[HISTORY: Adopted by the Township Committee of the Township of Lumberton 12-17-1990 by Ord. No. 1990-19; amended in its entirety 9-22-2015 by Ord. No. 2015-7-009. Subsequent amendments noted where applicable.]
Peddling and soliciting — See Ch. 216.
As used in this chapter, the following terms shall have the meanings indicated:
- Either the Township Municipal Clerk, Township Administrator and/or his/her designee.
- Any person, partnership, corporation, limited partnership, association of persons, joint venture or any combination of the aforesaid.
Christmas tree sales are limited to the following locations in the Township:
Qualified farm properties involving the sale of trees grown on site.
Tax-exempt properties owned by religious or nonprofit organizations, provided that the property is in active use as a religious or nonprofit facility.
Commercial uses in the B-1 or B-2 Zoning Districts, provided that the site can accommodate such sales based either on prior site plan approval which designated the location used for this purpose or based on the submission of satisfactory proof that the area to be used for the sale of Christmas trees is not needed to satisfy any of the requirements of the Zoning Ordinance with respect to parking and loading or other uses on the site. In evaluating this provision, the Clerk/Administrator may take into consideration whether the principal commercial use of the property is seasonal in nature and has reduced parking demands related to the principal use during the season of Christmas tree sales.
No person shall sell Christmas trees in the Township without first obtaining a license from the Township's Clerk/Administrator and paying therefor the required fee.
Application for such license shall be made, in writing, to the Clerk/Administrator and shall set forth:
The name and address of the applicant.
The address where the Christmas trees are to be sold.
A detailed plan showing the layout of the activity, traffic patterns and flow, additional lighting, if any, and provisions for parking on site.
Such other pertinent information as the Clerk/Administrator may require to adequately review and act upon said application.
The Clerk/Administrator and the Land Development Board, on appeal for a variance, shall review the application to determine if the sale of Christmas trees as described by the applicant will in any way be detrimental to the health, safety and general welfare of the public, and in making such review, the Clerk/Administrator and Land Development Board may be guided by the standards and prohibitions set forth in Chapter 265, Vehicles and Traffic, Chapter 152, Fire Prevention, and Chapter 130, Development Regulations, herein but need not be limited entirely to those chapters and may evaluate any application under general terms to protect the health, safety and general welfare of the public.
A nonrefundable administrative review fee of $25 shall be assessed for each license, regardless of when it is issued, and said license shall expire on the 15th day of January each year.
In the event of a denial of a license by the Clerk/Administrator, the applicant may appeal for a variance to the Land Development Board; provided, however, that notice of said appeal for a variance must be filed not later than 10 days following notification of denial of said license. The matter will then be reviewed by the Land Development Board at its next regularly scheduled meeting following receipt of the applicant's notice of appeal for a variance, provided that the applicant adheres to the notice provisions as prescribed in N.J.S.A. 40:55D-12(b) and that portion of N.J.S.A. 40:55D-12(a) that concerns newspaper publication. Once the notice requirements are met and the appeal is considered by the Land Development Board at a regularly scheduled meeting, a decision thereon shall be made as expeditiously as possible but not later than 30 days from the date the matter was presented to the Land Development Board.
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just. Each and every day of sales without a permit shall be deemed a separate offense.
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.