[HISTORY: Adopted by the Township Committee of the Township
of Independence 12-8-2009 by Ord. No. 2009-08. Amendments noted
where applicable.]
No person shall establish, operate or maintain a motor vehicle
junkyard or business or any other junkyard, or junk business, nor
store, purchase, sell or deal in junk unless he shall first obtain
a license for such yard, business or storage from the Township Committee
of the Township of Independence.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any and all materials that are deemed to be designated
as such a material as designated by the Environmental Protection Agency
and the Department of Environmental Protection.
Any old, discarded or unused waste iron or other metal or
substance, glass, paper, used lumber, rags, machine parts, accessories,
discarded machinery or discarded machines in whole or in part, unregistered
motor vehicles which are unfit for reconditioning or for sale for
highway transportation, used parts of motor vehicles, tires, drums,
canisters, storage containers and any material commonly known and
generally referred to as "junk" in the ordinary meaning of the word.
Any lot of land within the Township of Independence on which
junk is placed, collected, stored or kept.
Describes any business or place of storage or deposit on
property in the Township of Independence of either three or more unregistered
motor vehicles or two or more automobiles which, in the opinion of
the Police Department, are unfit for reconditioning for use for highway
transportation or used parts of motor vehicles or material which has
been part of a motor vehicle, the sum of which parts or materials
shall, in the opinion of the Police Department, be equal in bulk to
three or more motor vehicles.
A.
Every applicant for a license under provisions of this chapter shall
file with the Township Clerk of the Township of Independence a written
application signed by the applicant or applicants, which application
shall state or include:
(1)
Proof that the existing or proposed junkyard is a permitted or lawful
preexisting use in the zoning district in which it is located or proposed.
(2)
The name and residence of the applicant; and if a firm, association,
partnership or corporation, the name and address of the officers and
the registered agent or partners.
(3)
The detailed nature of the business to be conducted and the classes
of material which it is proposed to store therein.
(4)
The place where the business is to be located and carried on, by
metes and bounds, and also the present zoning class of said property.
(5)
A survey plan showing the existing or proposed entrance or entrances
to the premises where said business is to be conducted and the names
and addresses of all owners of real estate on both sides of the street
or road for a distance of 1,000 feet on each side thereof.
(6)
If the applicant is not the owner of the site where the business
is to be conducted, the owner's consent to the conduct of the
business shall accompany the application.
(7)
The type and location of fence to be constructed around the premises.
(8)
The applicant must post, in a conspicuous place, the hours of operation
and an emergency telephone number. This number must also be on file
with the Police Department, Emergency Management and the Township
Clerk.
(9)
Each application shall contain an environmental assessment of the
property to be licensed, prepared by an environmental or chemical
engineer, which indicates whether or not the property to be licensed
conforms to all federal and state environmental regulations. In the
event that a property does not conform to all federal and state environmental
regulations, a conditional license may be issued if the property owner
can demonstrate that it is engaged in a cleanup of the property, either
under the supervision of the Environmental Protection Agency or the
New Jersey Department of Environmental Protection. Failure to follow
all requirements of such supervised cleanup will result in the revocation
of such license. The applicant or license holder may fulfill the requirements
of this subsection by submitting any and all documents that are required
pursuant to federal, state, and county laws which satisfies this subsection.
(10)
The applicant is required to immediately report to the Township
any violations of the state, federal or local regulations and all
remedial action that is taken. The applicant is further required to
provide copies of any and all violations to the Township and any remedial
action that has been implemented.
(11)
All applications and the required documentation must be submitted
to the Clerk's office at least 30 days prior to the renewal date.
The Clerk's office shall not be required to assemble the necessary
documentation to deem an application complete.
(12)
The renewal application must be accompanied by a certified report
of the total tonnage of materials recycled during the previous year
and documentation to support the lawful disposal of hazardous materials.
B.
The applicant shall submit proof that all real estate tax bills due
and owing to the municipality have been paid in full. The applicant
shall submit proof that all prior application fees and license fees
have been paid in full prior to the issuance or renewal of any license.
C.
Such application shall be accompanied by cash or certified check,
payable to the order of the Township of Independence, in a sum equaling
the whole license fee, which sum is nonrefundable.
Each application shall be reviewed by the Township Engineer,
who shall conduct a site visit, and forwarded to the Township Committee
with a recommendation. The application shall be acted upon by resolution
of the Township Committee upon receipt of a completed application
and recommendation from the Township Engineer.
