[Adopted 6-15-1993 by Ord. No. 13-93 (Ch. 180, Art. II, of
the 1990 Code)]
The purpose of this article is to regulate commercial sales
within the Township which are temporary or seasonal in nature and
which are not subject to site plan approval by an administrative agency.
Because such activities have an impact upon the Township's zone
plan but are not subject to the more rigorous provisions contained
in the Township's Land Development Ordinance,[1] the Council finds it necessary to impose certain standards
to protect the health, welfare and safety of its residents.
As used in this article, the following terms shall have the
meanings indicated:
The Director of Planning shall be the enforcement official.
Authority to issue violation notices shall also rest with the Township
Health Officer, Zoning Officer and any member of the Township Police
Department.
A merchant or vendor who chooses a specific location within
the Township upon which to erect or park a cart, tent, wagon, truck
or stand from which to engage in merchandising, with the intent to
return to the same location each day. This category shall include
temporary stands established for the purpose of selling vegetables,
fruit or other farm products; food trucks and wagons; Christmas trees;
and any nonperishable goods. A transient merchant must not have a
vested interest in the location and must have the written permission
from the owner(s) of the location to conduct the sale of the intended
products.
[Added 4-24-2018 by Ord.
No. 16-2018[1]]
[1]
Editor's Note: This ordnance also repealed the former
definition of "temporary merchant," which immediately preceded this
definition.
Notwithstanding the provisions of this article, all licensing and registrations requirements contained in Chapter 294, Article I, of the Township Code shall apply to all temporary merchants. No permit shall be issued to conduct sales as a temporary merchant unless the applicant satisfies the conditions of this article and secures a temporary merchant certificate from the Director of Planning.
A.
All applicants proposing to sell food items shall be required to obtain a food handler's license from the Township Health Department pursuant to Chapter 415, Food Handling Establishments, of the Township Code.
B.
Transient merchants shall be restricted to a lot having an active principal use as approved by the Township Planning Board or previously approved by the Zoning Board of Adjustment which shall include off-street parking designed in accordance the standards set forth in § 550-57 having a minimum of 20 parking spaces. A minimum setback of 100 feet must be maintained from any public street right-of-way or edge of a private street. All transient merchants shall secure a zoning permit which shall indicate the location of the proposed display/sales space. The Director of Planning shall have the authority to reject the proposed location and recommend one or more alternative locations on subject property in the interests of safe and efficient circulation of pedestrians and vehicles. The Director of Planning may consult with the Township Engineer, the Township Health Officer, the Mount Olive Police Department, the Director of Public Works and other Township officials as deemed necessary in this regard.
[Amended 4-24-2018 by Ord. No. 16-2018]
C.
Not more than one transient merchant per lot will be permitted. Transient
merchants shall be prohibited within 1,000 feet of any nontransient
commercial business offering the same or substantially similar products
and/or services. A minimum distance of 2,000 feet shall be maintained
between locations for transient merchants.
[Amended 4-24-2018 by Ord. No. 16-2018]
D.
Temporary merchants shall be prohibited from conducting business
on municipal property unless authorized by the Mayor.
E.
The area to be occupied by a single transient merchant, including
a stand, tent, wagon, truck, sign and trash receptacle, shall not
exceed 500 square feet.
[Amended 4-24-2018 by Ord. No. 16-2018]
F.
One freestanding sign per temporary merchant may be permitted. Signs
must be constructed of durable material and maintained in a presentable
condition. Flashing lights or lights using the colors red, yellow
or green shall be prohibited. No sign shall be placed within 15 feet
of a property line or within an established sight triangle for interior
lanes or access driveways. All freestanding signs must be removed
and properly secured during nonoperating hours of the temporary merchant.
Maximum sign face shall not exceed 16 square feet and shall not exceed
four feet in height.
G.
Food trucks must contain all equipment and operations within the
vehicle except for a fold-down counter to serve customers. No furniture,
umbrellas, generators, extension cords, objects or structures shall
be placed outside of the vehicle except for separate trash and recycling
receptacles which shall be required for any transient merchant serving
food and/or beverages. Said receptacles shall be removed at end of
each day.
[Added 4-24-2018 by Ord.
No. 16-2018]
Any applicant denied a permit to operate as a temporary merchant
may appeal to the Mayor and the Township Council who shall have the
authority to approve said permit upon suitable findings.
All temporary merchants shall be subject to the provisions of
this article upon applying for a permit or following the expiration
of any existing permit or license in place at the time of the enactment
of said article.
Any party who fails to comply with the provisions of this article
shall be notified in writing by the enforcement official and shall
remedy the violation within 24 hours of receipt of the written complaint.
Any party who violates the provisions of this article, including a
temporary merchant or owner of record of an affected property, shall
each, upon conviction thereof, be liable to a fine not to exceed $500
or imprisonment for a term not to exceed 90 days, or both such fine
and imprisonment. Each and every day such violation continues shall
be deemed a separate and distinct violation.
