[Amended 11-13-2003 by Ord. No. 2003-44[1]]
The regulations set forth in this article shall apply to the NC Neighborhood Commercial, CC Community Commercial, LC Lake Commercial, VC Village Commercial, HC Highway Commercial Districts, RPLS Residential and Professional/Limited Service Districts and the OT Office Transition Zone.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The purpose of the NC and CC Districts is to provide areas throughout the Township where retail and service businesses may be located primarily for the convenience of the Township residents.
B. 
The design standards are intended to permit single or multiple principal buildings and uses on a lot for retail and office complexes. In all circumstances, the site planning and building designs shall be completed in a compatible manner with an overall plan for the development of all lands so zoned in order to coordinate traffic flow, parking needs, building orientation, landscaping, drainage, and similar factors which have a relationship to development, whether implemented cumulatively over a period of years or in one major development program.
[Amended 7-1-1998 by Ord. No. 1998-12; 12-11-2003 by Ord. No. 2003-51]
C. 
The purpose of the LC District is to provide needed services to the community which are integrally associated with and promote the recreational potential of the Township's lakes. It is the purpose of this district to permit uses which will stimulate recreational interest in the lakes yet prohibit uses which will detract from the area.
D. 
The purpose of the VC District is to provide commercial uses and services in the center portion of the Township in which the design elements of the district will be coordinated through site design. These elements include the location of buildings within proximity to the street, coordinated parking facilities, a uniform street and architectural landscape design throughout the Town center corridor. The VC District is intended to encourage pedestrian movement and congregation.
E. 
The purpose of the HC District is to provide areas in the Township where highway-related commercial activities may be located in addition to retail and service uses.
F. 
The purpose of the RPLS District is to provide for a transition area for a residential area that has developed historically with professional and limited service uses.
[Added 11-13-2003 by Ord. No. 2003-44]
G. 
The purpose of the OT District is to provide an office district in a less intensive transition zone between the more intensive commercial zones and residential zones. The standards are intended to allow for nonresidential development that has residential character by establishing such criteria as residential setbacks, controlled access points and the merging of adjoining parking lots in the side and rear yards to preserve front yard landscaped areas.
[Added 2-10-2005 by Ord. No. 2005-1]
H. 
Within these commercial zones, provision is made for the reasonable opportunity to locate wireless telecommunications facilities for the purpose of providing state-of-the-art communications services to the residents of the Township and the general public, while requiring standards sufficient to assure the existing rural character and the design characteristics of the Township and the residents themselves are not adversely impacted by the siting of these facilities. The Township encourages innovative designs to enable integrating of wireless telecommunications facilities into the Township's natural and built environment in strict accordance with the provisions listed herein.
[Added 12-11-2003 by Ord. No. 2003-51]
A. 
Principal permitted uses in the NC and VC Zones shall be as follows:
(1) 
Retail sale of goods and services, serving primarily the residents of the surrounding neighborhoods, or Township residents in the case of the Village Commercial Zone as individual uses.
(2) 
Restaurants, excluding drive-ins, bars, taverns as individual uses.
(3) 
Professional offices.
(4) 
Banks and financial institutions, excluding drive-ins.
(5) 
Residential dwelling units above commercial uses.
(6) 
Existing single-family residential uses.
(7) 
Child-care centers.
(8) 
In the VC Zone only: community residences for the developmentally disabled and community shelters for victims of domestic violence and homeless/battered women.
(9) 
Bed-and-breakfasts.
[Added 1-21-1998 by Ord. No. 1998-1]
B. 
Permitted uses in the CC Zone shall be as follows:
(1) 
All uses permitted in the NC Zone.
(2) 
Major food stores, department stores.
(3) 
Child-care centers.
(4) 
Hotels and motels.
[Added 1-21-1998 by Ord. No. 1998-1]
C. 
Permitted uses in the LC Zone shall be as follows:
(1) 
Retail sale of goods and services limited to craft and specialty shops such as art galleries, antique shops, bakery shops, book and stationery stores, delicatessens, craft stores, wearing apparel shops, florist shops and boating and specialty sporting goods stores in keeping with the commercial and recreation development permitted in the LC District.
(2) 
Restaurants, bars, taverns and nightclubs as individual uses, except that there shall be no drive-in business.