All licenses issued pursuant to the provisions of this chapter shall expire at 12:00 midnight on April 1 next succeeding the date of the issuance thereof, and all persons, firms, associations, partnerships or corporations desiring to continue in such business after the expiration of any license granted hereunder shall make application before March 1 for a new license for the ensuing year and shall pay the license fee in like manner and amount as for the issuance of the original license. Renewal shall be subject to a site visit and site plan review by the Township Engineer. No hearing shall be necessary for such renewal unless recommended by the Engineer based on substantial changes to operation. Persons operating junkyards as of the effective date of this chapter shall have 60 days within which to apply for and obtain a license to operate. If, after a good faith attempt to do so, the operator of an existing junkyard has not been able to complete all of the requirements of § 250-3 of this chapter within said sixty-day period, he/she may, prior to the expiration of the sixty-day period, request that the Township Committee grant additional time, up to an additional 60 days, to secure a license. The Township Committee shall extend the time to secure a license if the Township Engineer recommends such an extension based on his/her conclusion that the applicant has made a good faith attempt to comply with the terms of this chapter, but has been prevented from submitting all necessary information because of conditions beyond the applicant's control. No further extensions shall be granted absent a showing of extraordinary circumstances beyond the applicant's control. Any existing operator of a junkyard who is not issued a license within the time periods set forth in this section shall immediately cease operations until a license is granted.
A separate license shall be obtained for each separate location
at which the business of the licensee or some part thereof is proposed
to be conducted, and the license shall authorize the licensee to conduct
said business only at the place specified in the license and shall
not be transferable to another person, firm, association, partnership,
corporation or location.
The annual licensing fees for junkyards in Independence Township
shall be as follows:
No license shall be issued until the applicant shall have established
that the proposed business can be operated in accordance with the
requirements of this chapter.
Junkyards shall be operated as follows:
A.
No motor vehicle or junk shall be stored or dismantled within 100
feet of any dwelling house, except such dwelling house as may be situated
on the licensed premises, nor shall any motor vehicle or junk be stored
or dismantled within 50 feet of any street or roadway.
B.
The license holder shall be required to operate his/her facility
in a safe and secure manner and shall comply with all of the requirements
of this chapter.
C.
No junk shall be stacked, piled or otherwise placed within 12 feet
of the side line of the licensed premises, and there shall be at least
a twelve-foot separation between junk that is stacked, piled or otherwise
placed within the licensed premises. Said separation shall permit
emergency vehicles, such as police, fire, ambulance and rescue vehicles,
to pass through said lanes. Each applicant shall be required to submit
a plot plan for the site which designates the ingress and egress and
corresponding sight distances for the entire site. This plan shall
be reviewed and approved by the Township Engineer or his/her designee.
D.
All vehicles which are towed or delivered to a facility licensed
herein shall be immediately placed within the designated junkyard
area. If a vehicle is towed to the facility after the normal hours
of operation to a designated area for overnight storage, said vehicle
must be placed within the storage area within 24 hours.
E.
Any and all facilities licensed under this chapter are required to
provide to the Office of Emergency Management a quarterly report as
to the disposal of all hazardous materials taken in and out, all spills,
oil, gas, etc.
F.
The removal and retrieval of all hazardous materials shall take place
in one designated area. Said area shall be provided as part of the
approved plot plan on file in the Township and shall be approved as
a proper storage area.
G.
The applicant or license holder is not required to incur duplicate
expense in satisfying the criteria set forth as part of the application
or renewal process. The individual or entity may submit documentation
that was required for other agencies as long as it satisfies the information
requested by the Township. The waiver of these requirements shall
only be granted by the Committee.
H.
All junkyards shall be in compliance with the New Jersey Uniform
Fire Code, N.J.A.C. 5:70-3.1 et seq.
I.
Any facility contained herein, that currently collects, salvages,
recycles and sells or stores tires must store same in conformance
with the standards adopted by the National Fire Protection Association
(NFPA 231D).
J.
All liquids are to be drained from all motor vehicles within 24 hours
that any such motor vehicle is received at the facility. All such
liquids shall be removed from the facility within 48 hours of the
time that any such motor vehicle is received at the facility and shall
be disposed of in accordance with law.
A.
Any motor vehicle junk business or motor vehicle junkyard adjacent
to or visible from a state highway as defined in N.J.S.A. 39:11-2
shall also be subject to the provisions included in N.J.S.A. 39:11-1
et seq.
B.
Any junkyard as defined in N.J.S.A. 27:5E-3 within 1,000 feet of
the nearest edge of the right-of-way of any interstate or primary
highway shall also be subject to the provisions included in N.J.S.A.
27:5E-1 et seq.
A.
All yards or places where such businesses are or shall be conducted
or where such materials are to be stored or kept shall have the following
type of fence installed in order to ensure that all motor vehicles
and junk are stored only within the fenced and enclosed area:
(1)
The fence posts must be made of steel pipe of at least 1 1/2
inches in diameter or another type of durable material of the equivalent
strength.
(2)
Fence posts must be set in cement at no more than 25 feet apart.
(3)
The fence must be made of an opaque material.
(4)
The fence shall be at least six feet high.
(5)
The fence shall surround the entire area designated as the junkyard on the application for the license submitted under § 250-3. The fence shall be placed directly upon the property line on any side or rear yard property line and may not be any closer than 50 feet to the edge of the right-of-way of any roadway and shall be erected in a location as to shield the operation from adjoining properties and/or the public roadway.
(6)
A gate must be installed to secure the facility and must be capable
of being locked during nonbusiness hours.
(7)
This section shall be applicable to all existing and future facilities.
In the event a fence is replaced, repaired or newly installed, the
fence shall be required to be opaque in nature.
(9)
This section is applicable to all existing and future facilities.
