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Township of Straban, PA
Adams County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Straban: Art. I, 5-17-1993 as Ord. No. 48. Amendments noted where applicable.]
[Adopted 5-17-1993 by Ord. No. 48]
[Amended 10-3-2011 by Ord. No. 2011-03[1]]
The purpose of this article is to safeguard and protect the health, safety and welfare of the public in Straban Township by monitoring, licensing and regulating property in the Township which pursuant to the Zoning Ordinance (see Chapter 140) is permitted to be used for transitory or temporary stands, outlets, sales locations, display areas and/or temporary vendors, any of which is along the roads, streets, alleys, highways, or other passageways in the Township.
[1]
Editor's Note: This ordinance also changed the title of Art. I from Flea Markets to Temporary Vendors.
[Amended 10-3-2011 by Ord. No. 2011-03]
As used in this article, the following terms shall have the meanings indicated:
DELEGATE
For the purpose of this article, a delegate is the Township's Code Enforcement Officer or other person or entity named by the Board of Supervisors to act as a hearing officer and/or an enforcement authority with regard to the provisions of this article.
OWNER
Any person, firm, partnership, corporation, or other entity who or which is an owner, occupier, lessee or other possessor of land in Straban Township.
VENDOR
Any person, firm, partnership, corporation, or other entity offering for sale or inspection any goods and/or services from a stand, outlet, sales location, and/or display area on real estate not owned by that entity and for which there is no lease, agreement, term for years or other contractual relationship providing for full-time use and possession of the real estate or part thereof for those purposes.
[Amended 10-3-2011 by Ord. No. 2011-03]
No owner shall allow a vendor to locate on land of the owner without having first obtained a permit in accordance with this article.
[Amended 10-3-2011 by Ord. No. 2011-03]
An owner may obtain a permit from the Township for up to three vendors to locate on such land without a hearing before the Board of Supervisors or its delegate.
[Amended 10-3-2011 by Ord. No. 2011-03]
A. 
An owner who intends to allow more than three vendors on land of the owner at any time during a calendar year, consecutively or concurrently or a combination thereof, shall prior to obtaining such permit attend a hearing before the Board of Supervisors or its delegate to provide evidence with regard to the following:
(1) 
The size of each vendor's on-site enterprise.
(2) 
The size and capacity of off-street parking and the access to it.
(3) 
The access to and from the subject land where the vendors will be located and the street, road, alley, highway or other passageway which will be used by the public to get to the vendors.
(4) 
The anticipated maximum number of vehicles accessing the land at any given time.
(5) 
The provisions made for traffic control on the street, road, alley, highway or other passageway which will be used by the public to get to the vendors.
(6) 
Such other evidence as the Board of Supervisors or its delegate may have requested prior to the hearing that the applicant present to ensure the health, safety and welfare of the public.
B. 
If the applicant can demonstrate the grant of a highway occupancy permit by the Pennsylvania Department of Transportation that is sufficient for the volume of traffic for the land and for the vendors, then no further proof of the adequacy of access to the site [see Subsection A(5) above] will be required.
C. 
The burden of proof shall rest with the owner or the owner's authorized applicant to show that the granting of the permit will not cause a threat to the safety, health and welfare of the public. Members of the public shall have the right to participate in the hearing as parties if they have standing (as required in zoning proceedings), and members of the public shall have a reasonable opportunity to present comment on the application.
D. 
The Board of Supervisors, after a hearing before it or upon report from its delegate, may refuse the issuance of a permit where a threat to the health, safety and/or welfare of the public has been established.
E. 
Where an owner or an applicant authorized by the owner has presented evidence at a hearing in the past, has obtained a permit, has not been reported to have created a threat to the health, safety and/or welfare of the public, and has submitted an application for a subsequent permit for vendors on the same property, the permit may be granted without another hearing if the Board of Supervisors in its sole discretion so chooses.
[Amended 10-3-2011 by Ord. No. 2011-03]
An application for a permit shall be made on such forms as shall be prescribed and provided from time to time by the Township. Applications shall be submitted to the Township Secretary or the Code Enforcement Officer with the required fees. Until the fee is paid, no application shall be deemed to have been filed.
The township, at the applicant's expense, shall advertise the submission of the application where a hearing is required pursuant to § 94-5 hereof. No hearing shall be held prior to the 21st day after submission in order to allow sufficient time to notify the public of the hearing date.
[1]
Editor’s Note: Former § 94-8, Highway occupancy permit, was repealed 10-3-2011 by Ord. No. 2011-03.
The Board of Supervisors shall prescribe the fees to be charged for the application for a permit, for the hearing and for the issuance of the permit by resolution from time to time.[1]
[1]
Editor's Note: The current fee schedule is on file in the office of the Township Secretary and is available for inspection during regular business hours.
The owner, occupier, lessee or other occupant of land who has obtained a permit hereunder shall reapply for a permit upon the happening of any of the following events:
A. 
The expiration of the permit on December 31 of each calendar year.
B. 
The addition or substitution of any vendor.
C. 
The expansion in the size of space allotted to a vendor or the expansion of the vendor's product line.
D. 
An increase in traffic to such land beyond that contained in the evidence presented at a hearing required by § 94-5 hereof.
Any person, firm, partnership, corporation or other entity found to be in violation of this Article after a hearing before a District Justice shall pay a fine of no more than $600, or in default of payment thereof, shall be sentenced to imprisonment in the county jail for a period not exceeding 30 days.