[HISTORY: Adopted by the Township Committee of the Township of Delanco
6-16-1980 by Ord. No. 6-1980. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any use of the facilities based upon the payment of a fee, whether
it be by way of entrance fee, membership dues or other form of contribution.
Includes a privately owned park, bathing or swimming facility, lake,
golf course, picnic grove, riding academy or a facility of like nature which
is open to the general public upon the payment of a prescribed fee charged
for the use of the facilities involved.
The Township of Delanco within the County of Burlington and State
of New Jersey.
No person, firm or corporation shall operate a public outdoor recreational
facility within the township without a lawfully issued permit as provided
for under the provisions of this chapter.
A.
Form. A person, firm or corporation desiring a permit
under the provisions of this chapter shall file an application in triplicate
on a township-approved form to the Township Clerk of the Township of Delanco,
together with the prescribed fee elsewhere herein established.
B.
Public hearing. The Township Clerk, upon receipt of a
properly completed application form, shall cause the question of the issuance
of the license herein specified to be placed upon the agenda of the next regularly
scheduled Township Committee meeting, provided that sufficient time is available
subsequent to the receipt of the application during which the applicant can
cause notice of the pendency of the application to be published, or the Township
Clerk shall schedule the hearing for a date which allows sufficient time for
the publication required herein. The applicant shall cause a notice of the
hearing to be published in a newspaper of general circulation within the community
at least 10 days prior to the date scheduled for the hearing. Publication
shall be deemed jurisdictional to the ability of the Township Committee to
take action upon the application.
C.
Action. The Township Committee on the date set by the
Township Clerk shall hold a public hearing and consider the testimony by the
applicant and any interested party on the application. At the conclusion of
the public hearing either on the date specified for its commencement, or any
adjourned date thereof, or within 30 days after the close of all public hearings,
the Township Committee shall by resolution either grant or deny the permit
requested. In the event that a permit is granted it may either be with or
without condition designed to effectuate the regulations hereinafter set forth.
E.
Term. A permit issued under the provisions of this chapter
shall be valid from the date of issuance until April 1 of the next succeeding
year. An applicant seeking renewal of an existing permit shall make annual
application therefor in the same fashion as an original application.
Any permittee under the provisions of this chapter shall comply with
the following regulations:
A.
Noise. The sound pressure of any use (not including ambient
noises not under the control of the operator of the use) shall not exceed
65 dBa between 7:00 a.m. and 10:00 p.m. nor 50 dBa between 10:00 p.m. and
7:00 a.m. on any point on the property line of the lots outside the lots upon
which the permitted activity is located, such that decibel levels (decibels
- 10 loa P1 where P2 is the referenced quality of 0.002 dyne/cm2.
Sound pressure is to be measured according to the specifications published
by the American Standard Assn.) in the designed octave band shown below, (except
for emergency alarm signals, subject to the following corrections: subtract
five decibels for pulsating or periodic noises, add five decibels for noise
sources operating less than 20% percent of any one-hour period) shall be the
maximum allowable sound pressure levels unless more restrictive requirements
are established by county, state or federal agencies.
|
dBa Along residence
District Boundaries
| ||||
|---|---|---|---|---|
|
Octave Band Cycles per second
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
dBa Along Business District Boundaries
| |
|
0 to 124
|
65
|
50
|
65
| |
|
125 to 249
|
58
|
44
|
62
| |
|
250 to 499
|
53
|
39
|
59
| |
|
500 to 999
|
46
|
35
|
53
| |
|
1,000 to 2,400
|
40
|
30
|
47
| |
|
2,400 to 4,800
|
34
|
26
|
41
| |
|
Above 4,800
|
32
|
24
|
39
| |
B.
Hours of operation. No permittee under the provision
of this chapter shall operate his or her facility between the hours of 12:00
midnight and 6:00 a.m. prevailing time.
C.
Fencing. A permittee under this chapter shall provide
a fence or barrier enclosing the location of sufficient height and strength
to prevent people from wandering onto adjacent properties not under the control
of the permittee. The barrier shall have at least three gates in order to
provide access to and from the facility.
