It is the purpose of this chapter 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.
No individual, partnership, corporation or other legal entity shall
engage in or carry on the business of sale or storage of cut evergreens on
a temporary basis without first obtaining a license for that purpose from
the Township Clerk. This chapter shall not apply to nursery and commercial
greenhouse uses. It is the intention of this chapter that licenses shall only
be required for the sale or storage of cut evergreens on a temporary basis
on premises which are not normally devoted to that use or a related type use.
All applications for licenses under this chapter shall be made in writing
in the form prescribed or approved by the Township Clerk. The application
form shall state the full name and address of the applicant and, if a partnership,
corporation or other legal entity, the names and addresses of all partners,
officers, directors and/or shareholders as may be applicable to the particular
legal entity; the address of the proposed use; a general description of the
limited area on the subject property that will be used for such business;
the maximum number of trees proposed to be stored at any one time and the
location of such storage; a description of any and all other articles proposed
to be sold at the location; the name and address of the owner of the property
in question; the tax lot and block of the property; and other provisions as
the Township Clerk shall deem reasonable and appropriate. Such application
form shall be signed by the applicant and consented to in writing by the owner
of the property.
The Township Clerk may deny the application for any of the following
reasons:
A. The location and use of the property covered by the application
does not conform to all applicable ordinances of the Township, including this
chapter.
B. The applicant or property owner has failed to comply
with the provisions of this chapter in prior years.
C. The operation of said enterprise is likely to adversely
affect the public health, safety or welfare.
D. The proposed use on the property in question is likely
to create a nuisance to nearby property owners and/or tenants.
[Amended 10-21-1985 by Ord.
No. 85-251]
The applicant shall, at the time of the filing of its application, pay
a permit fee of $100. In addition, upon issuance of a permit, the applicant
shall deposit with the Township Clerk the sum of $150 to guarantee the removal
and cleanup of any rubbish left on the property or in the vicinity thereof
after termination of the license. In the event that cleanup by the applicant
or the owner is not completed by January 1 of the year following the year
the license was issued, the applicant/licensee shall forfeit the deposit of
$150, and the applicant/licensee, as well as the property owner, shall be
subject to the penalty provisions of this chapter.
No license shall be issued for a period longer than 61 days, and all
licenses shall expire on December 31 of the year in which issued.
The temporary sale and storage of evergreens shall be restricted as
follows:
A. No trees or cut evergreens shall be stored within 50
feet of any frame structure located on adjoining property not owned by the
licensee or property owner on which the sale or storage is being conducted.
B. No cut evergreens shall be placed upon any sidewalk.
C. No cut evergreens more than two feet high 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
15 feet along each such street line from the intersection of those two street
lines.
D. No trees or cut evergreens shall be stored or sold on
lots on which there is a residential use as a principal, mixed or accessory
use.
[Added 10-21-1985 by Ord.
No. 85-251]
E. The sale and storage of poinsettias as well as plants,
trees or shrubs other than evergreens and cut evergreens are not permitted
by this chapter.
[Added 10-21-1985 by Ord.
No. 85-251]
F. Off-street parking for at least five vehicles shall be
maintained.
[Added 10-21-1985 by Ord.
No. 85-251]
G. Only one sign shall be permitted on the site and such
sign shall not exceed 10 square feet in area. No sign shall be of 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 equal to not less than the height of
the top of the sign above the ground.
[Added 10-21-1985 by Ord.
No. 85-251]
H. The placement of a trailer and/or the installation of lights
in connection with the sale of Christmas trees shall require additional permits
which shall be applied for and secured from the Construction Code Enforcement
Office. Any trailer shall be placed or positioned a minimum of 15 feet from
the street line.
[Added 4-21-2003 by Ord. No. 03-593]
Any person aggrieved by a decision of the Township Clerk with reference
to the issuance or nonissuance of a license may appeal such decision to the
Township Council by notifying the Township Clerk of the intent to appeal within
10 days of the applicant's receipt of the Township Clerk's decision. The Township
Council shall then schedule a hearing on such appeal within 30 days of receipt
of the notice of appeal, at which time the applicant may present evidence
to establish the grounds for the appeal. Said appeal shall be decided by a
majority vote of the Council, and the decision shall be final.
[Amended 7-30-1984 by Ord.
No. 84-222; 10-23-2006 by Ord. No. 06-656]
Any applicant or property owner who violates any provision of this chapter
shall, upon conviction thereof, be punished by a fine not exceeding $2,000
or by imprisonment for a term not exceeding 90 days, or both. A separate offense
shall be deemed committed on each day during or on which a violation occurs
or continues.