Township of Saddle Brook, NJ Parking Lots

Any place, lot, parcel, yard or garage used in whole or in part for storing or parking motor vehicles where a storage or parking fee is charged. The definition of a "parking lot" and the fees for same hereinafter set forth shall apply to the use of any premises which represents an expansion of its parking facilities by acquiring or leasing additional real estate which constitutes a separate lot or lots, whether or not within the same block, as shown on the 1965 Tax Assessment Map of the Township of Saddle Brook as it has been revised to the year 1971. Exempt from the provisions of this chapter are hospital parking lots, church parking lots of any denomination and parking lots of other nonprofit organizations.

PERSON

Any individual, firm, partnership or corporation.

§ 146-2 License required; prerequisites; duration; transfer.

No person shall conduct, operate or maintain a parking lot or storage lot without first obtaining a license therefor from the Township of Saddle Brook.

An application for a license and for renewal of a license shall be made to the Township Clerk, which application or renewal shall be submitted to the Township Council.

No license shall issue until all the requirements of this chapter and the matters set forth in the application and shown on the plan filed in connection therewith have been fully complied with and have been approved by the Township Council, Chief of Police, Building Inspector and any other departments of the government which have jurisdiction over the property or its use.

No license shall be granted for any premises unless the intended use for motor vehicle parking or storage is permitted on the premises in accordance with the Zoning Ordinance of the Township of Saddle Brook,[1] and provided further that the intended use, if construction on the premises is contemplated, is in accordance with all ordinances of the Township of Saddle Brook and has been approved by the Department of Inspections.

[1]

Editor's Note: See Ch. 206, Zoning.

All licenses and renewals for parking lots or storage shall be valid for a period of one year commencing with January 1 and expiring on December 31 of each year, and all fees for said licenses shall be annual fees for the same period of time. No renewal of a license shall be issued by the Township Clerk without the prior approval of the Township Council.

The conditions set forth in the application upon which the license or any renewal thereof is issued shall be maintained by the licensee continuously during the conduct of the business, and a violation thereof shall constitute a violation of this chapter.

In the event of the sale or transfer to new ownership of the parking or storage premises, the new owner shall make application to the Township Clerk for transfer in the manner provided herein. Such application and transfer shall be subject to all the conditions herein as to a new application.

§ 146-3 Application for license.

Application for a parking lot or storage license, subject to the requirements of this chapter, shall be made by the person intending to operate the parking lot or storage, upon a form drawn and furnished by the Township Clerk of the Township of Saddle Brook, and applicant shall file with the application a plat or drawing of said parking lot or storage, approved by the Township Engineer, showing:

(1)

The location, size and capacity thereof, and, subject to municipal approval, the location and size of driveways, kind of floors or ground surface, the location, size and construction of attendant's shelter, the wall or railing surrounding the lot, the location and type of lighting units and a sign. It shall not be necessary to furnish a supplementary plat or drawing of said parking lot or storage with the application for renewal unless changes have been made that do not appear upon the original plat filed with the Township Clerk.

(2)

The name under which and place where the parking lot or storage is to be operated.

(3)

Whether the applicant is an individual, partnership or corporation; if an individual, the name and business and residence addresses of the applicant; if a partnership, the name and business and bona fide residence addresses of each partner; if a corporation, the name, date and state under which such corporation was organized, and the names and business addresses of the officers and stockholders, and the name of the registered agent and the address of the principal office wherein the registered agent is located.

(4)

Whether the premises are owned or leased by the applicant, and if leased, the name and bona fide residence and business addresses of the owner.

(5)

The number of motor vehicles which may at one time be stored or parked upon the premises.

(6)

The hours during which the motor vehicles may be stored or parked.

(7)

The hours during which parking or storage attendants will be on duty at the lot.

(8)

A complete schedule of rates to be charged for storing or parking motor vehicles. No change shall be made in said rates until a copy thereof is filed with the Township Clerk.

(9)

Such other information as the Township Clerk may require for the purpose of approval, as herein provided.

Each application shall be signed and verified under oath by the applicant if an individual or partnership, or by a duly authorized agent or properly constituted officers if a corporation.

§ 146-4 License fee.

