[HISTORY: Adopted by the Board of Supervisors of the Township
of Pennsbury 11-20-2019 by Ord.
No. 2019-11-20-2. Amendments noted where applicable.]
This Chapter 127 shall be known as the "Pennsbury Township Special Events Permit Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Any person seeking a special event permit from the Township
in order to conduct or sponsor an event governed by this chapter.
This term shall include, in the case of an entity other than an individual
person applying for a special event permit, the individual designated
by such entity as the responsible contact person.
The individual appointed from time to time by the Board of Supervisors to administer and enforce the Township Building Codes and this Chapter 127.
Any person to whom a special event permit is issued by Pennsbury
Township.
Any individual, firm, partnership, association, corporation,
society, company or organization of any kind.
A temporary, preplanned assemblage; wedding reception; social
party; business, social or philanthropic meeting; seminar; rally;
gathering; athletic event; arts and craft show; agricultural exhibition
or farm tour; or other assembly of persons, with or without an admission
fee and that may or may not provide meals or food for attendees prepared
on or off the premises.
Any written authorization issued as required by this chapter
for the conduct or performance of a special event.
Except for events that are exempt as set forth in § 127-5, a special event shall be permitted and conducted in strict compliance with the regulations contained in this chapter.
This chapter shall be enforced by the Code Official, the Township
Manager or their designees.
A.
Any person seeking to conduct or sponsor a special event authorized
by conditional use shall first obtain a special event permit from
the Pennsbury Township Code Official.
B.
Normal and customary special events which are organized and/or conducted by and held on property owned by religious organizations; educational institutions; charitable, philanthropic, cultural and horticultural organizations; volunteer fire companies and emergency service providers; hospitals; eating/drinking establishments; golf courses and clubs; government uses; and municipal uses are exempt from the requirements of this Chapter 127, including the permit requirements.
A.
Any person intending to conduct or sponsor a special event shall
apply to the Township Code Official for a special event permit at
least 60 days in advance of the date of the proposed special event.
In emergency situations, determined at the sole discretion of the
Code Official, the Code Official may consider any application for
a special event permit to conduct or sponsor a special event not filed
within the time frame required by this section.
B.
An application for a special event permit shall be made in writing
on a special event permit application form, as provided by the Code
Official. The application shall contain the following information
and documentation:
(1)
The name, address and telephone number of the applicant, the sponsoring
person or organization, and the special event's contact person(s)
and/or authorized representative(s);
(2)
The nature, purpose and description of the proposed special event,
the proposed date and location, and the proposed starting and ending
time (hours of operation);
(3)
A description of the individuals and organizations which will be
participating in the special event and a description of any sound
amplification equipment to be used including the decibel levels associated
with such equipment;
(4)
The estimated number of participants or spectators;
(5)
Such other information as the Code Official may deem necessary to
make a determination whether the special event permit should be issued,
including, but not limited to, the following:
(a)
The type and estimated number of vehicles, animals, and structures
that will be used at the event, as well as whether water aid stations
or first aid stations will be provided;
(b)
Provisions for the following:
[1]
Sanitary facilities for persons participating in and/or attending
the event, including toilet and hand-washing facilities.
[2]
Security and traffic control, including signage and personnel.
[3]
Parking, including amount and location.
[4]
Temporary lighting and temporary signage.
[5]
Trash, waste and recycling collection and removal.
[6]
Any other temporary facility to be used in special event.
(c)
Whether food, beverages, and/or alcoholic beverages will be
provided or sold at the special event. If so, the applicant, prior
to the issuance of a special event permit, shall obtain and provide
copies to the Township of all applicable food and beverage license(s)
and approvals in accordance with the rules and regulations of Chester
County Health Department, the Pennsylvania Liquor Control Board and
any other agency having jurisdiction.
(d)
Number of employees or volunteers to be present to administer
the special event;
(e)
Whether any sales of merchandise are proposed;
(f)
If the applicant is not the owner of the property proposed for
the event, written authorization from the property owner for the event;
(g)
A site plan of the special event.
