[Added 1-22-90 by Ord. No. 90-2; amended 9-25-91 by Ord. No. 91-96; 5-11-98 by Ord. No. 98-12]
[Amended 5-11-98 by Ord. No. 98-12]
A. 
No person shall engage in the outdoor seasonal sale of Christmas trees and/or Christmas decorations without having first obtained a license therefore from the Township Clerk, which license shall bear a number issued by the Township Clerk and which shall be prominently displayed at the licensed premises.
[Amended 5-11-98 by Ord. No. 98-12]
B. 
This ordinance shall not apply to businesses who offer for sale in their ordinary course of business, agricultural, horticultural or forestry produce or products as long as the sales occur on the same property as their regular business location. Such businesses shall be as further defined in 228-3 Definitions.
[Added 5-11-98 by Ord. No. 98-12]
C. 
An application for a license must be filed by November 15, of the year in which said license shall take effect. Any license granted pursuant to this Article XII shall expire on December 31 of the year in which it is issued.
[Added 5-11-98 by Ord. No. 98-12]
[Amended 5-11-98 by Ord. No. 98-12]
A. 
The fee for a Christmas tree sales license shall be $100.00 for the initial application and $100.00 for each annual renewal for each premises on which the regulated activity is to be conducted.
B. 
Non-profit organizations shall be exempt from § 135-74A and § 135-77, provided that said organizations submit proof of their non-profit status with the application for a license from the Township Clerk.
[Amended 9-25-91 by Ord. No. 91-96; 5-11-98 by Ord. No. 98-12]
The applicant shall present the Township Clerk with written permission from the property owner authorizing the sale of Christmas trees and Christmas decorations. The application shall set forth the proposed method of clean up, a proposed lay out of the sales area, the location, intensity and direction of all outdoor lighting and a plan for parking and traffic safety. Accompanying the application shall be a certificate of liability insurance coverage form and amount as directed by Director of Law for the protection of the general public. The Township Clerk shall submit the application to 1) the Director of Public Safety, who shall determine the adequacy of parking and traffic safety, ingress and egress and fire protection standards, 2) the Zoning Officer, who shall determine lighting, buffering to protect nearby residences, and proper siting on a particular piece of property, and 3) the Chief Construction Official, who shall determine whether the appropriate construction permits, including electrical permits have been issued. If the application complies with the determinations made by the Director of Public Safety, the Zoning Officer, and the Chief Construction Official, the Township Clerk shall issue the license.
[Amended 5-11-98 by Ord. No. 98-12]
If the applicant proposes to locate a trailer on a premises, the trailer may be utilized only as an office and may not be occupied as living space. No hook-up to water or sewer is permitted. The applicant shall obtain an electrical permit if lighting is needed. Signs must be placed at least 10 feet from the right-of-way and may not be placed in the right-of-way. A maximum of 2 signs is permitted on the premises. No sign shall exceed 16 square feet in area. No separate sign permit is required.
[Amended 5-11-98 by Ord. No. 98-12]
The applicant shall file security in the amount of $500.00 at the time that the application is filed, which security shall be returned by the Township Clerk when the premises are restored to their prior condition, as determined by the Code Enforcement/Zoning Officer. If the premises are not so restored within 3 days of the conclusion of the sale, excluding inclement weather not conducive to outdoor clean up, the Township of East Brunswick may use as much of the security as is necessary to restore the premises.
[Amended 5-11-98 by Ord. No. 98-12]
Any person or business entity violating the provisions of this Article XII shall pay a fine not to exceed one thousand dollars, $1,000.00.