D.
Potable water. A permittee under this chapter shall provide
potable water meeting all federal and state requirements for purities sufficient
to provide drinking water for the estimated maximum number of people to be
assembled in accordance with requirements of the County Board of Health.
E.
Sanitary facilities. The applicant shall provide separate
enclosed toilets for males and females meeting all state and local specifications
and conveniently located throughout the grounds sufficient to provide facilities
for the estimated maximum number of people to be assembled in accordance with
requirements of the County Board of Health.
F.
Solid waste. The permittee under this chapter shall provide
a sanitary method of disposing of solid waste in compliance with state and
local laws and regulations sufficient to dispose of solid waste production
emanating from the tract at a rate of at least 2.5 pounds of solid waste per
pounds of solid waste per person per day, together with a plan for holding
and a plan for collecting all such waste at least once each day during the
operation of the facilities and sufficient trash cans and personnel to perform
the task.
G.
Lighting. For those areas of the facility regulated under
the provisions of this chapter used during hours of darkness, illumination
sufficient to light the entire area being used at the rate of at least five
footcandles, but not shine unreasonably beyond the barriers of the enclosed
area shall be provided.
H.
Parking. A permittee under the provisions of this chapter shall provide within the grounds enclosed by the fence or barrier required under Subsection C above, adequate free parking area to accommodate the maximum number of people assembled within the facility during normal business activities. As a general guide, the permittee shall providing parking space at the rate of at lease one parking space for every 10 persons unless the applicant or the township can demonstrate that a lesser ratio or greater ratio is required.
I.
Telephone service. The permittee shall within the grounds enclosed by the fence or barrier required under Subsection C above have three public phones connected to outside lines.
J.
Security.
(1)
It shall be the responsibility of the permittee licensed
under the provisions of this chapter to provide at his or her expense adequate
security on-site to maintain order and to prevent situations during which
riotous or moblike activities endanger the health, safety or welfare of those
making use of the facility or the public at large. In meeting this requirement,
the permittee as a minimum shall employ security guards, either regularly
employed duly sworn off-duty New Jersey peace officers, or private guards
licensed in New Jersey in accordance with the following standard:
(2)
In addition to the above, the permittee shall at all
times that the facility is open for use have properly trained employees sufficiently
identifiable from the general public through the use of badges, insignias
or uniforms, to maintain order. The permittee shall record with the Police
Department of the Township of Delanco the names of all security personnel
being utilized by the permittee. In meeting the above standard, the permittee
shall not be permitted to employ members of Delanco Township Police Department.
The permittee shall have the right, where inclement weather conditions indicate
that less than the required security forces listed above are necessary, to
reduce the number specified above upon notification of the Police Department
of this fact.
K.
Fire protection. The permittee shall maintain fire protection,
including alarms, extinguishing devices, fire lanes and escapes sufficient
to meet all state and local standards for the facility being licensed under
the provisions of this chapter, as set forth in the statutes of the State
of New Jersey and the ordinances of the Township of Delanco.
L.
Public conduct. It shall be the responsibility of the
permittee to prohibit and to control unlawful, boisterous, immoral or improper
conduct upon the premises being licensed by this facility. The sale of alcoholic
beverages shall be prohibited. Any behavioral problems which are the product
of the consumption of alcoholic beverages which constitute disorderly conduct
leading to a situation dangerous to life or property shall constitute a violation
of the permit issued under the provisions of this chapter.
A.
Generally. A permittee under the provisions of this chapter holds said permit subject to compliance with the regulations set forth in § 80-4 above. Any material violations of the regulations may subject the permittee to the revocation or suspension of the permit issued under the provisions of this chapter and, further, shall constitute a proper basis upon which the Township Committee may refuse to reissue a permit to the permittee.
B.
