Township of Hamilton, NJ Article II Seasonal Sales

[Added 7-18-2017 by Ord. No. 17-029[1]]

[1] Editor's Note: This article was previously codified as Sec. 160-312(l), Annual sale of Mother's Day and Easter flowers and Christmas trees, wreaths, blankets, flowers, laurel, poinsettias, etc., of the 1994 Code of Ordinances.

§ 373-8 Compliance required.

Annual sale of Mother's Day and Easter flowers and Christmas trees, wreaths, blankets, flowers, laurel, poinsettias, etc. The annual sale of the aforementioned items shall not be permitted at temporary locations unless done in compliance with the following procedures and specifications.

§ 373-9 Application for license.

An application must be made to the Township Clerk for a license.

§ 373-10 Performance standards.

The applicant must sign an affidavit attesting to the fact that this site and temporary business meets the following performance standards:

A. Adequate off-street parking of a dust-free nature is provided at a ratio of one space per every 400 square feet of space devoted to the display and sale of the aforementioned items.

B. Hours of operation will be limited to from 9:00 a.m. to 9:00 p.m.

C. No off-site sign will be erected directing the public to the place of sale.

D. Only one on-site sign six square feet in area will be erected. It shall be located no closer than 10 feet to the right-of-way.

E. Sales will begin no sooner than two weeks prior to Easter and Mother's Day and from December 1 to December 25 for Christmas.

F. Temporary sales will not occur at any other time of the year.

G. Cleanup and dismantling of temporary sales paraphernalia will be completed within five days after the holiday is over.

H. There will be no adverse impacts to the health, safety or welfare of the neighboring community as a result of the proposed activity.

§ 373-11 Exceptions.

These procedures and specifications do not apply to any existing continuously operated business, whose:

A. Principal permitted utilization of the land is associated with the raising and/or sale of agricultural or nursery products.

B. Property received site plan approval from the Planning Board or Zoning Board of Adjustment for the indoor sale of commercial products similar in nature to or permitted by this article.

C. Property has received conditional use approval from the Planning Board as a roadside stand for farm and nursery products, which also mentioned as part of the application the sale of the aforementioned products.

§ 373-12 Violations and penalties.

Any nuisances associated with any approved site which jeopardize the health, safety and welfare of the community shall be eliminated within 24 hours from the time the business is notified of the nuisances by the Township. Violation of this or other conditions will result in a fine up to $500 per day for each violation and possible revocation of the license.