[Amended 9-5-2024 by Ord. No. 402]
No outdoor amusement may be set up, held or promoted unless a written license from the Zoning Officer has been obtained by the promoters at least 30 days in advance of such event. Notwithstanding the foregoing, no outdoor amusements set up held or promoted by the Township shall require a license.
[Amended 9-5-2024 by Ord. No. 402]
A. 
Fully completed application forms and supportive documents clearly indicating the method, procedures and the assurance of compliance with every requirement of this chapter, shall be submitted to the Zoning Officer not less than 60 days prior to the commencement date of such gathering. Any such application shall be acted upon by the Zoning Officer within 30 days after receipt thereof. The date of receipt shall be considered the first date that all the necessary information, as determined by the Zoning Officer, is received to enable complete evaluation of the compliance or lack of compliance with each provision of this chapter. The application must be accompanied by an application fee as herein provided.
B. 
The application shall include the name, social security number, occupation, permanent residence and date and place of birth of each promoter if the promoter is an individual or group of individuals, or of all officers and owners if the promoter is an association or corporation. The application shall also include the nature and purpose of the outdoor amusement, the number of proposed performers and their names, whether alcoholic beverages will be served or permitted, the maximum number of persons which the promoter plans to permit to assemble at any time, the maximum number of tickets to be sold or given, if any, the maximum estimated attendance and the time and date of the commencement and closing of the assembly.
C. 
The application shall include three complete sets of application forms and supportive documents.
D. 
An affidavit of the applicant as to the truth of the matters contained in the application is required.
E. 
The application shall also state that the officials of the state, county and Township, including (without limitation) all health and law enforcement agencies, are guaranteed free and open access to all areas of the grounds, buildings, offices or other facilities of the outdoor amusement site, for the purpose of inspection to ensure compliance with this chapter and all other applicable laws and regulations. Such application shall also contain a provision that the promoters agree to the payment of any expenses resulting from the use of a reasonable number of state or local police or members of the National Guard for the control of traffic and persons attending the outdoor amusement or for the enforcement of laws in connection therewith shall be paid by the promoters to each law enforcement agency incurring such expenses.
F. 
Evidence that the access and departure routes have been approved by the proper highway authority and law enforcement agency shall accompany the application. If alteration of any existing route at an outdoor amusement site is necessary, a copy of the approval for this alteration shall accompany the application for an outdoor amusement.
[Amended 9-5-2024 by Ord. No. 402]
A. 
No outdoor amusement permit shall be issued by the Zoning Officer until a cash performance bond, or performance bond with surety satisfactory to the Zoning Officer has been posted with the Township, and evidence of insurance has been furnished to the Zoning Officer, as provided in this chapter. Such bond, and/or insurance, shall be by organizations authorized to conduct such business in Pennsylvania. The performance bond may be waived by the Zoning Officer if the promoter can supply suitable alternate security acceptable to the Township.
B. 
The minimum performance bond shall be $10,000 for each 1,000 persons, or fraction thereof, in attendance, based upon maximum attendance with a bond minimum of $25,000 and maximum of $100,000.
C. 
Said performance bond shall be conditioned for the faithful performance of the provisions of this chapter and the saving harmless of the Township of Forks from any and all liabilities and causes of action and costs, which might arise by virtue of the granting of an outdoor amusement license by the Zoning Officer; and conditioned further that no damage will occur to the roads, bridges and other public and private property in the Township as a result of the outdoor amusement, and that the promoter will not permit any dirt, paper litter or other debris from the outdoor amusement to remain thereon. Said bond shall remain in full force and effect for 30 days following the termination of the outdoor amusement event.
D. 
No outdoor amusement permit shall be issued until the Township has been provided with certificates of insurance issued by an insurance company licensed to do business in Pennsylvania, evidencing comprehensive general liability coverage in an amount of at least $1,000,000 for personal injury and $100,000 for property damage, which policies shall name the Township as an additional named insured.
E. 
The bonds and/or evidence of insurance, above set forth, must be posted with the Township, not later than 20 days before the scheduled date of the proposed outdoor amusement.”
