[Adopted 3-20-2017 by Ord. No. 04-17]
The purpose of this article is to regulate commercial sales
within the Township that are temporary or seasonal in nature and not
subject to site plan approval by an administrative agency. Because
such activities have an impact upon the Township's zone plan
but are not subject to the more rigorous provisions contained in the
Township's Site Plan Review Ordinance[1] and Zoning Ordinance, the Township Committee finds it
necessary to impose certain conditions to protect the health, welfare
and safety of its residents.
As used in this article, the following terms shall have the
meanings indicated:
A person selling goods or services at a special event as
a vendor.
The Township Zoning Officer shall be the enforcement official.
Authority to issue violation notices shall also rest with the Township
Health Officer and any member of the Township Police Department.
A sale, exhibit, festival, sports tournament or other event
conducted at a location in the Township by an organization devoted
exclusively to not-for-profit purposes.
A merchant or vendor who chooses a specific location within
the Township upon which to erect a tent or stand or park a cart, wagon,
car, truck, or other type of vehicle from which to engage in merchandising
for a special event or at a specific site on a periodic basis. This
category shall include temporary, off-premises roadside stands established
for the purpose of selling vegetables, fruit or other farm products,
Christmas trees and any nonperishable goods. A temporary mobile merchant
or concessionaire must not have a vested interest in the location
and must have the written permission from the owner(s) of the location
to conduct the sale of the intended products.
No permit shall be issued to conduct sales as a temporary mobile
merchant or concessionaire unless the applicant satisfies the conditions
of this article and secures a temporary merchant certificate from
the Township Clerk.
A.
A fire prevention application for permit form must be completed for
any public gathering event to insure that the event and the facility
are in compliance with Fire Code ordinances [N.J.A.C. 5:70-2.7(a)].
B.
All applicants proposing to sell food items shall be required to obtain a retail food establishment license from the Board of Health pursuant to Chapter 239, Food Establishments, Retail, of this Code.
C.
Locations shall be restricted to established off-street parking areas
within nonresidential zoning districts. Said locations shall be paved
in accordance with Township standards and designed to provide regulation-size
parking spaces.
D.
Temporary mobile merchants or concessionaires shall be prohibited
from conducting business on municipal property unless authorized by
the Township Committee.
E.
The area to be occupied by a single temporary merchant, including
a stand, tent, wagon, truck, other type of vehicle, sign and trash
receptacle, shall not exceed 200 square feet.
F.
One freestanding sign per temporary mobile merchant shall be permitted.
Signs must be constructed of durable material and maintained in presentable
condition. Flashing lights or lights using the colors red, yellow
or green shall be prohibited. No sign shall be placed within 15 feet
of a property line or within an established sight-triangle for interior
lanes or access driveways. All freestanding signs must be removed
and properly secured during nonoperating hours of the temporary mobile
merchant. Maximum sign face shall not exceed 16 square feet and shall
not exceed four feet in height.
Any applicant denied a permit to operate as a temporary mobile
merchant or concessionaire may appeal to the Township Committee, which
shall have the authority to approve said permit upon suitable findings.
All temporary mobile merchants or concessionaires shall be subject
to the provisions of this article.
Any party who fails to comply with the provisions of this article shall be notified in writing by the enforcement official and shall remedy the violation within 24 hours of receipt of the written complaint. Any person who violates any provision of this article shall be subject, upon conviction, to the penalties provided in § 1-3 of this Code.
