[HISTORY: Adopted by the Township Committee of the Township of Maplewood 12-3-1974 by Ord. No. 1438 as Section 4-5 of the 1974 Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The agent, distributor or authorized dealer of the manufacturer of the new motor vehicles, and who has an established place of business in the Township.
- NEW CAR LOT
- The premises used by a a dealer for the storage, display or sale of new motor vehicles, but not including the dealer's building or the lot on which the building is situate.
- NEW MOTOR VEHICLE
- Only a newly manufactured motor vehicle, and includes only such vehicles as are commonly known as automobiles, cars or trucks.
- USED MOTOR VEHICLE
- Every motor vehicle the title to or possession of which has been transferred from the person who first acquired it from the manufacturer or the manufacturer's dealer.
- USED MOTOR VEHICLE DEALER
- A person engaged in the business of selling, buying or dealing in used motor vehicles.
No person shall store, sell or display motor vehicles on any new or used car lot in the Township unless he shall first obtain a license to do so upon the premises described in the license.
[Amended 12-3-2002 by Ord. No. 2196-02]
In addition to the requirements of § 171-2, the following information shall be provided with each application:
A specific description of the premises or a detailed plot plan prepared by a New Jersey State licensed land surveyor or professional engineer and a copy of the certificate of approval issued by the Maplewood Planning Board or Maplewood Zoning Board of Adjustment;
A motor vehicle dealer's license issued by the Commissioner of Motor Vehicles; and
Each license shall be issued for a period commencing on July 1 of the year in which issued to June 30 of the next succeeding year.
[Amended 8-1-1995 by Ord. No. 1977]
The annual fee for each license shall be as provided in Chapter 123, Fees.
No license shall be issued to conduct business at a location except in conformity with the Zoning Ordinance.
In addition to the general regulations, the following additional regulations shall apply:
The licensee shall comply with all the requirements of Title 39 of the New Jersey Revised Statutes, as amended, and all other statutory requirements with respect to the sale and transfer of motor vehicles and the business of selling or dealing in motor vehicles in this state.
The licensee shall not permit any portion of any motor vehicle to encroach upon the street line or sidewalk.
[Amended 12-3-2002 by Ord. No. 2196-02]
The surface of the premises on which the business is conducted shall be completely covered by a hard-surfaced pavement with adequate drainage facilities to the street.
No motor vehicle shall be parked on the premises nearer than four feet to any frame dwelling.
No business shall be conducted on Sunday on the premises, and on other days the premises shall be closed between the hours of 9:30 p.m. and 8:00 a.m. on the following day.
The licensee shall at all times maintain order within the premises, shall refrain from creating or allowing undue noise therein, shall not permit smoke or dust to escape from the premises so as to constitute a public or private nuisance and shall keep the premises in as neat and orderly a condition as the nature of the business will allow.
The holder of a license shall keep it posted in a conspicuous place in the place of business.
An all-metal woven-wire fence four feet in height shall be installed by the licensee along the line of his lot where it is adjacent to property in a residential zone.
Wherever artificial lighting is used on the licensed premises, the lights shall be mounted on plain metal or wood stanchions which shall be free of emblems or advertising matter. Stanchions shall be not over 25 feet above the ground and spaced not less than 20 feet apart along the front and side lines of the lot. The lighting shall be so erected and maintained that no disturbing glare will be visible to adjacent property owners. Lighting spill onto adjacent residential property shall not exceed two footcandles' intensity. Luminaires mounted on the stanchions shall be arranged so that the beam of light produced will be at a sixty-degree angle cutoff. The luminaires shall be so arranged that light is cut off cleanly at the sidewalk before the curbline. Luminaires shall be equipped with an acrylic diffuser to eliminate glare for passing motorists. Illumination intensities provided for the front (first) row of cars shall not exceed the following footcandle criteria:
Lighting sources may consist of luminaires employing the use of incandescent, color-corrected mercury vapor and metallic vapor hot-cathode fluorescent or tungsten halogen (quartz iodine) lamps. Individual lamp wattage shall not exceed 1,500 watts per luminaire. Under no circumstance shall the use of sodium lights, flickering lights, rotating lights, flashing lights or colored lights be permitted. Strings of lights shall not be permitted. In addition to complying with this section, the entire lighting installation shall comply with the requirements of the National Electrical Code and the Township Building Code.
Only one neat and attractive sign advertising the business conducted may be erected on the licensed lot. The sign shall be of noncombustible material and shall be not over 40 square feet in area. No other signs, strings of pennants, flags or similar decorations, whirling displays, cards or marking shall be permitted, except a windshield sign limited to 40% of the windshield area, which may be displayed on each or any motor vehicle.
In addition to the requirements in § 171-7, used motor vehicle dealers shall maintain toilet facilities for the use of their employees within easy access of the licensed premises.