[Added 1-22-90 by Ord. No. 90-2; amended 9-25-91 by Ord. No. 91-96; 5-11-98 by Ord. No. 98-12]
[Amended 5-11-98 by Ord. No. 98-12]
A.
No person shall engage in the outdoor seasonal sale of Christmas
trees and/or Christmas decorations without having first obtained a
license therefore from the Township Clerk, which license shall bear
a number issued by the Township Clerk and which shall be prominently
displayed at the licensed premises.
[Amended 5-11-98 by Ord. No. 98-12]
B.
This ordinance shall not apply to businesses who offer for sale in
their ordinary course of business, agricultural, horticultural or
forestry produce or products as long as the sales occur on the same
property as their regular business location. Such businesses shall
be as further defined in 228-3 Definitions.
[Added 5-11-98 by Ord. No. 98-12]
[Amended 5-11-98 by Ord. No. 98-12]
A.
The fee for a Christmas tree sales license shall be $100.00 for the
initial application and $100.00 for each annual renewal for each premises
on which the regulated activity is to be conducted.
[Amended 9-25-91 by Ord. No. 91-96; 5-11-98 by Ord. No. 98-12]
The applicant shall present the Township Clerk with written
permission from the property owner authorizing the sale of Christmas
trees and Christmas decorations. The application shall set forth the
proposed method of clean up, a proposed lay out of the sales area,
the location, intensity and direction of all outdoor lighting and
a plan for parking and traffic safety. Accompanying the application
shall be a certificate of liability insurance coverage form and amount
as directed by Director of Law for the protection of the general public.
The Township Clerk shall submit the application to 1) the Director
of Public Safety, who shall determine the adequacy of parking and
traffic safety, ingress and egress and fire protection standards,
2) the Zoning Officer, who shall determine lighting, buffering to
protect nearby residences, and proper siting on a particular piece
of property, and 3) the Chief Construction Official, who shall determine
whether the appropriate construction permits, including electrical
permits have been issued. If the application complies with the determinations
made by the Director of Public Safety, the Zoning Officer, and the
Chief Construction Official, the Township Clerk shall issue the license.
[Amended 5-11-98 by Ord. No. 98-12]
If the applicant proposes to locate a trailer on a premises,
the trailer may be utilized only as an office and may not be occupied
as living space. No hook-up to water or sewer is permitted. The applicant
shall obtain an electrical permit if lighting is needed. Signs must
be placed at least 10 feet from the right-of-way and may not be placed
in the right-of-way. A maximum of 2 signs is permitted on the premises.
No sign shall exceed 16 square feet in area. No separate sign permit
is required.
[Amended 5-11-98 by Ord. No. 98-12]
The applicant shall file security in the amount of $500.00 at
the time that the application is filed, which security shall be returned
by the Township Clerk when the premises are restored to their prior
condition, as determined by the Code Enforcement/Zoning Officer. If
the premises are not so restored within 3 days of the conclusion of
the sale, excluding inclement weather not conducive to outdoor clean
up, the Township of East Brunswick may use as much of the security
as is necessary to restore the premises.
[Amended 5-11-98 by Ord. No. 98-12]
Any person or business entity violating the provisions of this Article XII shall pay a fine not to exceed one thousand dollars, $1,000.00.
