[HISTORY: Adopted by the Township Committee of the Township of Edgewater Park as Title 12, Ch. 12.24, of the 1998 Township Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
OPERATE
Any use of the facilities based upon payment of a fee, whether it be by way of entrance fee, membership dues, or other form of contribution.
PUBLIC OUTDOOR RECREATIONAL FACILITY
Includes a privately owned park, bathing or swimming facility, lake, golf course, picnic grove, riding academy or a facility of like nature which is open to the general public upon payment of a prescribed fee charged for the use of the facilities involved.
TOWNSHIP
The Township of Edgewater Park within the County of Burlington and State of New Jersey.
No person, firm or corporation shall operate a public outdoor recreational facility within the Township without a lawfully issued permit as provided for under the provisions of this chapter.
A. 
Form. A person, firm or corporation desiring a permit under the provisions of this chapter shall file an application, in triplicate, on a Township-approved form to the Township Clerk of the Township, together with the prescribed fee elsewhere herein established.
B. 
Public hearing. The Township Clerk, upon receipt of a properly completed application form, shall cause the question of the issuance of the license herein specified to be placed upon the agenda of the next regularly scheduled Township Committee meeting, provided that sufficient time is available subsequent to the receipt of the application during which the applicant can cause notice of the pendency of the application to be published, or the Township Clerk shall schedule the hearing for a date which allows sufficient time for the publication herein required. The applicant shall cause notice of the hearing to be published in a newspaper of general circulation within the community at least 10 days prior to the date scheduled for the hearing. Publication shall be deemed jurisdictional to the ability of the Township Committee to take action upon the application.
C. 
Action. The Township Committee, on the date set by the Township Clerk, shall hold a public hearing and consider the testimony by the applicant and any interested party on the application. At the conclusion of the public hearing, either on the date specified for its commencement, or any adjourned date thereof, or within 30 days after the close of all public hearings, the Township Committee shall, by resolution, either grant or deny the permit requested. In the event that a permit is granted, it may either be with or without condition designed to effectuate the regulations hereinafter set forth.
D. 
Fee. An applicant seeking a permit under the provisions of this chapter shall pay an application fee as established in Chapter 240, Fees.
[Amended 2-7-2012 by Ord. No. 2012-1]
E. 
Term. A permit issued under the provisions of this chapter shall be valid from the date of issuance until April 1 of the next succeeding year. An applicant seeking renewal of an existing permit shall make annual application thereafter in the same fashion as an original application.
Any permittee under the provisions of this chapter shall comply with the following regulations:
A. 
Noise. The sound pressure of any use (not including ambient noises not under control of the operator of the use) shall not exceed 65 dBA between 7:00 a.m. and 10:00 p.m. nor 50 dBA between 10:00 p.m. and 7:00 a.m. on any point on the property line of the lots outside the lots upon which the permitted activity is located, such that decibel levels (decibels — 10 loa P1 P2 where P2 is the referenced quality of 0.002 dyne/cm2; sound pressure to be measured according to the specifications published by the American Standard Association.) in the designed octave band shown below (except for emergency alarm signals, subject to the following corrections: subtract five decibels for pulsating or periodic noises, add five decibels for noise sources operating less than 20% of any one-hour period) shall be the maximum allowable sound pressure levels unless more restrictive requirements are established by county, state or federal agencies.
Octave Band Cycles per Second
Along Residence District Boundaries
Along Business District Boundaries
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
0 to 124
65
50
65
125 to 249
58
44
62
250 to 499
53
39
59
500 to 999
46
35
53
1,000 to 2,400
40
30
47
2,400 to 4,800
34
26
41
Above 4,800
32
24
39
B. 
Hours of operation. No permittee under the provisions of this chapter shall operate his facility between the hours of 12:00 midnight and 6:00 a.m., prevailing time.
C. 
Fencing. A permittee under this chapter shall provide a fence or barrier enclosing the location of sufficient height and strength to prevent people from wandering onto adjacent properties not under the control of the permittee. The barrier shall have at least three gates in order to provide access to and from the facility.
D. 
Potable water. A permittee under this chapter shall provide potable water meeting all federal and state requirements for purities sufficient to provide drinking water for the estimated maximum number of people to be assembled in accordance with requirements of the County Board of Health.
E. 
Sanitary facilities. The applicant shall provide separate enclosed toilets for males and females meeting all state and local specifications and conveniently located throughout the grounds sufficient to provide facilities for the estimated maximum number of people to be assembled in accordance with requirements of the County Board of Health.
F. 
Solid waste. The permittee under this chapter shall provide a sanitary method of disposing of solid waste in compliance with state and local laws and regulations sufficient to dispose of solid waste production emanating from the tract at a rate of at least 2.5 pounds of solid waste per person per day, together with a plan for holding and a plan for collecting all such waste at least once a day during the operation of the facilities and sufficient trash cans and personnel to perform the task.
G. 
Lighting. For those areas of the facility regulated under the provisions of this chapter used during hours of darkness, illumination sufficient to light the entire area being used at the rate of at least five footcandles but not shine unreasonably beyond the barriers of the enclosed area shall be provided.
H. 
Parking. A permittee under the provisions of this chapter shall provide within the grounds enclosed by the fence or barrier required under Subsection C of this section adequate free parking area to accommodate the maximum number of people assembled within the facility during normal business activities. As a general guide, the permittee shall provide parking space at the rate of at least one parking space for every 10 persons unless the applicant or the Township can demonstrate that a lesser ratio or a greater ratio is required.
I. 
Telephone service. The permittee shall within the grounds enclosed by the fence or barrier required under Subsection C of this section have three public phones connected to outside lines.
