Township of Independence, NJ
Warren County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Independence as indicated in article histories. Amendments noted where applicable.]
261a Special Events
[Adopted 8-7-1990 by Ord. No. 90-7 (Ch. 118, Art. I of the 1984 Code)]

§ 261-1 Proof of payment required.

Any applicant for a permit, license, approval or relief from any ordinance or regulation of the Township of Independence, from either the Township Committee, any Township board, officer, licensing official or Township employee, seeking permission or authority of the applicant to use any parcel of real property owned by the applicant within the Township of Independence in the County of Warren, shall as a condition to obtaining said permit, license, approval or relief submit proof with such application that all real estate taxes assessed against such real property, which shall include rollback taxes that were assessed as omitted assessments or other assessments, have been paid through the current tax quarter or any required due date that has accrued prior to or at the date of the application as filed.

§ 261-2 Issuance without proof prohibited.

No permit, license, approval or relief for any use or activity in connection with a designated parcel of real property located in the Township of Independence, in the County of Warren, shall be issued by the Township Committee, any Township board, officer, licensing official or employee of the Township unless that body, official or employee has received from the applicant a certification of all real estate taxes or other assessments assessed against such real property, including rollback taxes as above provided, have been paid through the current quarter or any due date that accrued through the date of issuance of the permit, license, approval or release.

§ 261-3 Effect on other provisions.

Nothing herein shall be deemed to repeal or supersede § 255-19 of the Land Development Ordinance of the Township of Independence which requires certification that no taxes or assessments for local improvements are due or delinquent on any real property for which application for development is made before the Zoning Board of Adjustment or Planning Board,[1] which requirement shall continue in full force and effect.
[1]
Editor's Note: The Zoning Board of Adjustment was repealed and the title of the Planning Board was changed to “Land Use Board” 2-13-2007 by Ord. No. 2007-07. The powers and duties of the Zoning Board of Adjustment are now exercised by the Land Use Board. See Ch. 255, Land Development, Art. II.

§ 261-4 Certification fee.

The Township Tax Collector and Assessment Search Officer shall receive a fee in the amount of $10 for the providing of a certification of the payment of all taxes and assessments.

§ 261-5 Revocation or suspension of licenses and permits; restoration.

[Added 2-13-2007 by Ord. No. 2007-01]
Any license or permit shall be revoked or suspended when the licensee, who is the owner of the property upon which the licensed business or activity is conducted, has failed to pay real estate property taxes or assessments due on the property for at least three consecutive quarters. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored.

§ 261-6 Exception.

[Added 2-13-2007 by Ord. No. 2007-01]
This article shall not apply to licenses issued pursuant to the Alcoholic Beverage Control Act of the State of New Jersey (N.J.S.A. 33:1-1 et seq.).
[Adopted 7-9-2013 by Ord. No. 2013-05]

§ 261-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BONA FIDE NONPROFIT ORGANIZATION
a charitable, religious, educational or cultural organization organized not for profit and being able to establish that it is such a nonprofit organization. "Bona fide nonprofit organization" shall include a nonprofit corporation organized for the purpose of providing fire and/or rescue services.
FLEA MARKET
A sale of items of tangible personal property wherein on one location there are multiple vendors who have paid a fee for the privilege of occupying the space allotted to each such vendor for the purpose of displaying and selling items of tangible personal property.
MUNICIPAL COSTS
Any and all expenses incurred by the Township of Independence for a licensed special event including operating expenses, salaries and wages, benefits and any other expenses of any department.
A. 
All shows, carnivals, circuses, festivals, fairs, flea markets, outdoor plays, outdoor dances, outdoor concerts or outdoor theatrical events, parades, sporting events not directly involved in interscholastic sports or not directly sponsored by the Independence Recreation Commission. "Special event" also includes any event requiring the temporary closure of any Township streets or any event impacting on the public health, safety or welfare of the Township of Independence or its residents.
B. 
Excluded from the definition of special event are:
(1) 
Township-sponsored functions;
(2) 
Any events conducted inside any permanent structure and which do not impact on Township services;
(3) 
Fund-raising events conducted by a bona fide nonprofit organization, unless the event impacts Township services; and
(4) 
Any event sponsored by an individual which does not involve advance publicity or advertising by or from the sponsoring individual.