(6)
Should the Code Official deem it necessary to perform an inspection(s)
as a condition of a special events permit review, applicant shall
allow for the inspection and attach the inspection report to the application
or amended application.
(7)
For any special event requiring a tent, the applicant shall make
application for a tent permit to the Township Fire Marshal.
Prior to the issuance of a special events permit, the applicant
shall provide the following:
A.
An indemnification agreement provided by the Township whereby the
applicant agrees to indemnify, defend and hold harmless the Township,
its elected and appointed officials, officers, employees, consultants
and contractors (hereinafter collectively the "indemnified parties")
from and against any liability resulting from any damage or injury
occurring in connection with the permitted event proximately caused
by the actions of the permittee, its officers, employees, agents,
invitees or guests.
B.
A certificate of insurance, along with all required endorsements,
naming the indemnified parties as additional insureds, confirming
that the applicant has a comprehensive general liability insurance
policy with the following minimum limits; however, the Township may
require the applicant to obtain higher insurance limits if the Township
deems it necessary, based on the activity or activities planned as
part of the special event:
(1)
$2,000,000 for each occurrence of bodily injury; and $250,000 for
each occurrence of property damage; and
(2)
If food or nonalcoholic beverages are to be sold or served at the
event, such policy shall also include an endorsement for products
liability in an amount not less than $500,000. If alcoholic beverages
are to be sold or served at the event, the policy shall also include
an endorsement for liquor liability in an amount not less than $2,000,000.
C.
A certificate of insurance, if the Township deems it necessary and
appropriate, from any vendors participating in the special event for
the policies and minimum coverages as determined by the Township.
A.
The Code Official shall approve or disapprove all applications for
a special event permit with modifications or conditions as it deems
appropriate, not less than 10 days prior to the scheduled date of
the special event as shown on the application. The decision of Code
Official shall be final. The Township Manager, Code Official and/or
Fire Marshal, at their discretion, reserve the right to disapprove,
suspend, and/or cancel a special event if deemed necessary to protect
the health, safety, morals, and/or general welfare of the community.
B.
Standards of approval. The Code Official shall issue a special event
permit upon approval of a special event application and upon agreement
by the applicant, in writing, to the terms and conditions of the permit,
provided it is determined that:
(1)
The time and size of the special event requested by the applicant
will not disrupt to an unreasonable extent the movement of vehicular
traffic in or through the Township;
(2)
The special event will not interfere with the peaceful enjoyment
of adjacent and nearby properties;
(3)
The special event will not interfere with another special event for
which a permit has been issued; and
(4)
The applicant has complied with the requirements of the conditional
use decision and order for the event space, and this chapter, including
without limitation those provisions pertaining to indemnification,
insurance, and the payment of applicable fees and deposits.
C.
The Code Official may impose additional conditions of approval necessary to assure compliance with this Chapter 127.
D.
Standards of denial. The Code Official shall deny an application
for a special event permit and shall notify the applicant of such
denial, in writing, if any of the following applies:
(1)
The information contained in the application is found to be false
or incomplete in any material detail.
(2)
The applicant refused to comply with an inspection required by one
or more Township representatives or the property proposed for the
special event failed an inspection.
(3)
The applicant refuses to comply with any and all conditions of the
permit.
(4)
Another special event permit application has been approved for an
event occurring at or near the place and time of the event proposed
by the application and the conduct of both events would result in
traffic congestion and public safety concerns, and interfere with
the peaceful enjoyment of nearby properties.
(5)
The proposed event will unduly disrupt the safe and orderly movement
of traffic near the event site or will hinder proper police, fire,
and/or emergency medical services to areas adjacent to and/or around
the event site.
(6)
The size of the special event will require diversion of state police
resources in order to ensure the orderly conduct of the special event
that protection of the remainder of the Township will be compromised.
