[Ord. 168, 4/15/2015, § 1]
The Board of Supervisors finds it in the best interest of the
residents of the Township, Northampton County, Pennsylvania, that
all persons or firms that engage in any business, home occupation,
or no-impact home-based business, as defined below in the Township,
are required to register and obtain a business registration certificate
from the Township for such purpose, so that the Township is informed
as to what businesses are in the Township and the extent of such business.
No business registration certificate shall be required of any political,
charitable, or religious establishment.
[Ord. 168, 4/15/2015, § 2]
As used in this Part, the following definitions shall apply:
Any trade, profession, vocation, service, construction, communication
or commercial activity, or making sales to persons or rendering services
for or attributable to any office or location in the Township, whether
for gain or profit or otherwise.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stock
piling or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors, and/or electrical/electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
[Ord. 168, 4/15/2015, § 3]
After the effective date of this Part, any person, firm, association,
or corporation desiring to conduct or continue to conduct any business,
home occupation or no-impact home-based business within the Township
shall file with the Township Zoning Officer or his designee an application
for a certificate to operate a business within the Township. Upon
the filing of a properly completed application and upon payment of
the fee, if applicable, and after review by the Zoning Officer, a
business registration certificate shall be issued to the applicant
to commence or continue the business designated in said application
if the business complies with the terms of this Part. In cases where
more than one place of business is conducted within the Township,
a separate business registration certificate shall be required and
issued for each place of business with a separate fee for each certificate
being issued. The issued business registration certificate shall be
conspicuously posted in the place of business for which such certificate
is issued.
[Ord. 168, 4/15/2015, § 4; as amended by A.O.]
Business registration certificate fees may be amended annually
within the Fee Schedule Resolution by the Board of Supervisors. A
fee in the amount as established, from time to time, by resolution
of the Board of Supervisors, shall be paid to secure a business registration
certificate for a business or home occupation as defined above. There
shall be no pro rata discount in the application fee for engaging
in business for less than the registration year. The certificate or
certificates shall be effective until June 30 of the year in which
issued. Business registration certificates not renewed within 30 days
after the due date shall, in addition to the yearly renewal fee, pay
a late fee in an amount as established, from time to time, by resolution
of the Board of Supervisors.
[Ord. 168, 4/15/2015, § 5]
The Township Zoning Officer or his designee is charged with
the duty of collecting and receiving the business registration certificate
fees imposed by this Part. It shall be his duty to keep a record showing
the amount received, from whom received, and the date of such receipt.
The Board of Supervisors is hereby empowered to prescribe, adopt or
promulgate rules or regulations relating to any matter pertaining
to the administration and enforcement of this Part and are charged
with enforcing the provisions of this Part and any rules and/or regulations
promulgated pursuit hereto. Any information as requested by the Township
Zoning Officer shall be submitted by the applicant at the time of
application.
[Ord. 168, 4/15/2015, § 6]
No business registration certificate shall be transferred by
the holder to any other person, business, or entity. The business
registration certificate holder shall notify the Township prior to
any termination of the business for which the business registration
certificate was issued, and no part of the business registration certificate
fee shall be refunded.
[Ord. 168, 4/15/2015, § 7]
In the event of any noncompliance with the provisions of this
Part after a business registration certificate has been issued, the
same may be revoked by order of the Township Zoning Officer until
the noncompliance has been corrected as determined by the Zoning Officer.
In the event of revocation, the business registration certificate
fee will not be refunded.
[Ord. 168, 4/15/2015, § 8]
If any person, firm, corporation, or occupant makes any false
or untrue statement on any application required by this Part or a
person authorized to file the application fails or refuses to file
a business registration certificate application as required by this
Part, or a person otherwise fails or refuses to comply with this Part
is in violation of this Part.
[Ord. 168, 4/15/2015, § 9; as amended by A.O.]
Any person, firm, corporation, or occupant who shall violate
or fail, neglect or refuse to comply with any of the provisions of
this Part, shall, upon conviction thereof in a Summary Proceeding
brought before a District Justice in the same manner provided for
the enforcement of Summary Offenses under the Pennsylvania Rules of
Criminal Procedure, be sentenced to pay a fine of not to exceed $300,
plus the cost of prosecution. For the purpose of this Part, every
day that a business operates without a business registration certificate
shall constitute a separate offense and notice to the offender shall
not be necessary in order to constitute an offense.
