Greene Twp. officials respond to community members’ claims
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LOGANTON -- The Greene Township Board of Supervisors released a statement regarding claims made by community members and business owners that accuse the township of hindering progress for various projects and agricultural endeavors.
Due to its length, The Express edited the statement to fit properly in its print edition. For the complete statement visit bit.ly/4co9dem
SALDO WAIVER
According to the release from the board, during its regular meeting in June, Nicholas Meat LLC presented a letter requesting the township waive certain financial requirements from its Subdivision and Land Development Ordinance (SALDO) for the business's Sustainable Resource Facility project (SRF).
Following its review, Supervisor Robert Bressler presented the township's position stating, "Nicholas Meat's situation is not about financial security for the SRF Project, which is what you told the public. The situation is your domestic sewage. This problem goes back six years to 2018."
According to Bressler, in 2018 "it was shown by DEP and the Township Sewage Enforcement Officer that the domestic sewage for Nicholas Meat at that time was found to be inadequate for the number of employees... at that time Nicholas Meat was permitted a 20,000-gallon domestic holding tank for the overflow of sewage and... DEP instructed the township not to issue any building permits that would include restrooms and increase the flow of domestic sewage. The holding tank was termed to be temporary."
Bressler said the question came to what "temporary" meant and how long it would last.
"The township has compromised and done everything in its power to assist you to complete your Sustainable Resource Facility Project. Your problem at present is not with the township, but rather with PADEP," Bressler said.
Bressler noted Nicholas Meat's sewage planning module was approved by DEP in January 2023.
"You must have a design and an application submitted to DEP to obtain your sewage permit. It has been 17 months and there has been no design, no permit application, nothing submitted to DEP, which is the next step in the process to obtain a permit," Bressler said. "The gentlemen at DEP responsible for sewage are Tom Randis and Rob Everett. They have stated that they would never hold the township responsible to complete your project of domestic sewage, however, neither one of them has put that in writing and neither one of them will."
"We as township supervisors can offer you a couple of options, but the first thing you must do is to complete your design and application to PADEP. The issue is between you and DEP, and you have thrown the township under the bus and we are not staying there," Bressler continued.
Bressler said the meeting agendas from the last year have noted "Nicholas Meat LLC Sewage Disposal Plan" under its unfinished business.
"DEP has told us repeatedly that they have not heard from you. When your design is submitted with your application to DEP. We understand that the review process with no revisions could take as long as 9 months to be approved," Bressler said. "If DEP proposes revisions, it will take longer. PADEP Act 537 deals with the Planning modules that Nicholas Meat has completed and also the construction of the domestic sewage facility."
Bressler affirmed the township's position that a waiver for financial security is unnecessary.
"There is no reason to be here asking for a waiver for financial security because there is no design, there is no estimate and you have done some site work which changes the scope of your project," he said.
"There is no need for Nicholas Meat to come back and be on the agenda with the township and asking for waivers from the township for financial security. There is no design in front of us; there is no estimate of what this facility would cost. If you choose to go the route of not obtaining the equipment and getting it on site, then the township can be held responsible for finishing the project," Bressler continued. "As long as that possibility exists, however remote it may be, this board of supervisors... would be completely out of line to expect the taxpayers and residents of Greene Township to assume that bill."
"I use the word potentially and I use the word possibly and I use the word remotely, but they exist and we are not going to put the residents of the township in that position," he concluded.
Township Solicitor, Scott T. Williams, commented this is the first waiver letter ever to be presented to the township.
"As far as the Domestic Sewage Facilities, there is a potential liability to the Township should DEP enforce implementation of the 537 Plan," Williams said.
BONDING ROADS
On the issue of bonding roads for over-posted weight usage, it was noted the township adopted a Weight Limit Ordinance on July 6, 2021.
Section 5(B) the Ordinance states that "local traffic, as defined herein, may be exempted from the restrictions imposed under Section A. However, if the board of supervisors determines that any local traffic is likely to damage the road, the board of supervisors will so notify the registrants of the motor vehicle or combination by certified mail, return receipt requested and will also notify the Pennsylvania State Police."
Schrack Farms uses tractor trailers to haul liquid manure. Nicholas Farms uses tractor trailers to haul FPR (Food Product Residue).
According to township officials, it requested Nicholas Meat bond Brungard and Snook roads for 1.83 miles and Schrack Farms to bond Rockey, Pine-Loganton and Fourth Gap roads for six miles.
Supervisor Rodney Weaver reviewed the PennDOT Publication 221 Posting and Bonding of Municipal Roads that says if the board determines local traffic is likely to damage the road, supervisors may ask the hauler to bond it.
Weaver was approached by Jim Harbach, who questioned bonding for hauling liquid manure with a tanker trailer (80,000 pounds) with as many as 100 loads.