(3) 
Professional offices, banks and financial institutions, excluding drive-ins.
(4) 
Theaters and bowling alleys.
(5) 
Active recreational facilities, but limited to those activities and facilities oriented towards health and physical fitness such as tennis or racquet ball facilities and health clubs.
(6) 
Marinas. The marina may include boat sales, dealerships and the sale of related sporting goods, as well as ancillary uses such as restaurants, taverns and boat repair facilities.
(7) 
Child-care centers.
(8) 
Bed-and-breakfasts.
[Added 1-21-1998 by Ord. No. 1998-1]
(9) 
Hotels and motels.
[Added 1-21-1998 by Ord. No. 1998-1]
D. 
Permitted uses in the HC Zone shall be as follows:
(1) 
All uses permitted in the NC Zone with the exception of residential dwellings of any kind.
(2) 
Banks and financial institutions, excluding drive-ins.
(3) 
Furniture stores, theaters.
(4) 
Garden centers engaged in the retail sales of living plant material and related garden equipment.
(5) 
Child-care centers.
(6) 
Bed-and-breakfasts.
[Added 1-21-1998 by Ord. No. 1998-1]
(7) 
Hotels and motels.[1]
[Added 1-21-1998 by Ord. No. 1998-1]
[1]
Editor's Note: Former Section 18-4.2D8, Wireless telecommunications facilities, added 7-1-1998 by Ord. No. 1998-12, which previously followed this subsection, was repealed 12-11-2003 by Ord. No. 2003-51.
E. 
Principal permitted uses in the RPLS Zone shall be as follows:
[Added 11-13-2003 by Ord. No. 2003-44]
(1) 
Residential dwelling units in accordance with the R-1 Zones.
(2) 
Retail sales of goods and services limited to the craft and specialty shops, such as art galleries, antique shops, craft stores and florist shops.
(3) 
Professional offices, including physicians, dentists, accountants, attorneys, and other recognized professions by the State of New Jersey.
(4) 
Business and personal service offices, including real estate, insurance, tax preparation, and similar uses.
(5) 
Child-care centers.
(6) 
Community residences for the developmentally disabled and community shelters for victims of domestic violence and homeless/battered women.
(7) 
Bed-and-breakfasts.
(8) 
Garden centers.
(9) 
Services including or similar to hairdressers, barber shops, taxi and limousine services.
F. 
Wireless telecommunications facilities in the NC, VC, CC, LC and HC Zones, provided that the subject property or properties are improved with a principally permitted use, subject to the following:
[Added 12-11-2003 by Ord. No. 2003-51]
(1) 
Proposed antennas shall comply with the following criteria, as applicable:
(a) 
Antennas being placed on public streetlights, telephone poles and utility stanchions, the height of the antennas shall not exceed five feet above the existing pole or stanchion. The support equipment is subject to:
[1] 
Placement on the pole; or
[2] 
Placement at the base within the right-of-way; or
[3] 
Placement underground.
(b) 
Monopoles or lattice towers that were approved by the Planning Board or Zoning Board prior to the enactment of this Subsection F, but not extending the height of the support structure.
(c) 
Wireless telecommunications facilities disguised within new or existing church steeples, freestanding clock towers, freestanding flagpoles or decorative light stanchions, as follows:
[1] 
The height of the structure shall not exceed 60 feet.
[2] 
Freestanding flagpoles, freestanding clock towers and decorative light stanchions shall maintain the accessory building setbacks as specified in § 500-28 and shall maintain a minimum front yard setback of 10 feet.
[3] 
Freestanding flagpoles, freestanding clock towers and decorative light stanchions shall not impede vehicular or pedestrian traffic nor cause sight distance impediments for vehicles entering or exiting a site.
(d) 
Roof structures, provided that no aspect of the wireless telecommunications facility is visible from ground level when viewed from street frontage.
(2) 
Equipment shelters to service antennas not located on telephone poles or streetlights shall be set back a minimum of 15 feet from all property lines and shall be camouflaged in a structure that is architecturally complementary to the antenna camouflage and the surrounding buildings, or may be located on the roof, provided that no aspect of the wireless telecommunications facility is visible from ground level when viewed from street frontage.
(3) 
All facilities shall be suitably secured in accordance with § 500-68, Fences, walls and sight triangles, of this chapter.
