[Added 4-20-2009 by Ord. No. 1406-2009]
The intent of this article is to establish regulations and procedures
for the outdoor sale of seasonal items and holiday decorations in
the Borough of Edgewater.
As used in this article, the following terms shall have the
meanings indicated:
Displays erected on a seasonal basis in observance of religious,
national or state holidays throughout the year, including, but not
limited to, Christmas trees, wreaths, poinsettias, garland, etc.
A merchant or vendor who chooses a specific location within
the Borough upon which to erect or park a cart, tent, wagon, truck
or stand from which to engage in merchandising, with the intent to
return to the same location each day. A temporary merchant must not
have a vested interested in the location, must have the written permission
from the owner(s) of the location to conduct the sale of the intended
products, and must obtain a temporary business license pursuant to
this article.
A.
It shall be a violation of this article for any person to either
sell or store for sale seasonal items and holiday decorations in the
Borough of Edgewater without having a license therefor.
B.
It shall be a violation of this article for any owner to allow his
property to be used to either sell or store for sale seasonal items
and holiday decorations by any person who does not have a license
therefor.
C.
The foregoing notwithstanding, no license shall be required for the
storage or sale of seasonal items and holiday decorations when conducted
indoors in the normal course of business of any establishment for
which a site plan has been approved and a certificate of occupancy
has been granted or indoors or outdoors in the normal course of business
of any garden shop or nursery for which a site plan has been approved
and a certificate of occupancy has been granted.
A.
All applications for a license that allows the outdoor storage and
sale of seasonal items and holiday decorations shall be made to the
Borough Clerk on a form prescribed by the Clerk.
B.
The application shall include:
(1)
Name, address and telephone number of the temporary merchant,
whether an individual or organization, seeking such license;
(2)
A plan, drawn to scale, showing the general location of the
lot where such storage and sales are to take place;
(3)
Provisions for site access and parking;
(4)
Written consent of the owner of the lot; and
(5)
Certificate of insurance for the business, naming the Borough
of Edgewater as the certificate holder and as an "additional insured"
under the general liability policy description.
C.
Within 10 days after the application has been fully submitted, the
Clerk shall approve, with conditions, said application and issue a
temporary license or deny the application. If the application is denied,
the Clerk shall state his or her reasons for denial in writing.
A.
The application shall be accompanied by a nonrefundable processing
fee of $50.
B.
A site restoration deposit of $500, determined to be an amount sufficient
to cover cleanup costs, shall be collected in order to assure removal
of unsold trees and any remaining decorations after storage or sale.
C.
The site restoration deposit shall be refunded in full, within 30
days after the termination of the license, if the lot on which the
trees were sold has been cleaned up and restored to the condition
that existed prior to the temporary sale, as determined by the Borough
Clerk or his or her designee, or refunded in full if the application
is denied.
[Amended 12-17-2012 by Ord. No. 1485-2012; 9-15-2014 by Ord. No. 1512-2014]
The outdoor sale as permitted in this article may be conducted
on any vacant lot or on such other land which, in the discretion of
the Borough Clerk or his or her designee, shall be deemed sufficient,
suitable or compatible within the B-1, B-2, B-3, B-4, MXD-1, MXD-2,
MXD-3, OR-1 and PD Zoning Districts of the Borough of Edgewater. Seasonal
items and holiday decorations for sale, or storage for sale, shall
be stored in a manner which is safe and not a fire hazard.
A.
The Borough Clerk shall approve an application and issue a license
to a temporary merchant if the lot is suitable for the sale in terms
of vehicular access, parking and pedestrian safety. For build-up lots,
the Borough Clerk or his or her designee shall also make certain that
other uses on the lot will permit vehicular access and parking, if
such sales are also permitted on the lot.
B.
The license may be revoked at any time if the licensee deviates from
the plan as submitted and/or if the sale is deemed to create a public
health or safety hazard. If the license is revoked, all sales shall
be terminated immediately and shall not be permitted until the licensee
complies with the plan and the Borough Clerk or his or her designee
is satisfied that all safety and health hazards are eliminated.
All licenses shall commence no more than 45 days prior to the
date of observance of the religious, national or state holiday(s)
for which the temporary license is sought and shall expire five days
after said date of observation.
Any person determined to have violated any provision of this
article shall be subject to a fine of not more than $500 nor less
than $100.
