[HISTORY: Adopted by the of the Board of Supervisors of Franklin
Township as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-10-2004 by Ord. No. 2004-04]
The purpose of this article is to safeguard and protect the health,
safety and welfare of the public travelling on that highway known as Route
30 in Franklin Township by monitoring and regulating property owners along
Route 30 who conduct or permit the location of yard sales and/or flea markets
where the access to the market and/or sale is from Route 30.
When used in this article, the following words shall have the meanings
hereinafter provided:
The offering for sale of merchandise or goods to the general public
by two or more vendors, at least one of whom is not the owner of the property
on which the offering is made. Excluded from the definition of "flea market"
are establishments conducting business throughout the year that are recognized
by the zoning laws of Franklin Township as retail store or shop and located
within a zoning district that permits retail store or shop uses.
Any person, firm, partnership, corporation, association or other
entity that owns or has a possessory interest in real estate that abuts Route
30 or that has direct access to or from Route 30.
State Route 30, running generally in an east-west direction through
the Township.
The offering for sale of any goods and/or services when the offering
is not a principal use that is recognized and permitted by the Township's
Zoning Ordinance[1] as a use permitted by right on that property.
No owner shall permit a flea market and/or yard sale to be conducted
without first having obtained a permit in accordance with this article.
Application for a yard sale or a flea market permit shall be made on
such form or forms as shall be prescribed by Franklin Township. The completed
application form(s) shall be submitted to the Township's Zoning Officer,
together with such fees as may be prescribed from time to time by resolution
of the Board of Supervisors.
No permit shall be issued by the Zoning Officer unless the applicant
has proven compliance with the following:
A.
There is sufficient off-street parking available on the
owner's property to accommodate all of the vehicles reasonably expected
to be stopped at the site at any given time;
B.
That the access to the parking area is by way of a driveway
or access road recognized by the Pennsylvania Department of Transportation
as a permitted driveway or accessway;
Any owner aggrieved by a denial of a permit application by the Zoning
Officer shall have the right to a hearing before the Board of Supervisors.
At such hearing, the burden shall be on the applicant to show that the requirements
of this article have been or will be met.
Any person, firm, partnership, corporation, association or other entity
found to be in violation of this article by a District Justice shall pay a
fine in accordance with the penalty provisions for ordinance violations as
found in the Pennsylvania Second Class Township Code (53 P.S. § 65101
et seq., as amended). Each day that a flea market and/or sale is allowed to
occur by an owner in violation of this article shall be a separate offense.
