As currently stated, three business entities located in or contiguous to a residential area are permitted to operate overnight in Lyndhurst: gas stations that don’t accept cash after midnight, restaurants serving food with at least three employees on duty and small businesses that encompass less than 3,500 square of space. Those small businesses must also have at least two employees on duty and front or abut a state highway.

The new ordinance, however, would restrict those small businesses if they are not a gas station or restaurant. It would also be widespread, as Route 3 and Route 17 border Lyndhurst , and Ridge Road is an extension of Route 17. It’s the main artery running through the township and abutted on both sides by residential areas and dotted along its path with a mixture of residential and business and mixed-use zoning. Most other South Bergenite coverage area towns contain the main multi-lane arteries of Route17, which are predominantly bound by all commercial districts.

"Right now, we’re looking at all our zoning ordinances and making a lot of changes because we are soon going to be revising our master plan," said Mayor Richard DiLascio. "I just don’t want anything to interfere with the future redevelopment of the town and allow something now that could impact that adversely in the future."

DiLascio said looking at future zoning was the only provocation for the 24-hour ordinance amendment and there were no pending applications or resident complaints that warranted it, as had appeared to be the case when bordering Rutherford passed a similar ordinance last year.

"No groups of angry residents have come in complaining about businesses, there’s no Quick Cheks or 7-Elevens running in that have a pending application," said DiLascio. "This is essentially just for the proper planning of moving ahead with zoning in the township. It’s not as if there is a business now that would be denied overnight hours if we put this ordinance on the books."

DiLascio said the 7-Eleven on Orient Way under the new measure would be restricted overnight hours due to its size and location, bound by Route 3 to the north and a residential area adjacent to it. However, the gas station portion of the business would still be able to operate. Both entities will be grandfathered in, however, and will not be affected if the ordinance passes.

In Rutherford however, 7-Eleven franchise owner Nasser Nasser who planned to run his new convenience store on Jackson Avenue overnight met the borough’s ordinance with fierce resistance. Just prior to the opening of his store last May, the borough struck an ordinance limiting the hours of operation of convenience stores in areas that are not zoned for ORD (office, research and development – light industrial) and HC (highway commercial). On behalf of Nasser, the 7-Eleven corporation has sued the borough for the right to remain open 24 hours claiming the borough was unjustly singling out the store while two others in town were reserved the right to remain open overnight.

According to Borough Attorney Lane Biviano, the suit is still tied up in the court system and no dates have yet been scheduled to hear the case.