(4) 
Landscaping as screening shall be provided around the security fencing.
(5) 
All electrical connections, wires and conduit from the antenna structures to the ground structures shall be installed underground.
(6) 
In the event such wireless telecommunications facilities are abandoned or not operated for the use as approved for a period of six months, the same shall be removed, at the option of the Township, at the sole expense of the property owner.
G. 
Permitted uses in the OT Zone shall be as follows:
[Added 2-10-2005 by Ord. No. 2005-1]
(1) 
Doctor, dentist, insurance, real estate, engineer, architect, planner, lawyer and similar offices and nonretail uses that are low traffic generators.
(2) 
Physical therapist, chiropractor, optometrist, acupuncturist.
(3) 
Single-family homes.
(4) 
Residential dwelling units above permitted, nonresidential uses set forth in Subsections G(1) and (2) herein.
(5) 
Bed-and-breakfasts.
A. 
Off-street parking.
B. 
Signs. (See Article XIV, Signs.)
C. 
Garages, storage buildings and toolsheds.
D. 
Outside storage areas for vehicles in the HC District, but only as provided for in § 500-29C. The number of vehicles permitted shall be outlined in site plan approval.
E. 
Temporary construction trailers and one sign not exceeding 100 square feet, advertising the prime contractor, subcontractor, architect, financing institution and similar data for the period of construction, beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy for one year, whichever is less, provided the trailer and sign are on the site where construction is taking place and are set back at least 15 feet from all street and lot lines.
F. 
Accessory apartments in the NC, VC, LC, RPLS and CC Zones, as provided for in § 500-31.
[Amended 11-13-2003 by Ord. No. 2003-44]
G. 
Fences and walls. (See § 500-68.)
H. 
Accessory uses in the OT Zone shall be as follows:
[Added 2-10-2005 by Ord. No. 2005-1]
(1) 
Home occupations in accordance with § 500-9F.
(2) 
Home professional offices in accordance with § 500-9G.
(3) 
Off-street parking and loading, which shall be located to the side and rear of the structure and not within the required buffer areas. Access drive(s) are permitted within the front yard setback and buffer areas. Access drive(s) are permitted in the side yard setback and buffer areas, provided that the purpose of the encroachment is to provide for shared parking between adjoining properties.
(4) 
Accessory structures.
(5) 
Signs in accordance with Article XIV.
(6) 
Fences and walls in accordance with § 500-68.
(7) 
Swimming pools in accordance with §§ 500-68 and 500-86.
(8) 
Residential agriculture.
(9) 
Site lighting.
[Amended 11-13-2003 by Ord. No. 2003-44]
A. 
Area and yard requirements for the NC, LC, CC, HC, VC and RPLS Zones are as follows:
Zone
NC
LC, CC, HC
VC
RPLS
Principal buildings
Lot area (acre)
1/2
1
1/2
1
Lot frontage (feet)
100
150
100
150
Lot width (feet)
100
150
100
150
Lot depth (feet)
100
150
 — 
150
Side yard, each (feet)
15
25
15
15
Front yard (feet)
35
50
10-20
50
Rear yard (feet)
35
50
50
50
FAR (applies to retail uses only)
0.26
0.26
 — 
0.15
Accessory buildings
Distance to side line (feet)
15
25
15
15
Distance to rear line (feet)
15
15
20
20
Distance to other building (feet)
15
20
10
20
Maximum combined building coverage of principal and accessory buildings (nonretail uses)
25%
25%
50%
25%
Total maximum impervious area coverage (retail uses)
66%
66%
85%
66%
Total impervious area coverage (nonretail uses)
60%
60%
85%
66%
B. 
Area and yard requirements for the OT Zone are as follows:
[Added 2-10-2005 by Ord. No. 2005-1]
OT Zone
Principal buildings
Minimum lot area
1 acre
Minimum lot width
150 feet
Minimum front yard
50 feet
Minimum side yard
30 feet
Minimum rear yard
50 feet
Maximum building height
2 stories, not exceeding 35 feet
Maximum lot coverage
50%
Accessory buildings
Minimum side yard
15 feet
Minimum rear yard
35 feet
Maximum height
20 feet
A. 
Maximum building height. No building shall exceed 35 feet in height.
B. 
Buffers areas.
