[Ord. No. 476, 6/8/2021]
As used in this Part 8, the following terms shall have the meanings
indicated:
Any event which occurs in whole or in part on public property or within a public right-of-way and which affects the ordinary use of public streets, rights-of-way, sidewalks, or other public infrastructure. This includes, but is not limited to, parades, fairs, carnivals, races of any kind, concerts, block parties, and gatherings or events of any kind that are held open to the public or for which members of the public may pay to gain admission. Events held on private property, which make no use of public property, infrastructure, and/or streets, other than for lawful on-street parking, are not included, unless the event constitutes a use of private property that is not usual or customary for that property and/or zoning district, or the event falls under the circumstances in which a permit is required as specified in § 27-305. The Director of Community Development, or their designee, shall have the exclusive authority to determine whether an event meets the criteria to be considered a special event.
[Ord. No. 476, 6/8/2021]
1.
No person shall hold a special event within the Township of North
Fayette without first having obtained a permit from the Department
of Community Development by making application and paying such fee
as set forth in the Township's Schedule of Fees. The application,
supporting documents, and permit fee shall be submitted to the Department
of Community Development at least 45 days in advance of the desired
date(s) of the event, notwithstanding the discretion of the Director
of Community Development to accept an application submitted less than
45 days in advance of the desired date(s) of the event.
2.
No action shall be taken on any application for a permit under this
section until the application has been completed in its entirety,
with all required supporting documents attached, and the permit fee
has been paid in full.
3.
A special event permit shall be required under any of the following
circumstances:
A.
The event is held open to the public or offered for a fee to the
public and occurs in whole or in part on public property or within
a public right-of-way.
B.
The event requires the closure and/or affects the ordinary use of
public property, streets, rights-of-way, sidewalks, or other public
infrastructure.
C.
The event is reasonably likely to create an increase in traffic or
parking congestion that is disruptive or interferes with the use and
enjoyment of neighboring property.
D.
The event is reasonably likely to create a level of noise that negatively
impacts the use and enjoyment of surrounding properties.
E.
The event will require the erection of tents or canopies greater
than 400 square feet or stages of any kind.
F.
The event includes fireworks or a pyrotechnical display.
[Ord. No. 476, 6/8/2021]
1.
A rough-sketch site plan clearly outlining the property and the proposed
area where event or sales shall occur must be submitted for review.
2.
Any other required permits or approvals shall be obtained prior to
approval (i.e., food truck permit, building/zoning permit, sign permit,
vendor license, etc.)
3.
The cumulative number of days a special event may last shall not
exceed 14 days within any ninety-day period.
4.
If food or beverages are included in the event, provisions for appropriate
recycling/trash containers must be provided.
5.
All signs must be approved prior to the issuance of the permit. One
temporary sign per street frontage shall be allowed.
6.
The applicant shall comply with § 27-305 of the Zoning Ordinance regarding special event as an accessory use, where applicable.
7.
For applications that include amplified music, the applicant must comply with § 27-812 of the Zoning Ordinance. No music shall be permitted between the hours of 12:00 midnight and 7:00 a.m.
8.
All necessary road closures and/or changes to traffic flow must be
requested and approved by the Director of Public Safety, or their
designee. The Township may refuse a permit if it is determined that
issuing the permit will negatively impact traffic flow or will otherwise
be detrimental to public health and safety.
9.
If the event includes a tent or canopy, applicant may be required
to provide the Township with a fire rating certificate from the manufacturer.
11.
Liability insurance is required for events that are held on Township
property. The Township Manager, or their designee, shall have the
discretion to determine the necessary amount of coverage to be provided
by the applicant on a case-by-case basis. In any event, a certificate
of insurance shall be attached to the application providing general
liability insurance of not less than $350,000 per occurrence and listing
the Township as an additional insured. A permit shall be issued only
for the time period covered by the effective dates of the general
liability insurance policy.
12.
The Township may, in its sole discretion, require applicant to obtain
additional insurance, provide proof of insurance, or name the Township
as an additional insured prior to issuing any special event permit.
13.
Such other reasonable conditions regulating health, safety, and welfare
as may be imposed at the discretion of the Township.
[Ord. No. 476, 6/8/2021]
Within the sole discretion of the Township, the fees and/or
requirements for special event permits may be waived in-whole or in-part.
[Ord. No. 476, 6/8/2021]
The Director of Community Development, or their designee, is
hereby authorized to deny, suspend, or revoke any permit issued under
this Part 8 if the Township deems such denial, suspension, or revocation
to be beneficial to the public health, safety, or welfare, or for
violation of any provision of this Part 8, or for giving false information
upon any application for a permit hereunder. No part of a permit fee
shall be refunded to any person whose permit shall have been suspended
or revoked.
[Ord. No. 476, 6/8/2021]
Any person aggrieved by a decision of the Director of Community
Development, the Director of Public Safety, and/or the Township Manager
may appeal by delivering a written request to be heard before the
Board of Supervisors to the Department of Community Development within
five days of the notice of denial. The appeal shall be heard before
a regularly scheduled meeting of the Board of Supervisors. If there
is no regularly scheduled meeting of the Board of Supervisors occurring
prior to the desired date(s) of operation, then a special meeting
may be held with any required advertising costs to be paid by the
applicant prior to such advertisement. Any person that submits an
application less than 45 days in advance of the desired date(s) of
the event forfeits the right to appeal a denial thereof.
[Ord. No. 476, 6/8/2021]
Any person, firm or corporation who shall violate any provision of this section, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure shall be sentenced to pay a fine of not more than $1,000, plus costs. Each day that a violation of this Part 8 continues or each section of this Part 8 which shall be found to have been violated shall constitute a separate offense.
