[HISTORY: Adopted by the Board of Supervisors of the Township of West Hanover 5-7-2018 by Ord. No. 2018-04. Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 92.
A. 
As used in this chapter, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
AUTHORIZATION
License, permit or registration.
PERSON
Any natural person, partnership, association, corporation or other legal entity.
SPECIAL EVENT
A temporary event held by a property owner or business owner as a temporary accessory use involving assemblies of people of 150 or more (not involving retail sales), such as but not limited to grand openings, promotions, vehicle shows, fairs, festivals, concerts, athletic events, street fairs, art and craft shows, soapbox derbies, rallies, indoor or outdoor concerts.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
No person shall engage in any special event within West Hanover Township without first having obtained from the Zoning Administrator or his designee a license, for which a fee shall be charged per the fee resolution approved by the Board of Supervisors.
No license fee shall be charged for:
A. 
Funeral processions.
B. 
Wedding processions.
C. 
Activities of government agencies.
D. 
Block parties authorized by the Board of Supervisors.
E. 
First Amendment activities.
F. 
Residential personal parties.
Every person desiring a license under this chapter shall first make application to the Zoning Administrator or his designee for such license. They shall, when making such application, exhibit a valid driver's license from any state and appropriate documents and certificates from other county or state agencies. The applicant shall provide:
A. 
A statement as to whether or not the applicant has ever been convicted of any crime, and if so, the nature of the offense or offenses and the punishment imposed therefor.
B. 
Permanent address.
C. 
Length of time for which the license is to be issued: date on which the special event will commence and the date on which such activities will terminate.
D. 
Where a person makes application for himself and one or more agents, employees and/or helpers, all applicable personal information, including valid driver's licenses, specified above, shall be given for each agent, employee and helper.
E. 
Evidence of safe ingress and egress from streets if business is conducted from a stationary location, per PennDOT Chapter 441.8.c and Zoning Ordinance § 195-138F.
F. 
If food or beverages are sold, the applicant shall obtain a mobile merchant license required by Chapter 182.
G. 
Written permission of the property owner for any location to be used for a special event.
H. 
A site plan that identifies the location on site where the special event will be held and meets the requirements of § 183-6O.
I. 
A statement on the number of persons expected to attend such event.
J. 
Restroom facilities.
Upon receipt of such application and the prescribed fee, the Zoning Administrator, or his designee, if he shall find such application in order, shall issue the license required under this chapter. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person or shall display such license at the location where they shall engage in such business if doing so at a fixed location. They shall present such license, upon request, to all police officers, municipal officials and citizens or residents of West Hanover Township. A fee, as set forth from time to time by the Board of Supervisors, shall be required for each renewal license.
Special events shall meet the following requirements:
A. 
Events such as but not limited to grand openings, promotions, vehicle shows: Commercial Highway (CH), Interchange (I), and Industrial Enterprise (IE) Zoning Districts.
B. 
Events such as but not limited to fairs, festivals, concerts and special events held by wineries shall be permitted in Flexible Rural Agriculture (FRA), Business Enterprise (BE), Neighbor Commercial (NC), Commercial Highway (CH), Interchange (I), and Industrial Enterprise (IE) Zoning Districts.
C. 
The use shall not obstruct safe sight distance for streets or driveways in accordance with § 195-138J and the Subdivision and Land Development Ordinance, Chapter 173.
D. 
A permanent access for the business is required for a special event. However, access to and from the special event may also be by temporary driveway entrance when a permanent access is not feasible. The temporary access shall be clearly defined with signage. Such temporary driveway shall be able to accommodate emergency vehicles. There shall be no parking within 10 feet of the temporary driveway entrance and exits.
E. 
Traffic control shall be provided in accordance with Chapter 212 of the Pennsylvania Vehicle Code for 100 or more event trips in accordance with the Subdivision and Land Development Ordinance, Article IX, Traffic Impact Studies, § 173-67.
F. 
Shall be limited to one consecutive week.
G. 
Shall be held between the hours of 9:00 a.m. and 10:00 p.m.
H. 
There shall be no more than 12 special events in a calendar year.
I. 
Any temporary signs visible from the street shall comply with § 195-150U of the Zoning Ordinance.
J. 
Permitted uses listed in Chapter 195, Article XVI, can be within a fifty-foot setback in the environmental protection overlays. All other uses associated with the special event shall be 50 feet from any stream, wetlands, steep slopes, lake or pond or in accordance with Article XVI of Chapter 195.
K. 
Parking is permitted in the grass, provided earth is not disturbed creating erosion or mud or dirt dragged onto a public street right-of-way. The property owner or business owner shall be responsible to clean up any debris on a public street right-of-way as a result of the special event.
L. 
Parking on a street right-of-way shall be prohibited when traffic flow becomes restricted or a cartway is blocked.
M. 
A six-foot solid buffer fence shall be required at the property line to serve as a buffer between a residential use or district when the special event activities are within 25 feet.
N. 
The special event shall meet the requirements of Act 45, 7210-503(a)(2) related to flame propagation in accordance with NFPA 701, ICC code and IFC fire extinguishers.
O. 
A permit for a special event is required. A plot plan indicating entrance and exits, temporary structure locations, setbacks from the property lines, size and location of temporary signs and any other pertinent information shall accompany the permit application. A written authorization is required if the applicant is not the property owner or business owner.
P. 
The special event shall comply with all requirements in the zoning district where located.
Q. 
Portable restroom facilities shall be provided as determined by the Township's official based upon the estimated size of the event and the availability to permanent restroom facilities.
The Zoning Administrator shall keep a record of all licenses issued hereunder and shall make a report thereof periodically to the Board of Supervisors.
The Zoning Administrator or his designee is hereby authorized to suspend or revoke any license issued under this chapter when he deems a violation of any provision of this chapter or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the Board of Supervisors at any time within 10 days after such suspension or revocation. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.
Any person, firm or corporation who violates any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of $1,000 per day. Every day a violation of this chapter continues shall constitute a separate offense. It is further provided that, upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county prison for a period not exceeding 30 days.