(1) 
At least the first 20 feet adjacent to any street line and 10 feet adjacent to any side or rear lot line shall not be used for parking and shall be planted and maintained as lawn area, ground cover, or landscaped with suitable plant material.
(2) 
For any lot over five acres in size, the first 50 feet adjacent to any street and rear lot lines and 20 feet adjacent to any side lot line shall not be used for parking and shall be landscaped as per Subsection B(1) above.
(3) 
A minimum buffer area of 35 feet in width shall be provided along any common property line with a residential district or residential use for commercial properties five acres or smaller and 50 feet for commercial properties over five acres.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
No merchandise, products, equipment or similar material or objects shall be displayed or stored outdoors, except that vehicle repair garages and body shops in the HC District may have an outdoor storage area for vehicles awaiting repair, provided such outdoor storage area shall not exceed 20% of the lot area and is located in the rear yard only, and shall be enclosed by a fence, wall, plant material, or combination thereof in order to provide a visual barrier between the storage area and any street, residential zoning district, or existing residential use. The outdoor storage of boats and boat trailers in the LC Zone shall be permitted as a conditional use as provided for in § 500-103 of this chapter.
D. 
In the VC Zone, no building shall be located farther than 20 feet from the front property line in order to encourage and promote the intent of the Village Commercial Zone.
E. 
In the VC Zone, there shall be no parking permitted in the front yard of any building, and all front yards shall be landscaped and designed to encourage pedestrian movement through the construction of sidewalks and plazas. Shared parking is to be encouraged wherever possible.
F. 
All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes. All buildings in shopping centers shall be compatibly designed whether constructed all at one time or in stages over a period of time.
G. 
All areas not utilized for buildings, parking, loading, access aisles and driveways, or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings.
H. 
Where more than one building is permitted per lot, side yards are required between buildings with the respective side yard being equal to the height of the highest of the buildings which the side yard shall separate, or 30 feet, whichever is greater, unless the buildings are a portion of a planned use area.
I. 
All uses permitted in § 500-26 may be located in one or more buildings, attached or separated.[2]
[2]
Editor's Note: Former Section 18-4.5J, Wireless telecommunications facilities, added 7-1-1998 by Ord. No. 1998-12, which previously followed this subsection, was repealed 12-11-2003 by Ord. No. 2003-51.
J. 
General requirements specific to the OT Zone shall be:
[Added 2-10-2005 by Ord. No. 2005-1]
(1) 
Hours of operation for nonretail uses shall be 6:00 a.m. to 10:00 p.m., except that bed-and-breakfasts shall not have limits to hours of operation.
(2) 
Site lighting shall be in accordance with § 500-69, except that the fixture mounting height shall not exceed 15 feet. Lighting associated with the permitted, nonresidential uses shall be turned off from 10:00 p.m. to 6:00 a.m., except that one parking lot light with a motion sensor may be used if approved by the reviewing Board at the time of site plan review. Bed-and-breakfasts shall not have limits to site lighting.
(3) 
Buffer areas. The following buffer areas shall be provided:
(a) 
Rear yard: 35 feet.
(b) 
Side yard: 10 feet.
(c) 
Adjoining residential zone: 35 feet.
(4) 
All building walls facing any street or residential district line shall be architecturally residential in character.
(5) 
All areas not utilized for buildings, parking, loading, access aisles, driveways, or pedestrian walkways shall be landscaped.[3]
[3]
Editor's Note: Original Sections 18-4.6, 18-4.7 and 18-4.8, which previously followed this section, were repealed 4-6-1994 by Ord. No. 1994-11.
A. 
Storage of contractors' equipment shall be housed in a building and not stored outdoors.
B. 
The accessory building shall not exceed the size of the principal building (ground floor area) and, in any case, shall not exceed 1,500 square feet.
C. 
Contractors' storage buildings shall be located in the rear yard only and be set back a minimum of 25 feet from the side and rear property line.
D. 
A buffer of 25 feet shall be established along any common property line with a residential district or use.
A. 
Lot size and density. The minimum lot size in a commercial zone in which apartments are permitted shall be one acre. The total density of apartments shall be two apartments per acre of land. In no case shall there be more than eight apartments on any commercial site within the designated zones. The total square footage of the building area utilized for apartments shall not exceed the total gross square footage or floor area of the associated commercial uses on the site.
