Township of Cedar Grove, NJ Christmas Trees, Sale and Storage of

It is the purpose of this chapter to provide a procedure by which persons may be allowed to sell and store Christmas trees and other cut evergreens on a temporary basis during the pre-Christmas season and to provide for adequate control over such temporary establishments in order to protect the public health, safety and welfare and to make provision for proper cleanup after the cessation of such temporary operation.

§ 116-2 License required.

No individual, partnership, corporation or other legal entity shall engage in or carry on the business of sale or storage of cut evergreens on a temporary basis without first obtaining a license for that purpose from the Township Clerk. This chapter shall not apply to nursery and commercial greenhouse uses. It is the intention of this chapter that licenses shall only be required for the sale or storage of cut evergreens on a temporary basis on premises which are not normally devoted to that use or a related type use.

§ 116-3 Applications for licenses.

All applications for licenses under this chapter shall be made in writing in the form prescribed or approved by the Township Clerk. The application form shall state the full name and address of the applicant and, if a partnership, corporation or other legal entity, the names and addresses of all partners, officers, directors and/or shareholders as may be applicable to the particular legal entity; the address of the proposed use; a general description of the limited area on the subject property that will be used for such business; the maximum number of trees proposed to be stored at any one time and the location of such storage; a description of any and all other articles proposed to be sold at the location; the name and address of the owner of the property in question; the tax lot and block of the property; and other provisions as the Township Clerk shall deem reasonable and appropriate. Such application form shall be signed by the applicant and consented to in writing by the owner of the property.

§ 116-4 Grounds for denial of application.

The Township Clerk may deny the application for any of the following reasons:

The location and use of the property covered by the application does not conform to all applicable ordinances of the Township, including this chapter.

The applicant or property owner has failed to comply with the provisions of this chapter in prior years.

The operation of said enterprise is likely to adversely affect the public health, safety or welfare.

The proposed use on the property in question is likely to create a nuisance to nearby property owners and/or tenants.

§ 116-5 Fees.

[Amended 10-21-1985 by Ord. No. 85-251]

The applicant shall, at the time of the filing of its application, pay a permit fee of $100. In addition, upon issuance of a permit, the applicant shall deposit with the Township Clerk the sum of $150 to guarantee the removal and cleanup of any rubbish left on the property or in the vicinity thereof after termination of the license. In the event that cleanup by the applicant or the owner is not completed by January 1 of the year following the year the license was issued, the applicant/licensee shall forfeit the deposit of $150, and the applicant/licensee, as well as the property owner, shall be subject to the penalty provisions of this chapter.

§ 116-6 Term and expiration of license.

No license shall be issued for a period longer than 61 days, and all licenses shall expire on December 31 of the year in which issued.

§ 116-7 Location restrictions.

The temporary sale and storage of evergreens shall be restricted as follows:

No trees or cut evergreens shall be stored within 50 feet of any frame structure located on adjoining property not owned by the licensee or property owner on which the sale or storage is being conducted.

No cut evergreens shall be placed upon any sidewalk.

No cut evergreens more than two feet high shall be placed upon that portion of a corner lot which is closer to the intersection of the bounding street lines than a straight line drawn between two points measured 15 feet along each such street line from the intersection of those two street lines.

No trees or cut evergreens shall be stored or sold on lots on which there is a residential use as a principal, mixed or accessory use.

[Added 10-21-1985 by Ord. No. 85-251]

The sale and storage of poinsettias as well as plants, trees or shrubs other than evergreens and cut evergreens are not permitted by this chapter.

[Added 10-21-1985 by Ord. No. 85-251]

Off-street parking for at least five vehicles shall be maintained.

[Added 10-21-1985 by Ord. No. 85-251]

Only one sign shall be permitted on the site and such sign shall not exceed 10 square feet in area. No sign shall be of 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 equal to not less than the height of the top of the sign above the ground.

[Added 10-21-1985 by Ord. No. 85-251]

The placement of a trailer and/or the installation of lights in connection with the sale of Christmas trees shall require additional permits which shall be applied for and secured from the Construction Code Enforcement Office. Any trailer shall be placed or positioned a minimum of 15 feet from the street line.

[Added 4-21-2003 by Ord. No. 03-593]

§ 116-8 Appeals.

Any person aggrieved by a decision of the Township Clerk with reference to the issuance or nonissuance of a license may appeal such decision to the Township Council by notifying the Township Clerk of the intent to appeal within 10 days of the applicant's receipt of the Township Clerk's decision. The Township Council shall then schedule a hearing on such appeal within 30 days of receipt of the notice of appeal, at which time the applicant may present evidence to establish the grounds for the appeal. Said appeal shall be decided by a majority vote of the Council, and the decision shall be final.

§ 116-9 Violations and penalties.

[Amended 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]

Any applicant or property owner who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.