidental release for at least a period sufficient to allow detection and removal of the material. Provisions shall be made for monitoring, testing, and immediate removal of accumulated precipitation.
(c) The design of the tank shall meet applicable technical standards for the specific type and class of tank as set forth in the applicable Underwriters Laboratory Standards No. 142 by the American Petroleum Institute (API), by the American Water Works Association (AWWA), or by the Society of Mechanical Engineers (ASME). The tanks shall be fabricated, tested, and installed in accordance with the appropriate codes and standards applicable to the material to be stored therein.
(d) The tank shall be designed with monitoring standards consistent with the manufacturer’s specifications.
(e) The tank shall be tested as required by Federal and State codes and standards.
(f) The tank and containment area shall be protected by a security fence.
D. Agricultural Operations. The following design standards apply to agricultural operations within the WP and SW Overlay Districts:
(1) The keeping of livestock shall be consistent with regulations provided in Section 404 A-1, A-5 and H-5.
(2) A concentrated Animal Feeding Operation (CAFO) is a prohibited use in the WP Overlay District, and permitted as a conditional use in the SWP Overlay District.
(3) The storage of pesticides, other than that typical for household use, is prohibited in the WP Overlay District. Storage of pesticides in the SWP Overlay District must comply with regulations provided in Title 15, Chapter 151 (Floodplains) of this Code.
(4) The storage or spreading of manure is prohibited in the WP Overlay District. Storage of manure in the SWP Overlay District must comply with regulations provided in Title 15, Chapter 151 (Floodplains) of this Code.
E. On-Lot Wastewater Disposal Facilities. The following design standards apply to on-lot wastewater disposal facilities within the WP and SW Districts:
(1) Residential and nonresidential wastewater treatment systems must meet all applicable State, county, and local codes and regulations and must be designed and operated to not cause the average concentration of nitrate-nitrogen in groundwater recharged on the property to exceed 10 milligrams per liter.
(2) All new wastewater treatment systems must maintain a minimum setback distance of 100 feet from public water supply wells, or DEP requirements, as amended. A larger distance should be provided where feasible.
F. Stormwater Management Facilities. The following design standards apply to stormwater management facilities within the WP and SW Overlay Districts:
(1) Stormwater management facilities including drainage swales, detention ponds, and retention ponds shall be designed in a manner to provide optimal protection of the groundwater resources consistent with applicable Township and PADEP requirements and guidelines.
(Ord. 156, passed 4-27-2010)
G. Wells. The following design standards apply to well drilling in the WP and SW Overlay Districts:
(1) The drilling of public and individual water supply wells and irrigation wells shall meet the requirements of PADEP and the County Health Department.
(2) Any well that is not longer used shall be capped in a manner that avoids entry of surface contaminates into the well.
H. Sinkholes. The following design standards apply to sinkholes in the WP and SW Overlay Districts:
(1) It shall be the responsibility of the properly owner to repair sinkholes in a manner which will prevent the direct inflow of surface water into the groundwater. This will require the filling of the sinkhole with concrete, stone, or other appropriate fill.
(2) See also the Carbonate Geology provisions of § 509.
9. Operating Requirements.
A. Industrial, Commercial, and Manufacturing Facilities.
(1) The following requirements apply to industrial and commercial uses within the WP and SW Overlay Districts:
(a) Owners of facilities shall apply to the Zoning Officer for a Wellhead Protection Area Operating Permit within 180 days from the effective date of this Ordinance or before starting operation of a new facility. All permits shall be renewed annually thereafter. The permit application shall contain:
1) A list of all regulated substances, including their quantities, which are stored, handled, used, or produced at the facility being permitted. This information should be consistent with public disclosure and reporting requirements in the Superfund Amendments and Reauthorization Act of 1986 (SARA) Title III.
2) A detailed description of the activities conducted at the facility that involve the storage, handling, use, and/or production of regulated substances. Included with this information shall be a description of the containment structures for hazardous material storage.
3) A detailed description of disposal procedures for regulated substances and wastes and name, address, and telephone number of any waste haulers used.
4) A site map showing the location of the facility and its property boundaries and the locations where hazardous substances are stored, handled, used, and produced.
5) A contingency and emergency response plan that includes procedures to be followed to prevent, control, collect, and dispose of any accidental spill or unauthorized release of a hazardous material.
6) An environmental audit identifying areas of noncompliance with existing Federal, State, and local regulations concerning groundwater protection. A discussion of the plans to address areas of noncompliance must be included as part of the audit.
7) Prepare Best Management Practices (BMPs) and procedures for the daily in- house inspection and maintenance of areas where regulated substances are stored, handled, used, and/or produced. Such procedures shall be in writing and a log shall be kept of all inspection and maintenance activities. Such logs shall be available for inspection by the Zoning Officer.
8) A detailed description of how the facility plans to comply with Federal, State, and local stormwater regulations.
9) Provide a detailed description of how the facility plans to comply with the above design standards.
B. Underground Storage Tanks.
(1) The following operating requirements apply to underground storage tanks that hold regulated substances or fuel in the WP and SW Overlay Districts:
(a) Owners of underground storage tanks shall apply to the Zoning Officer for a Wellhead Protection Area Operating Permit within 180 days from the effective date of this Ordinance or before starting operation of a new tank. All permits shall be renewed annually thereafter. The permit application shall contain:
1) Description of the tank including age, size, and location at the facility.
2) Description of the type and quantity of material stored in the tank.
3) Documentation that the tank is in compliance with existing Federal, State, and local regulations including any leak tests performed on the tank.
4) Documentation that the tank is properly registered as required by Federal and State regulations.
(b) Leak detection systems shall be checked for evidence of a release at least every 30 days.
(c) Existing tanks shall be upgraded as required to meet applicable Federal and State regulations.
(d) Owners shall meet Federal and State requirements for release detection recordkeeping, reporting, and notification.
(e) Provide a detailed description of how the owners plan to comply with the above design standards.
C. Aboveground Storage, Tanks.
(1) The following operating requirements apply to aboveground storage tanks that hold fuel or regulated substances within the WP and SW Overlay Districts:
(a) Owners of aboveground storage tanks shall apply to the Zoning Officer for a Wellhead Protection Area Operating Permit within 180 days from the effective date of this Ordinance or before starting operation of a new tank. All permits shall be renewed annually thereafter. The permit application shall contain:
1) Description of the tank including age, size, and location at the facility.
2) Description of the type and quantity of material stored in the tank.
3) Documentation that the tank is in compliance with existing Federal, State, and local regulations.
4) Copy of Spill Prevention Response Plan consistent with applicable Federal and State regulations and requirements.
(b) Existing tanks shall be upgraded as required to meet applicable Federal and State regulations.
(c) Owners shall meet Federal and State requirements for release detection recordkeeping, reporting, and notification.
(d) Provide a detailed description of how the owners plan to comply with the above design standards.
D. Agricultural Operations. The following operating requirements apply to agricultural lands that operate within the WP and SW Overlay Districts:
(1) Owners of lands utilized for agricultural production shall comply with the Pennsylvania Nutrient Management Act, 3 Pa.C.S.A. §§ 501 et seq. and accompanying State regulations.
(2) Agricultural operations shall utilize integrated pest management techniques to minimize the risk to groundwater systems associated with the application of pesticides and herbicides.
(3) The Township may require proof of compliance with Federal pesticide regulations.
Cooks Creek Watershed Overlay District (CCW). Reserved for future use.
(Ord. passed 10-2-2007, § 516; Ord. 156, passed 4-27-2010, §§ 37–41; Ord. 179, passed 2-24-2015, Art. V; Ord. 191, passed 1-8-2019)