B. 
Apartment size. Each apartment shall have a minimum of 600 square feet. No apartment shall have a floor area that exceeds 800 square feet.
C. 
Prohibited uses. Apartments over uses which would not be compatible with a residential use shall be prohibited. These uses may include but are not limited to auto repair, gas stations, mini-storage centers, lumberyards, industrial-type uses, etc.
D. 
Unit access. Separate access to the apartment shall be provided through an interior entrance and hallway. No outside entrances directly to the apartment units are permitted.
E. 
Parking. A minimum of 1.5 parking spaces for each dwelling unit shall be provided. Parking shall be placed so that it does not interfere with access to and from the property or from the commercial operation of the building.
F. 
Utilities. Each commercial/apartment site shall meet all Township and state health codes for the supply of water and sewer facilities. The applicant shall have the utilities approved for water yield and septic capacity prior to the approval of any accessory apartment.
G. 
Open space. Apartments may have open balconies or terraces or patios. These shall only be constructed on the rear of the building. Suitable open recreational space shall be provided on the site in question to permit passive recreational activities. Such activity areas shall not be placed in the front yard of the site and shall be encouraged to be placed in proximity of a natural resource if practicable.
A. 
Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such areas at the side or rear of the building. Each space shall be at least 15 feet by 40 feet. There shall be no loading or unloading from the street.
B. 
Individual uses shall provide one space for the first 5,000 square feet of gross floor area or fraction thereof in each building and one additional space for each additional 7,000 square feet of gross floor area or fraction thereof. Loading area requirements may be met by combining the floor area of several activities taking place under one roof and applying the above ratios.
C. 
Shopping center proposals shall be reviewed on a case-by-case basis to establish the adequacy of proposed loading facilities.
D. 
There shall be at least one trash and garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting, or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions, and if located outside the building, it may be located adjacent to or within the general loading areas provided the container in no way interferes with or restricts loading and unloading functions. All sites will provide for recycling of usable materials and if compactors are used they will be adequately enclosed to prevent nuisance, either visual or noise related.
E. 
All off-street loading areas shall be lighted. See § 500-69.
F. 
There shall be no off-street loading area requirement in the Office Transition Zone.
[Added 2-10-2005 by Ord. No. 2005-1]
Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together. In adjacent commercial uses, combined parking and access will be encouraged. Each individual use shall provide parking spaces according to the following minimum provisions:
A. 
Local retail and service activities and shopping centers shall provide parking at the ratio of five spaces per 1,000 square feet of gross floor area.
B. 
Restaurants, bars, and taverns shall provide a minimum of one space for every three seats, but in all cases a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.
C. 
Department stores shall provide parking at the ratio of seven spaces per 1,000 square feet of gross floor area.
D. 
Garden centers shall provide parking at the ratio of six spaces per 1,000 square feet of gross floor area of buildings plus one-half space per 1,000 square feet of outside storage, sale or display area.
E. 
Banks and offices shall provide parking at the ratio of five spaces per 1,000 square feet of gross floor area.
F. 
Theaters shall provide one space for every four seats.
G. 
Bowling alleys shall provide four spaces per bowling lane.
H. 
Apartments shall provide 1.5 spaces for each living unit.
I. 
Marinas shall provide 0.5 space for every boat slip and additional spaces for accessory uses, i.e., retail sales, restaurant, the requirements for which are included in this section.
J. 
Racquetball and tennis facilities shall provide five spaces for each court. Health clubs and other recreational facilities shall provide one space for every 100 square feet of floor area.
K. 
Furniture and appliance retail uses shall provide one space for every 400 square feet of retail floor area and one space for every 800 square feet of storage or warehouse space.
L. 
Bed-and-breakfasts shall provide one space per guest room in addition to the required two spaces for the permanent residence.
[Added 1-21-1998 by Ord. No. 1998-1]
M. 
Hotels and motels shall provide 1.25 spaces per room.
[Added 1-21-1998 by Ord. No. 1998-1]
N. 
See Article IX, General Provisions and Design Standards, of this chapter for additional standards.
O. 
In the OT Zone, nonretail uses shall provide parking at the ratio of one space per 300 square feet of business space.
