[HISTORY: Adopted by the Township Council of the Township
of Springfield 2-10-2021 by Ord.
No. 2021-01. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A van, truck, towed trailer, or pushcart, from which prepared
foods are transported, sold or given away at a temporary location.
The person in control of, or having the responsibility for,
the operation of a mobile food facility, which may include, but is
not limited to, the owner of the mobile food facility.
A.
It shall be unlawful to operate a mobile food facility at any location
within the Township unless the operator has registered such use with
the Township on a form established by the Township, available through
the Township Clerk's office, which form may be amended from time
to time by the Township Manager without further approval by the Township
Council. At minimum, the registration form shall include the name
and contact information for the vendor, the owner, if different, and
the vendor's Health Department permit number.
B.
Mobile food facilities must comply with all federal, state and local
licensing, including, but not limited to, the Burlington County Department
of Health, as well as any and all other permitting regulations.
C.
Mobile food facilities shall carry within the vehicle both a copy
of the registration submitted to the Township and the certificate
of registration issued by the New Jersey Division of Taxation.
D.
Mobile food facility registrations are not transferable.
E.
As part of the registration process, the Zoning Officer may request
proof of general liability insurance in an amount not less than $500,000
per incident, $1,000,000 aggregate.
F.
Any veteran or volunteer firefighter who holds a special license
issued pursuant to N.J.S.A. 45:24-9 shall be exempt from registration
fees, but shall be required to comply with all other applicable provisions
of this section. Specifically, veterans and exempt firefighters shall
be required to file a registration with the Township but shall not
be required to pay any registration fee. All other requirements of
this section shall be complied with to ensure the health and safety
of the residents.
G.
Recognizing that certain mobile food facilities either are already
heavily regulated in permanent or semi-permanent locations or through
county regulations and inspections, any mobile food facilities located
on the Columbus Farmers Market property and/or the Burlington County
Fair Grounds shall be exempt from this chapter.
H.
The registration fee for each mobile food facility for each location
shall be $10 per registration. Said fee exists for administrative
review of the submission.
A.
No more than five mobile food facilities may operate at any location
at one time unless authorized by the Township Council.
B.
Mobile food facilities may operate beginning at 7:00 a.m. and ending
at 10:00 p.m. unless otherwise restricted by permit or by the property
owner. The Township may permit extended hours of operation on a case-by-case
basis upon the adoption of a resolution explaining why the hours are
being extended.
C.
Mobile food facilities shall be limited to occupying the same location
for no more than 150 days of the year.
D.
Mobile food facilities shall only occupy lands with a separate, active
principal use such that that the mobile food facility enhances the
already existing operation.
E.
No mobile food facility shall occupy the right-of-way or Township
property unless authorized by the Township Manager. No mobile food
facility shall occupy any portion of the public street and/or the
sidewalk. In making this determination, the Township Manager shall
consider the health, welfare and public safety of the overall operation
and ensure that the mobile food facility possesses insurance naming
the Township, its officers and employees as additional insured in
accordance with the standards and levels then required by the Joint
Insurance Fund of which the Township is a member.
F.
Nothing in this chapter shall limit the Township or any of its entities
from hiring of mobile food facilities for special events in any quantity
as they deem fit. The Township may in its discretion utilize public
property, public recreation facilities, streets and/or sidewalks for
such events.
A.
Mobile food facilities must be specifically designed and constructed
for the purpose of preparation and sale of the specific type of food
being sold and may not operate in any manner that is incompatible
with the purpose for which the vehicle has been designed and constructed.
B.
Inspection and equipment.
(1)
The equipment used or employed by mobile food truck facilities shall
be maintained in a clean, sanitary manner and be subject to the inspection
of the Burlington County Board of Health or its authorized agents.
Any violation found and not immediately corrected shall result in
a revocation of the facility license.
(2)
The Burlington County Board of Health must approve all machinery
used in the preparation of food items.
(3)
All food items must be approved for sale by the Burlington County
Board of Health and shall be prepared according to the Board of Health
specifications and in accordance with N.J.A.C. 8:24 et seq.
C.
Appearance and maintenance of mobile food facilities.
(1)
Mobile food vehicles must be operated and properly maintained in
accordance with all applicable motor vehicle and transportation codes.
