[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.