§ 261-8 License required.

No person, corporation or organization shall carry on or conduct a special event without having first obtained a license from the Mayor and Township Committee.

§ 261-9 Application for license.

A. 
Application. All applicants shall submit an application to the Township Clerk for consideration by the Mayor and Township Committee at least 60 days prior to the special event. The application shall include the following information:
(1) 
Date, times and location, including zone of special event.
(2) 
Name, address and phone number of applicant, property owner and emergency contact.
(3) 
Detailed description of special event, including activities planned and estimated number of persons attending, etc.
(4) 
Description of security.
(5) 
Description of sanitary provision.
(6) 
Description of health, fire and rescue squad provisions.
(7) 
Traffic and parking control.
(8) 
Evidence of insurance.
(9) 
Alcohol or food permits required, if any.
(10) 
Lighting.
(11) 
Description of any proposed open-flame cooking facilities or proposed use of any pressurized flammable or combustible gases.
(12) 
Any and all other information necessary for the Mayor and Township Committee to properly evaluate the application.
B. 
The Construction Official, Chief of Police, Fire Chief, Chief of the Independence First Aid and Rescue Squad and Superintendent of the Department of Public Works shall all review the application and provide their comments and estimated cost of the Township services required prior to the consideration of the application by the Mayor and Township Committee.

§ 261-10 License fee.

The license fee under this article shall be $50 per special event and shall be due at the time of application. The Mayor and Township Committee may vote to waive the fee where the special event is being operated for a nonprofit organization whose exclusive purpose is devoted exclusively for eleemosynary, philanthropic, charitable or religious purposes.

§ 261-11 Reimbursement agreement.

A. 
The approval of any license application in which it is the opinion of the Mayor and Township Committee that the special event will require the Township to incur municipal costs shall be conditioned upon the execution by the applicant of an agreement providing that the applicant will pay for all municipal costs incurred for the special event.
B. 
The applicant shall deposit with the Township 50% of the estimated municipal costs required to be reimbursed to the Township by the applicant prior to the issuance of the license by the Clerk. The applicant shall pay the balance owed for municipal costs within 10 days of the issuance of a bill from the Township.
C. 
The Mayor and Township Committee may, in their sole discretion, vote to waive all or some of the required reimbursement for special events sponsored by charitable or nonprofit organizations.
D. 
All Township employees, staff or police officers required to work a special event shall be paid their on-duty rate.

§ 261-12 Flea market provisions.

No person, firm or corporation may conduct a flea market other than a bona fide charitable, eleemosynary, educational or cultural organization organized not for profit, and being able to establish that it is such type of nonprofit organization, subject, however, to the following requirements:
A. 
Each organization authorized to conduct a flea market in accordance with this section shall obtain a special events license in accordance with this article.
B. 
Flea markets shall be limited to two consecutive calendar days and shall be conducted only between the hours of 9:00 a.m. and 5:00 p.m. There will be a maximum of two rain dates allowed. No organization will be granted more than two licenses for a flea market in any calendar year.

§ 261-13 Violations and penalties.

Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment in the county jail for a term not exceeding 90 days, or both. Each day any violation of this article shall continue shall constitute a separate offense and be punishable as such. The institution of any fine or penalty shall not relieve any applicant of the obligation to pay any municipal costs related to the special event.

§ 261-14 Recommendations from Township Planner, Township Attorney and/or Township Engineer.

The Mayor and Township Committee may request recommendations from the Township Planner, Township Attorney and/or Township Engineer concerning the application and any conditions which should be placed on the special events permit, if granted, to protect the public. The Township Committee may also, in its sole discretion, refer any application to the Land Use Board ("LUB") for its recommendations; however, if the property at issue has been the subject of a prior approval of the LUB and/or is the subject of a pending application before the LUB, the matter shall be referred to the LUB for its recommendations.