Any application for a permit may be denied and any permit issued
may be suspended or revoked for any of the following causes:
A. Fraud or misrepresentation in any application for a permit.
B. Fraud, misrepresentation or other dishonesty or misconduct by the
permittee or his agents or employees performed during or in connection
with the carrying on of the permitted activities.
C. A violation of any provisions of this chapter.
D. Conviction of the applicant or permittee for any felony or misdemeanor.
E. Conducting the activities in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare or a violation of any of the ordinances,
rules or regulations of Marlborough Township or a violation of the
laws of the Commonwealth of Pennsylvania.
Any person aggrieved by the denial, revocation or suspension
of a permit may appeal to the Marlborough Township Board of Supervisors.
A. Where an application for a permit is denied, the applicant must,
if he desires a hearing in furtherance of an appeal from said denial,
so notify the Board of Supervisors in writing within 30 days after
receiving notice of the denial. The Board of Supervisors, upon the
receipt of applicant's notice of appeal, shall set a time and
place for a hearing to be held not more than 45 days following the
Board's receipt of applicant's notice of appeal. The applicant
shall be given written notice of the aforementioned hearing mailed
or delivered in person to the applicant not less than 10 days prior
thereto.
B. In the case of any proposed revocation or suspension of a permit,
the permittee shall be given written notice of the proposed revocation
or suspension and the grounds upon which it is based at least five
days prior to the date set by the Board of Supervisors for a hearing
of the proposed revocation or suspension.
C. Notices under this section may be served either personally or by
mailing a copy to the permittee or his authorized agent or representative
by certified mail, return receipt requested, at the permittee's
or the agent's last known address.
At the hearing, the permittee shall have the right to appear
and be heard, to be represented by an attorney, to present witnesses
in his own behalf, to cross-examine opposing witnesses, and to have
a permanent record made of the proceedings at his own expense. The
Board of Supervisors shall revoke or suspend the permit if they are
satisfied by a preponderance of the evidence that the permittee is
guilty of the acts charged.
The Board of Supervisors may authorize the issuance of a denied
permit or the reissuance of a revoked or suspended permit as provided
in this section if, after hearing, they are satisfied by clear and
convincing evidence that the conditions for issuing a previously denied
permit may have been met or that the acts which led to a suspension
or revocation will not occur again; otherwise, no person whose permit
has been denied, revoked or suspended, nor any person acting for him,
directly or indirectly, shall be issued or reissued another permit
to carry on the same activity.
The Board of Supervisors may make rules and regulations which
interpret or amplify any provision of this chapter for the purpose
of administering the provisions herein or making them more effective.
Except as might otherwise be permitted herein, no such rule or regulation
shall be inconsistent with or alter or amend any provision of this
chapter, and no rule or regulation shall impose any requirement which
is in addition to or greater than the requirements that are expressly
or by implication imposed by any provision of this chapter.