[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood 9-12-1996 by Ord. No. 96-11R. Amendments noted where applicable.]
Terms as used in this chapter shall have the following meanings:
Any part normally attached to the interior or exterior of
a vehicle for its operation, comfort or appearance.
A motor vehicle which, in its then existing state, cannot
be moved under its own power from place to place on a public highway.
As stated and defined in the Revised Statutes of the State
of New Jersey, N.J.S.A. 39:1-1 et seq.
Any person who is licensed under the laws of the State of
New Jersey as a new or used car dealer or any person who maintains
or operates a facility where automobiles, either new or used, are
stored, displayed or offered for sale or lease.
Any person who is licensed under the laws of the State of
New Jersey to operate a service station or automobile facility or
to dispense gasoline or any person who maintains or operates a facility
to repair, maintain, service or store motor vehicles, whether operable
or inoperable.
No person shall park, leave, or store any inoperable motor vehicle
or component parts thereof on any public property, including streets
and parking lots, except in case of emergency and then for a period
of not more than 24 hours. This provision shall not apply to the Borough
of Fanwood.
Except for service stations or garage operators or new or used car dealers, no person shall park, leave or store or maintain any inoperable motor vehicle or component parts thereof for a period of more than 30 days upon any private property, except as provided in § 284-6.
No owner or occupier of any private property, except such property occupied by a service station or garage operator or new or used car dealer, shall permit or allow any inoperable motor vehicle or component parts thereof to be parked, left, stored or maintained on his or her property for more than 30 days, except as provided in § 284-3.
A.
Not more than 10 vehicles. Service station or garage operators and
new or used car dealers shall have the right to park, have, store
or maintain, at any one time, no more than 10 inoperable motor vehicles
or component parts thereof on private property owned or occupied by
such operators or dealers, when such vehicles or any of them are being
or are about to be repaired or are being disposed of or scrapped or
are being held for insurance company evaluations, so long as there
has been complete compliance with the following conditions:
(1)
Such storage of any single motor vehicles shall not continue for
more than 90 days.
(2)
All of the other applicable provisions of the Code of the Borough
of Fanwood are met.
(3)
All requirements of Chapter 184, Land Use, of the Code of the Borough of Fanwood for the location and operation of such storage facility are met.
(4)
Leaks or drippings of vehicle fluids shall be trapped by a suitable
container so as to prevent the fluid(s) or drippings from seeping
into the pavement or ground.
B.
More than 10 vehicles. Service station or garage operators or licensed
new or used car dealers shall have the right to park, have, store
or maintain, at any one time, more than 10 inoperable motor vehicles
or component parts thereof on private property owned or occupied by
such operators or dealers so long as there has been complete compliance
with the following conditions:
(1)
Such storage of any single vehicle shall not continue for more than
180 days.
(2)
All of the other applicable provisions of the Code of the Borough
of Fanwood are met.
(3)
All requirements of Chapter 184, Land Use, of the Code of the Borough of Fanwood for the location and operation of such storage facility are met.
(4)
Fire lanes of adequate width and location, as determined by the Fanwood
Fire Department, must be provided.
(5)
Any vegetation in the storage area must be kept trimmed and cut back
to within four inches of ground level and all resultant trimmings
and clippings removed from the storage area.
(6)
The property must be fully lighted and the area devoted to vehicle
storage paved to provide support for emergency vehicles. Paving materials
may be gravel, cinders, macadam, concrete or other similar materials
and must be sufficient depth to provide support equivalent to four
inches of gravel;
(7)
The property must be surrounded by solid-type fencing at least six
feet in height to prevent unlawful entry, with the fences maintained
in good repair at all times and in sufficient quantity, density and
location to preclude viewing of the inoperable vehicles from the public
street or adjacent properties from ground level.
(8)
Leaks or drippings of vehicle fluids shall be trapped by a suitable
container so as to prevent the fluid(s) or drippings from seeping
into the pavement of ground.
C.
For purposes of this section, property separated from the main place
of business of the service station or garage operator or new or used
car dealer by a public road or property owned or operated by another
shall be considered as part of the same property and activity.
The provisions of this chapter shall not apply to motor vehicles
located inside enclosed garages or buildings or an appropriate cover
specifically designed to fit the vehicle or new or used vehicles being
held for sale by a licensed new or used car dealer which are not inoperable.
This chapter shall not be construed as permitting any use in a particular zoning district if that use is prohibited by Chapter 184, Land Use, of the Borough Code, nor shall this chapter be construed as permitting junkyards.
A.
Any person who shall violate any provision of this chapter, shall,
upon conviction thereof, be liable to a fine of not more than $2,000
or imprisonment for a term of not more than 90 days, or both.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
B.
The imposition of a penalty or penalties for any violation of this
chapter shall not excuse the violation or permit it to continue, and
all such persons shall be required to correct or remedy such violations
within a reasonable time and in no event later than 10 days. If such
violations are not corrected or remedied within a reasonable time,
then each 15 days thereafter that the prohibited conditions are maintained
shall constitute a separate offense hereunder.
Whenever §§ 284-3 through 284-7 are being violated, the Zoning Officer shall notify the owner or tenant, by certified and regular mail, to abate the violation by removing the inoperable vehicle(s) or component part(s) from the Borough or into an enclosed garage, barn or other building or to cover the vehicle as per § 284-6 within 10 days of the service of the notice. In the event that the certified mail is refused or not delivered, three days after the mailing of the regular mail notice shall constitute the date of service. In the event that the owner refuses or neglects to abate the violation within the time provided, under the direction of the Zoning Officer, the borough shall be entitled to remove the inoperable vehicle(s) or component part(s). The cost of removal shall be charged against the lands on which the violation took place, the amount so charged shall become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
