[HISTORY: Adopted by the Board of Supervisors of Chadds Ford
Township 11-2-2016 by Ord. No.
144. Amendments noted where applicable.]
This chapter establishes the permit requirements and regulations
for special events to be held in Chadds Ford Township in order to
properly provide for public health, safety and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person or any sponsoring organization seeking a special
event permit from the Township in order to conduct or sponsor an event
governed by this chapter. This term shall include, in the case of
an organization applying for a special event permit, an individual
designated by such organization as the responsible contact person.
A use:
Any auxiliary lighting, portable toilet, first aid station,
cooking structure, food or beverage location, inflatable, generator,
tent, canopy or removable structure.
The Township Manager of Chadds Ford Township or his/her designee.
No special event may be conducted without first having obtained
a special event permit from Chadds Ford Township.
A special event permit is not required for the following:
A.
State or federally sponsored parades or events.
B.
Funeral processions and memorial services.
C.
Any special event sponsored by the Township, whether or not occurring
exclusively on Township property.
D.
First Amendment activity on public property that does not obstruct
Township streets or sidewalks nor compromise the ability of the Township
or first responders to respond to an emergency.
The permit fee shall be established by resolution in an amount
determined by the Board of Supervisors.
Any person or organization intending to conduct or sponsor a
special event shall apply to the Township with a special event permit
at least 60 days prior to the date of the proposed event. The following
information shall be included in the application and subject to review
by the Township Manager, Board of Supervisors, Fire Marshal, Zoning
Officer, Building Inspector, and/or any Township official the Township
Manager deems necessary:
B.
Name, address and cell phone number for the point person of contact
for the special event of the sponsoring organization or individual.
C.
Proposed date(s), location and hours of operation.
D.
Schedule of proposed special event.
E.
The estimated number of participants or spectators.
F.
A site plan, including, but not limited to, the location of the special
event, including its boundaries, the locations of any facilities,
sound amplification equipment, emergency exits, vehicular entrances
and exits, locations of traffic cones or barricades, all parking locations
and shuttle bus routes, and parade or race routes (including organizing
and disbanding areas).
G.
Signage plan, including, but not limited to, the location, type,
and removal date of each sign to be placed in Chadds Ford Township.
H.
A narrative outlining security, traffic, crowd control measures,
emergency vehicle access, emergency evacuation or shelter in place
plan and such other necessary preparations as the event might require.
I.
PLCB written approval, if required.
J.
A letter from the property owner authorizing such activity, if the
owner is not the sponsor of the special event.
K.
Pennsylvania Department of Agriculture temporary food facility license,
if applicable. (Note: if the event is three or fewer days, it is exempt
from licensure.)
L.
A certificate of insurance, along with all required endorsements,
naming the Township as additional insured.
M.
Any supplemental information deemed necessary to determine whether
a special event permit shall be issued.
N.
The applicable permit fee.
O.
A signed reimbursement agreement by the applicant for any professional
time spent on reviews, inspections or work necessary prior, during
and after the event.
P.
Any other permits as required by the Township.
Prior to the issuance of a special event, the permit applicant
and an authorized officer of the sponsoring organization, if any,
must sign an agreement to reimburse Chadds Ford Township for any costs
incurred by it in repairing damage to Township property occurring
in connection with the permitted event proximately caused by the actions
of the permittee, its officers, employees or agents or any person
who was under the permittee's control insofar as permitted by
law. The agreement shall also provide that the permittee shall defend
the Township against and indemnify and hold the Township harmless
from any liability to any persons resulting from any damage or injury
occurring in connection with the permitted event proximately caused
by the actions of the permittee, its officers, employees or agents
or any person who was under the permittee's control insofar as
permitted by law. Persons who merely join in a parade event are not
considered by that reason alone to be under the control of the permittee.
A.
The applicant for a special event permit must possess or obtain public
liability insurance to protect against loss from liability imposed
by law for damages on account of bodily injury and property damage
arising from or connected to the event. Such insurance shall name
Chadds Ford Township, its officers, employees and agents as additional
insureds. Coverage shall be a comprehensive general liability insurance
policy. The following minimum limits shall be required:
(1)
Five hundred thousand dollars for each person for bodily injury;
$1,000,000 for each occurrence of bodily injury; and $250,000 for
each occurrence of property damage; or
(2)
One million dollars for each occurrence of combined single limit
bodily injury and property damage.
(3)
If food or nonalcoholic beverages are sold or served at the event,
the policy must also include an endorsement for products liability
in an amount not less than $500,000. If alcoholic beverages are sold
or served at the event, the policy must also include an endorsement
for liquor liability in an amount not less than $500,000.
B.
A copy of the policy or a certificate of insurance, along with all
necessary endorsements, must be filed with the Township no less than
10 days before the date of the special event.
The Township shall act upon a completed application for a special
event within 45 days after receipt of a completed application thereof.
All applications will be discussed at an advertised Board of Supervisors
Meeting. The applicant shall produce evidence satisfactory to the
Township of notification to all abutting property owners and those
residents within 500 feet of the property holding the special event
prior to the date of the application's discussion at the Board
of Supervisors meeting. If the application is approved, the Township
Manager shall issue a special event permit in writing, upon agreement
by the applicant, to the terms and conditions of the permit. If the
application is disapproved, a notice shall be mailed to the applicant
and shall include the reasons for denial of the permit and the procedure
for appeal.
After review of the application, the Board of Supervisors may:
A.
Approve a special events application in writing with possible conditions
as it deems necessary; or
B.
Deny a special event permit for reasons including but not limited
to:
(1)
The special event would interrupt the safe and orderly movement of
vehicular traffic on streets or commercial parking lots so as to create
a real and present danger to the health, safety and welfare of the
residents of Chadds Ford Township or the traveling public.
(2)
The special event will pose a real and present danger to the general
health, safety and welfare of the citizens of Chadds Ford Township
by preventing firefighting equipment, ambulance service, rescue vehicles
or other public safety vehicles from reaching any person or property
in Chadds Ford Township.
(3)
The special event will cause undue hardship to adjacent businesses
or residents or will require the diversion of public employees such
that their absence from their usual assignments would pose a danger
to the residents of Chadds Ford Township.
(4)
The application contains incomplete or inaccurate information.
(5)
The applicant has failed to comply with the terms of this chapter,
including failure to remit all fees.
Immediately upon the issuance of the special event permit, the
Township Manager shall, if applicable, send a copy of the permit to
the following:
The applicant shall have the sole responsibility of clearing
the special event location of any rubbish and debris and returning
it to its pre-event condition within 48 hours of the conclusion of
the event. If the applicant fails to do so, the Township shall have
grounds to deny future permit applications or require applicant or
sponsoring organization to pay all costs from any previous event that
are outstanding and post a deposit to cover estimated costs going
forward.
Reasons for revocation of a special event permit, include, but
are not limited to:
A.
Application contains incomplete or inaccurate information.
B.
Applicant fails to comply with the terms and conditions of the permit.
C.
Applicant fails to arrange for or pay all fees.
D.
Disaster, public calamity, riot or other emergency exists.
E.
Noncompliance with existing Chadds Ford Township codes.
Any applicant whose special event permit application has been
denied or revoked may appeal the decision to the Delaware County Court
of Common Pleas.
Any person, firm, corporation or other entity which violates
any of the provisions of this chapter shall, after a hearing before
a District Justice, be subjected to a fine not exceeding $500 per
day for each day of violation, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement
of this chapter. Each day a violation exists shall constitute a separate
offense. Further, the appropriate officers or agents of the Township
are hereby authorized to seek equitable relief, including injunction,
to enforce compliance with this chapter.