J. 
Security.
(1) 
It shall be the responsibility of the permittee licensed under the provisions of this chapter to provide, at his expense, adequate security on-site to maintain order and to prevent situations during which riotous or mob-like activities endanger the health, safety or welfare of those making use of the facility or the public at large. In meeting this requirement, the permittee as a minimum shall employ security guards, either regularly employed, duly sworn, off-duty New Jersey peace officers or private guards licensed in New Jersey, in accordance with the following standards:
(a) 
During the week other than holidays: zero.
(b) 
On Saturdays: one.
(c) 
On Sundays or weekday holidays: two.
(2) 
In addition to the above, the permittee shall at all times that the facility is open for use have properly trained employees sufficiently identifiable from the general public through the use of badges, insignias or uniforms, to maintain order. The permittee shall record with the Police Department of the Township the names of all security personnel being utilized by the permittee. In meeting the above standard, the permittee shall not be permitted to employ members of the Edgewater Park Township Police Department. The permittee shall have the right, where inclement weather conditions indicate less than the required security forces listed above are necessary, to reduce the number specified above upon notification of the Police Department of this fact.
K. 
Fire protection. The permittee shall maintain fire protection, including alarms, extinguishing devices, fire lanes, and escapes sufficient to meet all state and local standards for the facility being licensed under the provisions of this chapter, as set forth in the statutes of the State of New Jersey, and the ordinances of the Township.
L. 
Public conduct. It shall be the responsibility of the permittee to prohibit and control unlawful, boisterous, immoral or improper conduct upon the premises being licensed by this facility. The sale of alcoholic beverages is prohibited. Any behavioral problems which are the product of the consumption of alcoholic beverages which constitute disorderly conduct leading to a situation dangerous to life or property shall constitute a violation of the permit issued under the provisions of this chapter.
A. 
Generally. A permittee under the provisions of this chapter holds said permit subject to compliance with the regulations set forth in § 357-4 above. Any material violations of the regulations may subject the permittee to the revocation or suspension of the permit issued under the provisions of this chapter and, further, shall constitute a proper basis upon which the Township Committee may refuse to reissue a permit to the permittee.
B. 
Temporary suspension. The Chief of Police of the Police Department of Edgewater Park, or his designee, shall have the right to temporarily suspend the permit issued under the provisions of this chapter pending a hearing where he or his designee shall determine that conditions exist upon the premises for which a permit has been issued which have or are likely to create an immediate danger to life or property through uncontrolled or riotous mob-like activity. Within 24 hours from the date that the Chief of Police or his designee shall take action pursuant to this subsection, the permittee shall be entitled to a hearing before the Township Committee to determine whether probable cause existed that the standards set forth above were or were not about to be violated. The Chief of Police, or his designee, shall notify the Township Clerk of action pursuant to this subsection within a reasonable time from taking action pursuant to its provisions, and the Township Clerk, after consultation with the Mayor, shall notify the permittee of the time, date and place of the hearing herein provided. The permit suspended pursuant to this subsection shall remain suspended until such time as a hearing is conducted, at which point it may be further suspended pending a formal hearing under the provisions of Subsection C of this section. The permittee may waive his rights to hearing under this subsection and instead rely upon a hearing afforded pursuant to Subsection C of this section.
C. 
Hearing procedure.
(1) 
Generally. The Township Committee, when it determines that a permittee under the provisions of this chapter may have violated one of the regulations set forth under Subsection B of this section, shall schedule a public hearing before the Township Committee to determine whether in fact such a violation has occurred.
(2) 
Notice. At least 14 days prior to the date scheduled for the hearing, the Township Committee shall send a notice to the permittee at the address specified within his application for notice of the date, time and place of the hearing being scheduled by the Township Committee. Accompanying the notice shall be a brief statement of the factual basis upon which the Township Committee believes that a violation of any of the regulations set forth in § 357-4 has occurred. No further notice shall be required.
(3) 
Hearing. The Township Committee, pursuant to the Municipal Investigation Act, shall hold an administrative hearing, examine witnesses, and determine factually the events which occurred which are the basis for the belief that a violation has occurred. The permittee shall have the right to be present and be represented by counsel at the hearing. The permittee may present witnesses, cross-examine witnesses and generally present evidence to the Township Committee on the issues involved. The public hearing may be adjourned to a date certain by the Township Committee in the event that the hearing cannot be concluded on the initial date specified without a requirement of further notice.
(a) 
Revocation. The Township Committee may revoke the permit issued where it determines that a material violation of the regulations has occurred. In the event that subsequent to revocation the permittee or his successor resubmits an application for a permit for the licensed premises, the permittee or his successor shall show cause during the public hearing scheduled on that application why the material violation determined by the Township Committee to be a basis for revocation will not occur in the future. In the event that the Township Committee shall, after the hearing, determine that there is insufficient basis for the conclusion that the permittee or his successor may not again violate the regulations specified, they shall deny the permit request.
(b) 
Suspension. The Township Committee may suspend the permit issued pursuant to the provisions of this chapter for a period of time up to the remaining term existing under the permit in question.
(c) 
Penalty in lieu of suspension. In lieu of suspension under the provisions of Subsection C(3)(b) of this section, the applicant may pay a penalty of up to $100 per each day of suspension, which sum shall be specified in the resolution required under the provisions of § 357-3C.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
In addition to provisions of § 357-5, any person violating any of the provisions of this chapter or part thereof shall, upon conviction, be subject to the penalty in Chapter 1, Article II, General Penalty, of the Code of the Township of Edgewater Park.
The Township Committee and the Police Department of the Township shall be enforcement agents of the provisions of this chapter.