[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:
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.
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.
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.
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.
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.