The annual fee for a license for parking or storing motor vehicles shall be $20,000, payable upon approval of the application, and the fee for a renewal of said license shall likewise be $20,000 per year. The annual fee shall be prorated according to the date upon which the application is approved. The granting of a license for or during any one year shall not automatically entitle the applicant to a license for any succeeding year.

§ 146-5 Revocation of license.

The Mayor and Township Council, subject to the right of appeal, may, after a hearing, revoke or suspend a license at any time where:

(1)

The licensee, agent, servant or employee has made any false or materially incorrect statements in his application; or

(2)

The licensee, agent, servant or employee has made any charge for parking or storing any motor vehicle in a parking or storage lot other than that set forth in his license application; or

(3)

The licensee, agent, servant or employee has violated or permitted or countenanced the violation of any provision of this chapter; or

(4)

The licensee, agent, servant or employee has violated or permitted or countenanced the violation of any provision of any penal law or ordinance regarding theft, larceny or conversion of a motor vehicle or the operation of a motor vehicle without the owner's consent, whether or not such licensee or other person has been convicted of such an offense; or

(5)

The licensee, agent, servant or employee fails to keep an attendant on duty during the time specified on his application; or

(6)

The licensee, agent, servant or employee fails to keep the lot adequately lighted at all times when cars are parked or stored thereon during the hours that the lot shall be kept open, according to the application for a license.

The licensee shall be responsible for the proper conduct of his agents, servants and employees in the conduct of the business and for any violation of the provisions of this chapter thereby.

No license shall be revoked or suspended for any of the above-listed reasons until the licensee has been notified in writing of the charges against him. Said notice shall be sent by registered mail to the licensee at the address in the application for a license. Said notice shall state the time and place of the hearing. At said hearing, charges against the applicant, agent, servant or employee shall be proven and the licensee shall be given the opportunity to refute such charges.

§ 146-6 Signs.

Each owner- or operator-licensee under the provisions of this chapter shall maintain in good condition at all times at each entrance to such parking or storage lot a sign, suitable to apprise persons using such parking or storage lot, showing the name of the licensee, the hours of the day and/or night during which such place is open for parking or storing motor vehicles, the rates charged and the closing hour of the station. Where more than one rate is charged for parking or storage, the figures for each rate shall be of the same size and dimensions and such figures shall measure not less than three inches in height.

Signs giving information as to owners, rates and operation of the lot shall be erected on private property only at points of ingress or on shelter buildings and not on enclosures. All signs must confirm to existing sign ordinances of the Township of Saddle Brook.[1] The sign shall be readily visible within a reasonable distance.

[1]

Editor's Note: See Article VIII of Ch. 206, Zoning.

The Department of Inspections shall review the proposed sign and shall have the authority to grant or withhold approval for said sign.

§ 146-7 Sidewalk and grounds maintenance.

Each licensee shall keep the sidewalks surrounding a parking or storage lot free from dirt, ice, sleet and snow and shall keep the sidewalks in safe condition for the travel of pedestrians.

It shall be unlawful to operate the premises for parking or storing of motor vehicles unless the surface is covered with concrete, asphalt, macadam or similar paving; and such premises shall at all times be kept clean and free from dust and refuse and shall at all times be maintained in accordance with the ordinances of the Township of Saddle Brook.

§ 146-8 Shelters for attendants.

Not more than one building for the use of attendants for the operation of each parking or storage lot may be permitted, provided that such building is of durable construction and that the plans have been approved by the Department of Inspections. On parking or storage lots facing two or more streets, one additional building may be maintained.

§ 146-9 Lighting.

All owners, operators or maintainers of parking or storage lots shall place shielded floodlights or other type of approved lighting in such locations and to such an extent as will permit owners of cars to have reasonable access to all portions of such space during the hours of darkness. A certificate approving the lighting, installation and service shall be obtained from the Department of Inspections.

The operator of any parking or storage lot which does not remain open after 4:00 p.m. need not comply with this section of this chapter.

§ 146-10 Entrances and exits.

Each parking or storage lot, as the Township Engineer shall determine convenient for the public safety, shall have one or more entrances and exits over the public sidewalks, which may or may not be combined. The Township Engineer shall determine the width of the driveways and the placement of same, and all driveways shall be lowered to street level at their entrances. In addition, all driveways shall be constructed in full compliance with ordinances of the Township and it shall be the duty of the operator of the premises to maintain the sidewalk over which such driveway passes in good condition.

