[Added 11-9-2021 by Ord. No. 5720]
The purpose of these regulations for the siting, installation, alteration and maintenance of outdoor religious enclosures, as the term is herein defined, is to:
A. 
Allow for the free expression of religion pursuant to the First Amendment of the United States Constitution, which guarantees freedom of religion and assembly, as well as the use of public spaces as a public forum for religious purposes, in a nondiscriminatory manner.
B. 
Encourage the design of outdoor religious enclosures which do not substantially alter the streetscape and which minimize the visual impact of same.
C. 
Establish regulations safeguarding the pedestrian and vehicular traffic, as well as other occupants of the right-of-way.
D. 
Ensure compliance with regulations and codes established by the Uniform Construction Code, the National Electrical Safety Code, as well as the customized requirements of the respective owners of the right-of-way infrastructure, including utility poles, street signs, street lamps and traffic lights.
E. 
Ensure compliance with applicable environmental laws and regulations.
For the purposes of this article, the following terms shall have the meanings indicated below:
ERUV BOUNDARY SYSTEM
An outdoor religious enclosure utilized by Orthodox Judaism and which consists of lechi, which are composed of PVC piping, and korah, which is composed of baling twine or of existing utility lines, both of which are installed on utility poles and other structures in the right-of-way in order to effectuate a space within which religious rituals are enhanced.
OUTDOOR RELIGIOUS ENCLOSURE
An outdoor enclosure in the public right-of-way, as the term is defined herein, that serves as a venue to enable and enhance religious rituals, celebrations and other activities. An eruv boundary system is an example of an outdoor religious enclosure.
RIGHT-OF-WAY
Any road, thoroughfare, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Township as a public street, as well as any other state or county road or highway over which the Township has acquired jurisdiction by agreement.
It shall be unlawful to install, construct or modify, or cause to be installed, constructed or modified, an outdoor religious enclosure, or any part thereof, within any public right-of-way of the Township of Union without a permit being first secured from the Township Public Works Superintendent or authorized agent, and except upon compliance with the provisions of this article.
Any person, firm or corporation desiring a permit for the construction of an outdoor religious enclosure shall submit an application to the Township Public Works Superintendent, which shall include the following:
A. 
Name and address of applicant.
B. 
A description of the proposed outdoor religious enclosure which shall include:
(1) 
An overview diagram of the entire outdoor religious enclosure, containing sufficient detail for the Township Public Works Superintendent to render his decision.
(a) 
The diagram shall include detailed information on any right-of-way traversal by the elements of the outdoor religious enclosure.
(b) 
Diagram shall include specific streets and ways impacted by the outdoor religious enclosure.
(2) 
A list of the proposed utility poles or other structures in the right-of-way to be utilized for the outdoor religious enclosure.
(a) 
This list shall include identifying information such as pole owner, pole number, nearest address, and geographic coordinates.
C. 
Proposed schedule of work commencement and completion.
D. 
Express written approval by the owners of the structures upon which the proposed outdoor religious enclosure will be installed.
E. 
Construction permit application. A bulk permit application shall be permitted by the Construction Office, which shall encompass all poles and other structures of the outdoor religious enclosure.
F. 
Road closure permit application, as applicable in the reasonable determination of the Township Public Works Superintendent.
Upon the issuance of a permit, the applicant shall be responsible to do the following:
A. 
Permits and approvals. Obtain any necessary additional permits and approvals.
B. 
Permit fees. Remit all required fees required for the outdoor religious enclosure permit as well as any other required permits.
C. 
Lane closures. Coordinate with the Township Public Works Superintendent for any traffic safety measures and lane closures required to ensure a safe and orderly installation of enclosure components.
D. 
Construction time restrictions. Adherence to reasonable restrictions on the time and date of construction so as not to interfere with the right-of-way during busiest times, and to avoid interference with its ongoing use, occupancy and construction, as well as its repair and maintenance.
E. 
Police payroll. Remit all payment required to cover payroll expenses in regard to police attendance for same.
F. 
Workmanship. Perform all work in a safe and orderly manner.
G. 
Work site condition. Keep the work site and conditions clean and tidy and not allow any visual nuisance or right-of-way obstructions.
H. 
Indemnification. The applicant shall provide evidence acceptable to the Township that it agrees to indemnify, hold harmless, defend, and protect the Township, its officers, officials and employees from and against any and all claims or liability arising out of the use and occupancy of the right-of-way by the applicant and the outdoor religious enclosure, pursuant to this article, which indemnification shall include, but not be limited to, all reasonable costs, damages, expenses, penalties and reasonable attorney's fees, and that the applicant will enter into any agreement acceptable to the Township in connection herewith in order to memorialize same.
I. 
Insurance: evidence of adequate liability insurance, appropriate for the scope and nature of the proposed outdoor religious enclosure installation and upkeep. This shall include providing the Township with a certificate of insurance naming the Township as an additional insured.
The outdoor religious enclosure shall adhere to the following design guidelines:
A. 
Utilize the minimum number of utility poles and other structures to effectuate the purpose of the outdoor religious enclosure.
B. 
Designed, to the extent possible, to be unobtrusive, with a minimal visual impact.
C. 
Run parallel to the right-of-way and only traverse it when absolutely necessary for the design and viability of the outdoor religious enclosure. The Township may impose reasonable additional safety and design requirements upon any portion of the outdoor religious enclosure which traverses a section of the public right-of-way.
An application shall be submitted with the following application fees:
A. 
Outdoor religious enclosure application processing and permit fees: $250.
B. 
Construction permit fees, as applicable.
C. 
Road closure permit fees and required escrows, as applicable.
A. 
Unsafe conditions. The applicant shall maintain the outdoor religious enclosure in good working order and in a safe and orderly condition. In the event the Township Public Works Superintendent or authorized agent determines that an outdoor religious enclosure, or any part thereof, is in an unsafe or hazardous condition, the Township shall notify the person or persons responsible for the applicable outdoor religious system that the unsafe or hazardous condition must be corrected within seven days after receipt of notice. In the event the outdoor religious system poses an immediate safety threat or danger to the right-of-way or any occupant thereof, then the Superintendent shall cause the necessary repairs to be done, any cost of which shall be borne by the person or persons responsible for installation and maintenance of the applicable outdoor religious enclosure.
B. 
Violations and penalties. Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to one or more of the following: a fine not exceeding $1,000 or a period of community service not exceeding 90 days, to become effective on the effective date of this article.
C. 
Permit revocation. The Township may revoke an issued permit if the applicant does not adhere to the terms of the permit or this article.
D. 
Conflict with other ordinances. In the event of any conflict between this article and any other section of the Code, then the provisions of this article shall control. This article is expressly intended to supersede any public signage or other zoning ordinance which might otherwise prohibit the installation of an outdoor religious enclosure.