According to the release, the township's position was a road bond would be required based on road damage done in 2022 with the same type of tractor trailer using the road multiple times a day for a week or more.
Since that time, the township has looked into the weight of a 4-axle manure spreader with a gross weight of 130,000 pounds and an estimated 9,500 pounds capacity. The township maintains the need for a road bond for potential damages due to the number of trips and excessive weight of equipment, the release said.
Williams explained that, while the township ordinance makes an exception for local deliveries, there is an exception to the exception which allows the board to determine local traffic could damage the road.
According to the Excess Maintenance Agreement Application for a road bond, it clarifies the name of the road to be bonded, the distance of the road to be bonded and the vehicles that are going to be on that road.
The agreement requires an inspection of the road before the use of the overweight vehicles and an inspection before the bond is released. The state sets the cost to $12,500 for paved roads and $6,000 for dirt roads, which is reflected in the ordinance.
There are three types of bonds that could be used:
1. Cash bond. A cash bond could be put into an interest-bearing account.
2. An Irrevocable Line of Credit from a bank to the Township.
3. Surety Bond: A surety bond is issued by a bonding company. They charge a fee, and the fee is based on or around 3% of the bond.
The township uses Tom Lyons of Municipal Solutions for road bonding applications.
Lyons videos the road before an application is accepted and the road prior to release of the bond.
"Again, the township is trying to be consistent. Presently, it costs the township $102,000 to pave one mile of road. To replace a bridge is around $200,000," the release said.
Farming equipment weight has increased over the past 30 years bringing them within scope of the ordinance.
Weaver stated, "Is it fair for the residents of the township to have to pay for fixing a road damaged by a farmer, or any overweight vehicle?"
The board referenced the press conference held by farmers and business owners in June where Coreena Meyers, a local dairy farmer and business owner, quoted the Lancaster Farmer.
"Ms. Meyers quoted the Lancaster Farmer stating that if damage is done to the township roads, it is likely caused by truck traffic that is diverted from I-80," the release said. "The township maintains that the truck traffic that is diverted from I-80 very seldom, if ever, would travel on a township road as we have state roads running parallel through Greene Township."
STORMWATER
The Second Class Township Code, and where applicable, Act 167 (The Pennsylvania Stormwater Management Act of Oct. 4, 1978) allows the township to enact a stormwater management ordinance. The state statute requires municipalities to adopt a stormwater ordinance.
In 2007, Greene Township Supervisors adopted Fishing Creek/Cedar Run Watershed Act 167 Stormwater Management Ordinance.
Part of the requirement of the previous Stormwater Ordinance was construction greater than 1,000 square feet was subject to the ordinance. This was increased to 5,000 square feet.
The township records show there were over 50 Zoning Permits issued in 2023. Of that number, two applicants needed stormwater in order to build. Township Engineer Todd Pysher reviews the application and, in the past, has made recommendations/suggestions to the applicant so that exemptions are possible simply by changing the plan.
"The township maintains that the Stormwater Ordinance adopted on Oct. 4, 2022 will be enforced as mandated by the State of Pennsylvania," the release from the township states. "Some residents, through media, have targeted the township as not "friendly" to agriculture and that is simply not true."
"What is true is that there are many state statutes that the township has no control over other than to adopt the ordinances," the release said.
Township officials noted another problem -- the zoning ordinance and SALDO were adopted in 2007 but not enforced.
"This board of supervisors is enforcing the ordinances that were in place when they took office," the release said.
Officials acknowledged Meyers' statement that a Stormwater Ordinance is not necessary.
"Our township does not need stormwater regulation. The township encouraged her to send her complaint to the Attorney General's Office as only a farmer could file a complaint with that office," the release said.
Rob Willig, Senior Deputy Attorney General, forwarded a letter to the township on Dec. 27, 2023, setting forth needed changes in the ordinances regarding ACRE.
According to township officials those recommendations were:
-- Stormwater Ordinance Remove the Timber Harvest portion and replace it with Penn State's model Timber Harvest Ordinance as a standalone ordinance.
-- CAO & CAFO definitions in (the) Ordinance. The definitions for CAO & CAFO are reversed and need to be amended.
"This board did not write them (the 2007 board did)," the release said. "Those recommendations are with our township solicitor to proceed with the changes per the Sunshine Law."
The rest of Meyers' complaint is with Willig, the release said.
The township acknowledged two more ACRE complaints were given to the Attorney General.
This included one related to the zoning process from Harbach.
"Mr. Willig replied with a letter dated May 23, 2024 stating that Mr. Harbach was able to build his barn with township approval prior to filing his ACRE request with the office," the release said. The second was a complaint Gene Nicholas -- owner of Nicholas Meat -- regarding bonding of roads. The township has not received a response as of June 4 related to this matter.
To address some of these matters, the board added two summary pages to their zoning application that will help determine stormwater or land development when applying for a zoning permit.