§ 146-11 Fire protection.

It shall be unlawful to operate any parking or storage lot unless there are available on the premises adequate fire extinguishers and personnel competent to use the same. There shall be maintained on each parking or storage lot at least one hand chemical fire extinguisher having a capacity of one quart of liquid or 2 1/2 pounds of carbon dioxide for each 10 cars for which accommodations are offered, which extinguishers shall always be maintained in good order and in accessible places; provided, however, that where accommodations are provided for more than 100 cars, there shall be maintained, in addition to the hand extinguishers required, at least one portable chemical fire extinguisher having a capacity of 2 1/2 gallons of liquid or 15 pounds of carbon dioxide.

§ 146-12 Buildings.

Any buildings constructed on a parking or storage lot shall be constructed in full compliance with the ordinances pertaining thereto[1] and shall have exterior walls of nonflammable material provided that any structure used or to be used for office purposes only may have less than the minimum area requirements prescribed for residences or commercial buildings.

[1]

Editor's Note: See Ch. 70, Building Construction.

§ 146-13 Condition of vehicles; storage restrictions.

It shall be unlawful to park or store in any parking lot any vehicle which is not in a condition ready for use, or to permit the parking of any abandoned, junked or partially disabled vehicle in any such lot. And it shall be unlawful to use any parking lot for storage or parking of any vehicle for the purpose of displaying the same for sale, or to use any parking lot or portion thereof as an automobile repair shop.

§ 146-14 Lot use restrictions.

The operator of the premises shall not suffer, permit or allow in any motor vehicle while the same shall be parked on a lot operated by him:

(1)

Any person or persons to sleep in such motor vehicle.

(2)

Any person or persons to change clothing in such motor vehicle.

(3)

Any picnicking; drinking of beverages, alcoholic or otherwise; or eating of lunches or other meals in such motor vehicle. Nor shall any such operator suffer, permit or allow the eating of lunches or other meals on such parking or storage lot or the use of such parking or storage lot as a playground or for box lunch parties.

No licensee shall refuse to park or store any vehicle for which there shall be accommodation in the parking lot, provided the operator of the motor vehicle tenders the stated fee for such parking.

§ 146-15 Certificate of occupancy.

Before any license shall be issued, a certificate of occupancy must be obtained from the Building Inspector.

§ 146-16 Claim checks.

At the time of accepting a motor vehicle for storage or parking in a parking or storage lot, the person conducting the same, his agent, servant or employee shall furnish to such person parking his motor vehicle a distinctive check which shall be numbered to correspond to a coupon placed upon such motor vehicle, which check shall contain the name and address of the parking or storage lot.

§ 146-17 Change of rates.

No licensee shall make any charge for storage or parking of any motor vehicle in a parking lot in excess of that set forth in his application for a license unless he has:

Notified the Township Clerk in writing of the change at least 48 hours before the effective date of the change; and

Posted signs showing such increase in the same manner as set forth in § 146-6 herein.

§ 146-18 Notification of police.

Each licensee shall forthwith, but within 24 hours, giving necessary details, notify the Police Department of any claim made by reason of any loss, theft or conversion occurring upon the premises.

Each licensee shall immediately notify the Police Department, giving the necessary details, when any automobile has remained without explanation for a period longer than 24 hours.

§ 146-19 Violations and penalties.

Any person, partnership, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not less than $50 nor more than $200 or by imprisonment for a term not to exceed 90 days in the county jail, or both, as may be imposed at the discretion of the Judge presiding over the hearing.

Any person shall be authorized to make any complaint for the violation of any of the provisions of this chapter. It shall be the duty of the Department of Inspections, the Building Inspector, to enforce the terms of this chapter as part of his official duties.

§ 146-20 Applicability of other ordinances.

All ordinances of the Township of Saddle Brook governing and regulating safety regulations, fire regulations, building construction, signs and any other ordinances, even though not specified, are hereby made applicable to the regulation of parking lots and storage garages, and all of said ordinances must be satisfied before any license may be issued in connection with this chapter.[1]

[1]

Editor's Note: See Ch. 70, Building Construction; Ch. 93, Fire Prevention; and Ch. 206, Zoning.