Temporary suspension. The Chief of Police of the Police Department of the Township of Delanco, or his or her designate, shall have the right to temporarily suspend the permit issued under the provisions of this chapter pending a hearing where he or she or his or her designate shall determine that conditions exist upon the premises for which a permit has been issued which have or are likely to create an immediate danger to life or property through uncontrolled moblike or riotous activity. Within 24 hours from the date that the Chief of Police, or his or her designate, shall take action pursuant to this subsection, the permittee shall be entitled to a hearing before the Township Committee to determine whether probable cause existed that the standards set forth above were or were about to be violated. The Chief of Police, or his or her designate, shall notify the Township Clerk of action pursuant to this subsection within a reasonable time from taking action pursuant to its provisions, and the Township Clerk, after consultation with the Mayor, shall notify the permittee of the time, date and place of the hearing herein provided. The permit suspended pursuant to this subsection shall remain suspended until such time as a hearing is conducted, at which point it may be further suspended pending a formal hearing under the provisions of Subsection C below. The permittee may waive his or her rights to a hearing under this subsection and instead rely upon a hearing afforded pursuant to Subsection C(1)(c).
C.
Hearing procedure.
(1)
Generally. The Township Committee, when it determines that a permittee under the provisions of this chapter may have violated one of the regulations set forth under § 80-4 above, may, or, when the provisions of Subsection B above have been employed, shall schedule a public hearing before the Township Committee to determine whether in fact such a violation has occurred.
(2)
Notice. At least 14 days prior to the date scheduled for the hearing, the Township Committee shall send a notice to the permittee at the address specified within his or her application for notice of the date, time and place of the hearing being scheduled by the Township Committee. Accompanying the notice shall be a brief statement of the factual basis upon which the Township Committee believes that a violation of any of the regulations set forth in § 80-4 is or has occurred. No further notice shall be required.
(3)
Hearing. The Township Committee, pursuant to the Municipal
Investigation Act, shall hold an administrative hearing, examine witnesses
and determine factually the events which occurred which are the basis for
the belief that a violation has occurred. The permittee shall have the right
to be present and be represented by counsel at the hearing. The permittee
may present witnesses, cross-examine witnesses and in general present evidence
to the Township Committee on the issues involved. The public hearing may be
adjourned to a date certain by the Township Committee in the event that the
hearing cannot be concluded on the initial date specified without a requirement
of further notice.
(4)
Action. The Township Committee, at the conclusion of the hearing specified above, shall by written resolution enter findings of fact and conclusions of law on the issues on which the hearing was held. In the event that the Township Committee shall conclude that the permittee is in violation of the regulations specified under § 80-4 above, the Township Committee may take any of the following actions:
(a)
Revocation. The Township Committee may revoke the permit
issued where it determines that a material violation of the regulations has
occurred. In the event that subsequent to revocation the permittee or his
or her successor resubmits an application for a permit for the licensed premises,
the permittee or his or her successor shall show cause during the public hearing
scheduled on that application why the material violation by the Township Committee
to be a basis for revocation will not occur in the future. In the event that
the Township Committee shall after the hearing determine that there is an
insufficient basis for the conclusion that the permittee or his or her successor
may not again violate the regulations specified, they shall deny the permit
request.
(b)
Suspension. The Township Committee may suspend the permit
issued pursuant to the provisions of this chapter for a period of time up
to the remaining term existing under the permit in question.
The Township Committee and the Police Department of the Township of
Delanco shall be the enforcement agents of the provisions of this chapter.
This chapter shall become effective upon proper passage and publication as required by law; provided that no person, firm or corporation shall be deemed in violation of this chapter for a period of 60 days after the effective date thereof if within 20 days of its effective date an application is filed with the Township Clerk for a permit as specified under § 80-3 above. In the event that an application is denied within the sixty-day period, this chapter as it affects the rights of the applicant shall be deemed enforceable on the day subsequent to notice to the applicant of the denial. Further, any person, firm or corporation which is subject to the provisions of this chapter who shall, prior to the effective date hereof, be in possession or ownership of a facility herein regulated may continue to operate said facility pending approval or rejection of his or her application for a permit.
