Township of Montville, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 1308 as Ch. 5.12 of the 1998 Code]
No person, organization or other business entity shall engage in the business of the sale of trees, wreaths, sprays and other similar decorations, including Christmas trees, during the winter holiday season within the Township of Montville without the issuance of a temporary permit from the Township Committee after submission of a certified survey reflecting compliance with § 295-4 herein referenced, a satisfactory fire safety inspection of the proposed sale site and Traffic Safety Officer review and approval. Such sale at other times in the Township is strictly prohibited.
Premises used throughout the year for the sale of trees, shrubbery, plants, farm produce and other similar landscaping or agricultural products shall be exempt from the provisions of this article.
The maximum allowable time period for Christmas trees and other holiday decorations sales shall be from November 15 to January 7 and between the hours of 9:00 a.m. to 10:00 p.m. on any given day therein.
A. 
The temporary sale and storage of Christmas trees and other holiday decorations shall be restricted as follows:
(1) 
No Christmas trees and other holiday decorations shall be stored within 50 feet of any wooden frame structure.
(2) 
No Christmas trees and other holiday decorations shall be placed upon any sidewalk.
(3) 
No Christmas trees and other holiday decorations shall be placed upon that portion of a corner lot within the sight-distance triangle of the intersecting roadways or in any front yard creating an obstruction to clear vision to vehicular and pedestrian traffic.
(4) 
No Christmas trees and other holiday decorations shall be stored or sold on lots on which there is a residential use as a principal, mixed or accessory use.
(5) 
Off-street parking for at least 10 vehicles shall be maintained.
(6) 
Only one sign shall be permitted on the site, and such sign shall not exceed 32 square feet in area consisting of 16 square feet on each side. No sign shall be a type that flashes, rotates or moves or one which incorporates moving components. Such signs and all their supports shall be at least 10 feet from any building or structure and 10 feet from any side or rear lot line and shall be located back from the street line a distance of not less than 25 feet. Placement shall be subject to review and approval of the Traffic Safety Officer.
(7) 
Exterior lighting illumination patterns shall not intrude upon adjacent properties or otherwise extend beyond the property line or the lot upon which the Christmas trees and other holiday decorations are displayed for sale.
B. 
As a condition of the issuance of a permit, an applicant shall be required to post a cash bond in the sum of $500, such sum to defray the Township's cost and otherwise assure that all Christmas trees and other holiday decorations, signage and lighting shall be removed from the premises for disposal outside the municipality, not later than January 1 of each year. The application shall constitute a limited right of entry, and the cash bond may be appropriated to effectuate such purposes in the event of the vendor's default.
C. 
If the applicant for the temporary permit is not the owner of the property, the applicant shall supply an affidavit of ownership granting permission to utilize the property for the purpose of selling Christmas trees and other holiday decorations.
D. 
The applicant and/or owner shall supply a hold harmless agreement indicating the Township is free from all types and forms of liability on the premises receiving a temporary permit.
Any person, firm or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).