(2)
The requirements for mobile food facilities' operation area
is as follows:
(a)
Space must be a minimum of 20 feet by 40 feet.
(b)
Minimum setback from the right-of-way shall be three feet.
(c)
Minimum setback from property lines shall be 15 feet or 50 feet
if the adjoining lot is residential.
(d)
An area cannot encroach upon the required minimum parking for
the principal use on the lot.
(e)
Shall not be within 50 feet of any fire hydrants or Fire Department
connections.
(f)
Shall not interfere with the safe flow of traffic or pedestrian
movement.
(g)
Shall not interfere with accessible routes or accessible parking
areas.
(h)
Shall not place any signage outside the approved area of operation.
D.
Restrooms. Every property where a mobile food facility is located
must have an adequate and conveniently located restroom with hand
washing facilities for employees and patrons at all times.
E.
Waste collection. The area of a mobile food facility operation must
be kept neat and orderly at all times. Operation of a mobile food
service vehicle in an area is deemed acceptance by the operate of
the responsibility for cleanliness of the area surrounding the operations
(not less than 25 feet from all parts of vehicles), regardless of
the occurrence or source of any waste in the area. The operator must
provide proper trash receptacles for public use that are sufficient
and suitable to contain all trash generated by the mobile food service
vehicle. All trash receptacles must be emptied and removed prior to
closing or departure of a mobile food service vehicle from a location.
No mobile food facility shall leave any location without first picking
up, removing and disposing of any trash or refuse remaining from sales
made by it. If the operator or property owner fails to clean the property,
causing complaints, the Township Manager shall provide 48 hours'
notice to clean and, if not completed, contract to have the property
cleaned; and the cost of such efforts shall be borne by the operator
and the mobile food facility. The Township may file a complaint in
municipal court to recoup the costs and any fines imposed by the court
for violation of this chapter, and this action shall be identified
as a negative factor in determining whether a new registration for
that property is appropriate for any future application by the owner
or for a vendor on the owner's property.
F.
Lighting. To the greatest extent feasible, mobile food facilities
shall utilize existing surrounding light to avoid creating additional
lighting and glare conditions onto adjacent properties. Additional
lighting may be permitted where needed, which shall be adequately
shielded to eliminate light spillage onto adjacent streets, travelways,
properties and uses.
H.
Safety and fire prevention.
(1)
All cooking, heating and electrical equipment and all cooking practices
must comply with applicable safety regulations, including applicable
fire and electrical codes and any other safety requirements imposed
by the Fire Marshal's office.
(2)
No power cord, cable or equipment shall be extended across any public
street, sidewalk or other public property.
(3)
Grills, generators, or other items related to the mobile food facility's
operation shall be physically attached to the vehicle.
I.
Noise. No sounds that are prohibited by Chapter 130 of the Township Code may be produced by a mobile food facilities operations.
J.
Except as otherwise provided by specific exception in this chapter,
persons subject to this chapter, including persons claiming an exemption
from the requirement of the municipal registration, shall not:
(1)
Station, place, set up or maintain their wares or equipment in such
a way as would restrict, obstruct, interfere with or impede the pedestrian's
right-of- way; restrict, obstruct, interfere with the use of or enjoyment
from the abutting property; create or become a nuisance; increase
traffic congestion, cause or increase traffic delay or hazards; cause
or create or constitute a danger to life, health, or property.
(2)
Station, place, set up or maintain their wares closer than 50 feet
to the curbline or end of pavement of intersecting streets.
(3)
Place their wares in such a way as would reduce the unobstructed
pedestrian right-of-way on a sidewalk to less than six feet.
(4)
Engage in business within 25 feet of any location where the curb
has been depressed to facilitate pedestrian or vehicle movement.
(5)
Engage in business on any sidewalk or along any street within 50
feet of any fire hydrant, or within 25 feet of any crosswalk, bus
stop, or a driveway.
(6)
Leave their wares unattended at any time or store, place or leave
the same overnight on any sidewalk or public way of the Township.
(7)
Engage in business within 200 feet of the grounds of any church,
synagogue or other house of worship while same is in session, unless
the event is sponsored by that organization and written sign-off is
provided with the registration.
(8)
Engage in business within 300 feet of any fixed place of business
selling substantially similar merchandise; a food vendor shall not
operate within 300 feet of a restaurant without the written consent
of the owner or manager of the existing restaurant.
