§ 146-2. Licensing of clothing donation bins., Chapter 146. Donation Bins, Part II. General Legislation, Code of Ordinances, Fanwood

The bin is owned or sponsored by a charitable organization registered pursuant to N.J.S.A. 45:17A-18 et seq. or is sponsored by an agency of the Borough;

The registered charitable organization has obtained a permit, valid for a twelve-month period, from the Borough's Zoning Officer in accordance with the following:

(1)

In its application for such a permit, the registered charitable organization shall provide:

(a)

The location where the bin is currently situated and/or proposed to be situated;

(b)

The way in which the charitable organization anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed and the method by which the proceeds of collected donations would be allocated or spent;

(c)

The name and telephone number of the bona fide office of the charitable organization and any entity which may share or profit from any clothing or other donations collected via the bin;

(d)

Written consent from the property owner to place the bin on its/his/her property; and

(e)

All requirements for renewal under Subsection B(4) hereafter.

(2)

The Zoning Officer shall not grant a permit to place, use, employ or continue to place, use or employ a bin if the Zoning Officer determines that the placement of the bin could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of a bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.

(3)

The Zoning Officer shall impose a fee for such application, in the annual amount of $25 for each bin to offset the costs involved in enforcing this chapter.

(4)

A permit for a bin may be renewed upon application for renewal and payment of the applicable annual fee at least 30 days prior to its expiration. Such application for renewal shall include information detailing:

(a)

The location where the bin is situated, and, if the person intends to move it, the new location where the bin would be situated after the renewal is granted and written consent from the property owner to place the bin on its property;

(b)

The manner in which the charitable organization has used, sold, or dispersed any clothing or other donations collected via the bin; the method by which the proceeds of collected donations have been allocated or spent; and any changes the charitable organization anticipates making in the processes during the period covered by the renewal; and

(c)

The name and telephone number of the bona fide office of the charitable organization and of any entity which shared or profited from any clothing or other donations collected via the bin and of any entities which may do so during the period covered by the renewal.

(5)

The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the bin.

The registered charity, and any other entity which may share or profit from any clothing or other donations collected via the bin must maintain a bona fide office where a representative of the charitable organization or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the charitable organization or other entity. For purposes of this subsection, an answering service unrelated to the charitable organization shall not constitute a bona fide office.

The following information shall be clearly and conspicuously displayed on the exterior of the bin, in addition to that required by § 146-2B(5):

(1)

The name and address of the registered charitable organization that owns or is the sponsor of the bin, and of any other entity which may share or profit from any clothing or other donations collected via the bin;

(2)

The registered charitable organization's charitable registration number;

(3)

The telephone number of the registered charitable organization's bona fide office and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin.

(4)

In cases when any entity other than the entity which owns the bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both, may be shared or given entirely to, an entity other than the entity which owns the bin, and identifying all such entities which may share or profit from such donations; and

(5)

A statement, consistent with the information provided to the Borough in the most recent permit or renewal application indicating the manner in which the entity anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds would be allocated or spent.