[Added 2-10-2005 by Ord. No. 2005-1]
[Amended 7-1-1998 by Ord. No. 1998-12; 12-11-2003 by Ord. No. 2003-51]
Penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this chapter, but in no case more than 25% more than the maximum height permitted for the use in the district, except for residential dwellings as permitted in this chapter, and except that farm silos shall have no height restrictions.
See Article X, Conditional Uses, of this chapter.
A. 
Conditional uses in the NC and the VC Zone shall be as follows:
(1) 
Service stations, except in the VC Zone.
(2) 
Drive-in banks.
(3) 
Essential services.
B. 
Conditional uses in the CC Zone shall be as follows:
(1) 
Service stations.
(2) 
Drive-in banks.
(3) 
Drive-in restaurants.
(4) 
Essential services.
C. 
Conditional uses in the LC Zone shall be as follows:
(1) 
Drive-in banks.[1]
[1]
Editor's Note: Former Section 18-4.15C1, Hotels and motels, which previously preceded this subsection, was repealed 1-21-1998 by Ord. No. 1998-1.
(2) 
Drive-in restaurants.
(3) 
Essential services.
(4) 
Outdoor storage of boats and boat trailers as principal and accessory uses.
(5) 
Boat storage buildings and boat trailer storage as principal and accessory uses.
D. 
Conditional uses in the HC Zone shall be as follows:
(1) 
Service stations.[2]
[2]
Editor's Note: Former Section 18-4.15D2, Hotels and motels, which previously followed this subsection, was repealed 1-21-1998 by Ord. No. 1998-1.
(2) 
Car washes.
(3) 
Drive-in banks.
(4) 
Drive-in restaurants.
(5) 
Automobile sales establishments.
(6) 
Essential services.
A. 
Purpose. It is the purpose of this section to provide a procedure by which persons may be allowed to sell and store Christmas trees and other cut evergreens on a temporary basis during the pre-Christmas season and to provide for adequate control over such temporary establishments in order to protect the public health, safety and welfare and to make provision for proper cleanup after the cessation of such temporary operation.
B. 
Designated zone. Seasonal/temporary retail sales of Christmas trees shall be permitted in the VC, NC, CC, HC and LC Zones only, and only if the terms of this section are fully complied with.
C. 
Permit required. No property shall be utilized for the temporary sale of trees, wreaths, and other similar decorations ("Christmas trees") during the Christmas season without the issuance of a temporary permit from the Construction Official, after a satisfactory fire safety inspection of the proposed sale site.
D. 
Term of permit. No permit shall be issued for a period longer than 42 days, and all permits shall expire on December 31 of the year in which issued.
E. 
Hours of operation. The sales of Christmas trees shall occur between the hours of 9:30 a.m. and 9:30 p.m. only.
F. 
The temporary sale and storage of Christmas trees shall be restricted as follows:
(1) 
No Christmas tree shall be stored within 50 feet of any wooden frame structure.
(2) 
No Christmas tree shall be placed upon any sidewalk.
(3) 
No Christmas tree shall be placed upon that portion of a corner lot which is closer to the intersection of the bounding street lines than a straight line drawn between two points measured 25 feet along each such street line from the intersection of those two street lines.
(4) 
No Christmas tree shall be stored or sold on lots on which there is a principal residential use.
(5) 
Off-street vehicular circulation and parking for at least 10 vehicles shall be maintained.
(6) 
Two signs shall be permitted on the site and such signs shall not exceed a total of 25 square feet in the NC and VC Zones, and 32 square feet in the CC, LC and HC Zones. No sign shall be a type that flashes, rotates or moves or one which incorporates moving components. Such signs and all their supports shall be at least 10 feet from any building or structure and 10 feet from any side or rear lot line and shall be located back from the street line a distance of not less than five feet in the VC, NC, CC and LC Zones and 10 feet in the HC Zone.
(7) 
Exterior lighting illumination patterns shall not intrude upon adjacent properties or otherwise extend beyond the property line of the lot upon which the Christmas trees are displayed for sale.
G. 
Permit fee and bond.
(1) 
The fee for a permit to sell Christmas trees in accordance with this section shall be set forth in Chapter 414, Fees, Land Development.
