[HISTORY: Adopted by the Township Committee
of the Township of Independence as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-7-1990 by Ord. No. 90-7 (Ch.
118, Art. I of the 1984 Code)]
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.
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.
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.
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.
[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.
[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]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
Excluded from the definition of special event are:
Township-sponsored functions;
Any events conducted inside any permanent structure and which
do not impact on Township services;
Fund-raising events conducted by a bona fide nonprofit organization,
unless the event impacts Township services; and
Any event sponsored by an individual which does not involve
advance publicity or advertising by or from the sponsoring individual.
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.
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.
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.
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.
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.
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.
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.
