Borough of Wallington, NJ Article III Application Procedures

§ 340-9 Written application required. [1]

Every applicant for a license shall complete, sign and verify a written application, in triplicate, on forms furnished by the Borough Clerk. It shall be the responsibility of the applicant to respond to every portion of the application. Failure to do so will render the application incomplete. Applications are due in the Borough Clerk's office no later than November 30 in the year prior to the expiration of the current towing licenses.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 340-10 Application requirements.

Each application shall require:

A. Name and address of the applicant. If the applicant is other than a natural person, the names, addresses, social security numbers and drivers' license numbers of all persons having an ownership interest in the business entity, as well as the name and address of the registered agent upon whom process can be served for the applicant.

B. The names, addresses, social security numbers and drivers' license numbers of all employees.

C. The vehicle identification number (VIN) and New Jersey registration of each vehicle to be used by the applicant for the services herein.

D. Address of the storage location for all towing vehicles and stored vehicles.

E. A list of every other locality for which the tower holds, or has held in the last five years, a police towing license. This list shall also disclose any complaints registered by the public or others concerning the applicant's performance within such other jurisdiction.

F. Name and address of the insurer and policy numbers for all insurance required to be maintained pursuant to this chapter.

G. Consent to the appointment of the Borough Clerk as the applicant's true and lawful agent for the purpose of receiving service of process out of any court of competent jurisdiction.

H. An agreement to be available and provide for the services required pursuant to this chapter and to abide with all of the fee or other requirements herein during the term of the applicant's license, including any renewal of same, and during the period it provides services to the Borough pursuant to this chapter.

I. Such other information as the Mayor and Council deem relevant in determining whether the applicant meets the requirements of this chapter.

§ 340-11 Documents to be filed with the application.

At the time of the filing of the application, the applicant shall attach the following documents to the application:

A. Copy of deed to the storage area and, if separate from the storage area, office premises; if either or both are leased, a copy of the lease and certification of good standing of the lease signed by the property owner.

B. Current survey, not older than one year [or, if older than one year, but less than five years old, a certification by the property owner (and applicant, if leasing) that the survey as presented is accurate] and photographs of the storage and office premises of the applicant.

C. Descriptive list (make, model and year) of all vehicles owned by the applicant which are to be used for the services herein, setting forth the vehicle identification number and license registration number of each vehicle. If the vehicle is leased, a copy of the written lease instrument, confirming its availability for use during the license period, shall be provided. No vehicle, other than as set forth in said list, shall be used for towing services pursuant to this chapter.

D. Copies of declaration pages of all insurance required under this chapter.

E. Written consent of the applicant (including principals and officers of business applicants), and all employees of applicant, permitting the Borough of Wallington to investigate and obtain, for purposes of this chapter only, a criminal background check and driving abstract.

F. A list of all persons who shall be designated as drivers for the applicant, with driver's license number and social security number for each. Said persons shall be the only persons permitted to operate a towing vehicle for the applicant.

G. Application fee as per the terms of this chapter.

§ 340-12 Application procedures.

A. When all requirements of the application procedure and all documents required to be submitted have been filed with the appropriate application fee, the application shall be deemed complete by the Borough Clerk. The original application shall be retained by the Borough Clerk. Copies shall be submitted to the Director and the Zoning Officer.

B. The Director, or his designate, shall be charged with the responsibility of investigating prospective licensees, including a criminal background check and driver's history for all applicants and tow truck operators.

(1) The purpose of the investigation is to determine whether the applicant and its employees meet the requirements of this chapter with respect to the absence of a past criminal history and with respect to their driving history.

(2) Upon completion of said investigation, the Director shall provide a report to the Borough Administrator, along with a recommendation to approve or reject each application. Each report shall reference prior violations of this (or predecessor) ordinances and/or applicable county or state laws, the number and location of any other municipal towing license(s) held by the licensee or any of its principals and any complaints registered by the public or others concerning the applicant's performance within the Borough or as a tower in another jurisdiction.

(3) In the event the Police Department shall recommend the rejection of an application, the reasons therefor, stated with such specificity as the law permits, shall be part of the report.

C. The Zoning Officer, upon receipt of the completed application, shall conduct an investigation of the business office and storage location for compliance with the ordinance. It shall submit its report to the Borough Administrator. The report shall set forth whether the applicant has complied with all of the requirements of this chapter, and any other applicable municipal regulation with respect to the said premises, or shall set forth, with specificity, any material deviations from said requirement.

D. Each applicant and tow truck operator employed by the applicant shall submit fingerprints, at the applicant's expense, so as to aid in the investigation.

(1) Failure of an applicant to submit fingerprints shall be sufficient cause to reject the application.

(2) Failure of a tow truck operator to submit fingerprints shall be sufficient cause to reject the operator's application.

E. Upon receipt of all the foregoing information, the Borough Administrator shall recommend the approval or denial of such application request to the Mayor and Council.