[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.
AUTHORIZATION
PERSON
SPECIAL EVENT
As used in this chapter, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
License, permit or registration.
Any natural person, partnership, association, corporation
or other legal entity.
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:
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.
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.