(7)
The location of the special event will substantially interfere with
construction or maintenance work scheduled to take place on state
or Township roads, sidewalks, or any other property near the event
site.
E.
The Code Official shall have the authority to issue a special event permit notwithstanding the applicant's failure to comply with any of the provisions of this Chapter 127, provided the applicant agrees to such conditions or modifications that alter the date, time, duration, route or location of the event, and provided further that any such modification shall be the minimum necessary to achieve compliance with this Chapter 127.
Upon the approval of a permit to hold a special event, the permittee
shall comply with the following provisions, the violation of which
shall be unlawful:
A.
Arrange for the necessary security to assure the safety of the participants
of the special event and the safety and security of neighboring properties
and the citizens of the Township.
B.
Make arrangements to assure proper and adequate sanitation facilities,
refuse containers, and disposal facilities and shall reimburse the
Township for any services provided by the Township as a result of
the special event. Adequate plans for cleanup of any public property,
including the streets, shall be made with the Township, and such Township
property shall be clean and free of debris within 24 hours of the
end of the special event. The permittee shall be responsible for the
expenses of the Township for services rendered to clean up Township
property and state and Township roads as a result of the special event.
C.
At least 30 days prior to the date or dates of the special event,
notify in writing, the Longwood Fire Company and all emergency service
providers, including the Pennsylvania State Police, of the event and
the dates, times, locations and expected attendance of the event.
A copy of the notice shall be provided to the Township when sent.
The emergency service providers shall notify the permittee of any
special requirements, including the necessity for fire police, and
the permittee shall be responsible for all expenses incurred by the
emergency service providers resulting from the special event.
D.
All vehicular parking shall be located on the property where the
event is conducted or on adjacent property with the written permission
of the adjacent property owner; unless another suitable arrangement
for parking is approved by the Township. Parking may be provided at
a remote location utilizing a shuttle service.
E.
No light on any part of the property used for the special event shall be permitted to shine beyond the property line with an intensity sufficient to disturb the peace, health, safety or comfort of any adjacent residents or the general public. All exterior lights on the property shall be equipped with shielding devices in compliance with Chapter 162, Zoning.
G.
Amplified live music or amplified music, sound or voices shall not
be permitted or conducted after 10:00 p.m., prevailing time.
H.
The special event shall not be held or conducted before 9:00 a.m.
or after 12:00 a.m. (midnight), prevailing time. These restrictions
shall include all activities in preparation for and in termination
of the special event, including but not limited to setup, cleanup
and the arrival and departure of attendees of the special event.
A.
Each applicant for a permit to conduct a special event shall pay
a nonrefundable application fee to defray the administrative costs
of the Township in reviewing and distributing the application, issuing
or denying the permit and making preparations for such special event,
in an amount set forth in the Township's Fee Schedule, as amended
from time to time by the Township.
B.
Prior to the issuance of the special event permit, the applicant
shall deposit with the Township an amount determined by the Code Official
to pay any potential expenses of the Township related to the event.
The Township shall pay for any expenses from the deposit and return
any unused amount to the permittee within 30 days of the end of the
event. If the deposit is insufficient to pay Township expenses, the
permittee shall make additional payment to the Township within 15
business days of the date of Township invoice for such expenses.
Any special event permit issued pursuant to this Chapter 127 may be revoked by the Code Official at any time when by reason of the occurrence of a disaster, public calamity, riot, inclement weather or other emergency, the Code Official determines that the safety of the public or property requires such revocation. Where practicable, notice of such action revoking a permit shall be delivered, in writing, to the permittee by personal service or by certified mail. Revocation of the special event permit may take place up to and during the special event.
Any person who violates or permits the violation of any provision of this Chapter 127 shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. Each section or provision of this Chapter 127 that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this Chapter 127 is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution. All fines and penalties collected for the violation of this Chapter 127 shall be paid to the Township Treasurer.