[Amended 12-5-2007 by Ord. No. 2007-030]
(2) 
The applicant shall post a cash bond in the sum of $200, such sum to defray the Township's costs and otherwise assure that all Christmas trees shall be removed from the premises for disposal not later than January 1 of each year. The application shall constitute a limited right-of-entry and the cash bond may be appropriated to effectuate such purposes, in the event of the vendor's default.
H. 
Exemptions. This section only applies to the temporary use of land for the retail sale of Christmas trees. Premises used throughout the year for the sale of trees, shrubbery, plants, farm produce and other similar landscaping or agricultural products shall be exempt from the provisions of this section.
I. 
Appeals. Any person aggrieved by a decision of the Construction Official with reference to the issuance of a permit may appeal such decision to the Township Administrator by notifying the Township Clerk of the intent to appeal within 10 days of the applicant's receipt of the Construction Official's decision. The Township Administrator shall then schedule a hearing on such appeal within 10 days of receipt of the notice of appeal, at which time the applicant may present evidence.
[Amended 9-1-2004 by Ord. No. 2004-6]
[Added 5-6-2009 by Ord. No. 2009-007; amended 7-22-2009 by Ord. No. 2009-016; 5-22-2013 by Ord. No. 2013-011; 7-16-2025 by Ord. No. 2025-021; 10-15-2025 by Ord. No. 2025-031]
A. 
Purpose. The purpose of this section is to permit and regulate the temporary display, marketing and sale of merchandise and services within the Township of West Milford in such a manner as to protect the public's health and safety and to ensure the integrity of the Township's land use plan and zoning regulations.
B. 
Designated zones. Temporary sales and/or marketing events and farmers' markets shall be permitted on any property in the NC, VC, CC, HC and LC Zone Districts. Said activities shall also be permitted in any zone district upon lands owned by the Township of West Milford, the West Milford Board of Education and on the grounds of a house of worship where the property in question is in compliance with the standards set forth in Chapter 500, Article X, Conditional Uses, § 500-94, Houses of worship.
C. 
Permit required. No property shall be utilized for a temporary sales and/or marketing event or for the purpose of establishing a seasonal farmers' market as defined in Chapter 420 without the issuance of a temporary sales and/or marketing permit, as applicable, from the Township's Administrative Officer or Zoning Officer in accordance with the provisions of this chapter.
D. 
Term of permit.
(1) 
A temporary sales and/or marketing event permit shall be required for each event, with a maximum of six events per calendar year for any property within West Milford Township.
(2) 
One permit shall cover the entire duration of a seasonal farmers' market regularly reoccurring in the same designated area. The sponsor of the seasonal farmers' market shall be responsible to secure said permit, which shall cover any and all vendors participating in the event.
E. 
Hours of operation. Functions authorized by a temporary sales and/or marketing event permit shall be limited to hours between 9:00 a.m. and 10:00 p.m.
F. 
All temporary activities shall adhere to the following standards:
(1) 
Applicant shall be responsible for securing all requisite permits from the Township's Construction Code Official and sub code officials and from the Township's Health Department, if applicable. Applicant shall abide by any and all provisions to ensure the public's health, safety and welfare that may be attached as conditions of a temporary outdoor commercial sales permit as determined by the Township, including, but not limited to, the Police, Health and Planning Departments.
(2) 
Security and parking plans must accompany an application if the event will be held on a property licensed to sell alcohol or cannabis or if the consumption or sale of alcohol or cannabis will be permitted at the event. The security plan must reflect the measures that will be taken to prevent the underage consumption of alcohol and cannabis. The security plan shall also include the reasonable measures to limit disturbance to surrounding properties and the public by utilizing barriers to control noise and smoke, as well as to limit the public, especially minors, from viewing the consumption of alcohol or cannabis. The parking plans must show that sufficient parking is available for the number of intended guests and that the event will not significantly impede the flow of traffic on public streets.
(3) 
No structures, tables, stalls or other appurtenances shall obstruct a sidewalk or emergency access lane.
(4) 
Temporary signage shall be subject to § 500-160 of this chapter.
G. 
Permit fee. The fee for a temporary outdoor commercial sales permit and a seasonal farmers' market permit shall be as set forth in Chapter 414, § 414-6.
H. 
Exemptions. The display and sale of merchandise by nonprofit organizations for fundraising purposes, and school activities on BOE property shall be exempt from the requirements of this section.