[Amended 9-5-2024 by Ord. No. 402]
A. 
No outdoor amusement license shall be issued by the Zoning Officer until a license fee has been paid to the Township. Said license fee shall cover the cost of inspection, investigation, issuance and administration of the permit. The license fee shall be based upon the following schedule:
(1) 
The maximum estimated attendance of less than 1,000 persons: $100 per day or a fraction thereof.
(2) 
Maximum estimated attendance of 1,000 persons or more, but less than 5,000 persons: $150 per day or a fraction thereof.
(3) 
Maximum estimated attendance of 5,000 persons or more: $250 per day or a fraction thereof.
B. 
In the event that it is determined by the Zoning Officer at any time that the maximum attendance exceeds or has exceeded that for which a license fee was paid, the Zoning Officer shall so inform the promoter, who shall thereupon promptly pay to the Township the additional fee amount required.
C. 
No part of any license fee paid shall at any time be refundable, for any reason whatsoever.
D. 
License fees shall be paid to the Township.
The application for a license shall include plans and specifications having the following:
A. 
The location, legal description and ownership of the tract or tracts of land upon which the outdoor amusement will be held.
B. 
A site plan (scale of one inch equals 50 feet) of the outdoor amusement site shall be submitted indicating but not limited to the location of topographical features, including fences, buildings, streams, drainage systems, highways and roadways, railroads, structures and telephone lines; all proposed construction and usage, including lighting, utilities, buildings and water and sewage treatment facilities; access and departure routes, roads limited to emergency vehicle ingress and egress, other service roadways, entrances and exits, location for law enforcement command posts, emergency helicopter landing pad, first-aid stations, fire stations, vehicle storage areas and vehicle parking areas; and location of services, including watering points, portable or permanent toilet facilities, showers, refuse collection points and public telephones.
C. 
The application shall set forth with specificity the actions being taken to comply with the rules for sanitation, water supply, food service, medical facilities, access and departure and safety as prescribed in Articles III through VIII of this chapter.
If a license is denied, a notice stating the reasons therefor shall be mailed, by certified mail, to the applicant within 10 days of such action. If a license is denied, the applicant may request a hearing before the Board of Supervisors to consider the denial. Such hearing shall be conducted in accordance with the Pennsylvania Local Agency Law. The request for such hearing shall be sent to the Secretary or Assistant Secretary of the Board of Supervisors.
[Amended 9-5-2024 by Ord. No. 402]
If at any time during the assembly, the Zoning Officer, Township Chief of Police or the Pennsylvania State Police or the Department of Environmental Protection determine that a serious threat to /public health or safety is resulting from the assembly, the license may be voided and the promoter shall require the assembly to cease. Any lease for the use of such site shall immediately terminate, and all persons failing to leave such site are trespassing on such property. Voiding of a license does not void the insurance or bond, and such insurance or bond shall remain in effect for the full period of original issuance.
[Amended 9-5-2024 by Ord. No. 402]
A. 
When land where the outdoor amusement is to be held is not owned by the applicant/promoter there shall be a written lease agreement for such use which shall contain the following statement:
'At the conclusion of the assembly, or if such assembly is terminated by order of the Zoning Officer, the Forks Township Chief of Police, the Chief of the Forks Township Fire Company, the Pennsylvania State Police or the Department of Environmental Protection, such lease shall immediately terminate and the owner/lessor declares all persons remaining on said premises to be trespassing thereon.'
B. 
A copy of said lease agreement shall accompany the application for a license.
[Amended 9-5-2024 by Ord. No. 402]
The analysis and review of plans and specifications, and the supervision of sanitation, water supply and food service facilities, shall be administered by the Zoning Officer in cooperation with the Pennsylvania Department of Environmental Protection, and any other available state, federal and local agencies.
[Amended 9-5-2024 by Ord. No. 402]
Where, owing to special conditions, a literal enforcement of this chapter would result in unnecessary hardship, the Zoning Officer may make reasonable modifications and exceptions. Proof of unnecessary hardship must be presented to the Zoning Officer, who shall make a decision consistent with the goals of this chapter.