B.
The fence must be installed within 60 days of the passage of this
chapter, unless an application is made to the Township Committee for
an extension of time, based upon weather conditions or for good cause
shown.
It shall be unlawful to hammer or pound any metals or other
materials on said premises between the hours of 7:00 p.m. and 7:00
a.m., Monday through Friday, nor between the hours of 12:00 noon on
Saturday through 7:00 a.m. on Monday. Notwithstanding the provisions
of this section, the facility shall be required to operate in compliance
with all applicable ordinances of the Township of Independence.
The Township Engineer, Fire Inspector, Zoning Officer or any
authorized agent of the Township shall have the right at any and all
reasonable times to inspect any or all parts of the licensed premises.
Each facility is required to be inspected on a quarterly basis by
a designated Township official. Any refusal by the licensee to permit
access to the property by a Township official shall constitute a violation
of this chapter.
It shall be unlawful for persons to deposit or leave any abandoned
or unlicensed automobile, truck or other automotive equipment or any
part thereof or any other junk in open fields or upon any public or
private property unless said premises is a junkyard licensed under
the provisions of this chapter and said placing of such automobile,
truck or other automobile equipment or parts thereof is placed with
the direct permission of the owner of said licensed junkyard. The
provisions of this chapter shall be enforced by the Independence Township
Police Department.
It shall be unlawful for persons to store, keep or place two
or more unregistered motor vehicles or two or more automobiles which,
in the opinion of the Police Department, are unfit for reconditioning
for use for highway transportation, or to store used parts of motor
vehicles or material which has been a part of a motor vehicle, the
sum of which parts or materials shall, in the opinion of the Police
Department, be equal in bulk to three or more motor vehicles, without
first obtaining a junkyard license.
All licenses under this chapter shall at all times be subject
to such reasonable rules as may be made from time to time by the Township
Committee for the proper operation and regulation of the place of
business named in such license. Said licenses are further subject
to all zoning regulations[1] of the Township and N.J.A.C. 5:70-3.1 et seq. Nothing
in this chapter shall authorize the continued operation or establishment
of a junkyard in a zoning district in which it is not a permitted
or lawful preexisting use.
A.
Any license issued under this chapter may be revoked after at least
10 days written notice to the licensee at the address set forth on
the initial application of the same and after a fair and impartial
hearing is held by the Township Committee to consider any charges
presented for any violation of the terms of this chapter or of any
state or federal statute or for any falsification in applying for
the license.
B.
A hearing shall be held by the Township Committee after the licensee
has received at least 10 days notice of a hearing date. The Township
Committee may extend a hearing date for just cause.
C.
The Township Committee shall render a decision pertaining to said
revocation as a result of the hearing within 30 days from the date
of the initial hearing or 30 days of a hearing resulting from any
extension requested.
Any person, firm or corporation keeping, maintaining and operating
a junkyard on the effective day of this chapter shall be entitled
to a license as provided herein, provided that they file their application
for said license within 60 days from the effective date of this chapter,
pay the required license fee therefor and comply in all respects with
the provisions of this chapter. After the period of 60 days from the
effective date of this chapter, no new license shall be issued unless
and until the number of such licenses outstanding is fewer than five.
If for any reason a license under this chapter is either revoked or
voluntarily forfeited, then the number of licenses permitted shall
be reduced by that amount.
Any junkyard license for a new license term, which is issued
to replace a license which expired on the last day of the license
term which immediately preceded the commencement of said new license
term, or which is issued to replace a license which expired on the
last day of the license term, shall be deemed to be a renewal of the
expired or expiring license; provided, however, that said license
is for the same owner as the expired or expiring license, covers the
same junkyard and is issued to the holder of the expired or expiring
license and is issued pursuant to an application therefor which shall
have been filed with the Township Clerk prior to the commencement
of said new license term. Junkyard licenses issued otherwise than
above herein provided shall be deemed to be new licenses. At the time
of renewal, the applicant shall report all DEP, EPA and/or county
violations that occurred during the preceding year for the junkyard
in question and all other junkyards in which the owner has had an
interest.
Any person, firm or corporation who shall violate a provision
of this chapter or fail to comply therewith or who shall violate or
fail to comply with any order or regulation made thereunder shall
severally for each and every such violation and noncompliance forfeit
and pay a penalty not to exceed the sum of $1,000 or be imprisoned
in the Warren County Jail for a period of not more than 90 days, or
both. The imposition of a penalty for a violation of this chapter
shall not excuse the violation nor permit it to continue. Such violation
shall be remedied within 10 days of the imposition of said penalty;
thereafter each additional 10 days that such violation is permitted
to exist shall constitute a separate offense. The application of the
above penalty shall not be held to prevent the enforced removal of
prohibited conditions.
Upon request to the Township Clerk by any applicant for a renewal
license, the Township Committee may, for good cause shown, waive or
reduce any provision of this chapter providing for operation and maintenance
regulations and fencing when it shall determine that a particular
application is unique and the intended public safety and aesthetic
considerations do not require the enforcement of a particular portion
or portions of said sections as to that particular applicant.
