[HISTORY: Adopted by the Township Committee of the Township
of Washington 5-1-2012 by Ord. No. 2012-02. [1]Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 275.
Mosquito control — See Ch. 297.
Noise — See Ch. 310.
Public health nuisances — See Ch. 490.
[1]
Editor's Note: This ordinance superseded former Ch. 269, Junkyards,
adopted by Ord. No. 2000-1.
A.
Whereas, the Township Committee of the Township of Washington acknowledges
its duty to the residents of and visitors to the Township of Washington
and to the public as a whole to protect its health, safety and welfare;
and
B.
Whereas, N.J.S.A. 40:48-1 et seq. and 40:52-1 et seq. authorize a
municipality to regulate, control and license property, business enterprises
and in particular, junkyards, for the public health, safety and welfare;
and
C.
Whereas, a substantial portion of the land within the Township of
Washington is located in the New Jersey Pine Barrens, which consist
of unique geology, plant life and wildlife, and ecological features;
and
D.
Whereas, the Pine Barrens area, including the Township of Washington,
contains major natural resources, including a pristine supply of surface
and underground water; and
E.
Whereas, the residents of Washington Township and the public as a
whole depend upon local unpolluted water as the primary source of
drinking water with a Class I-PL designation as set forth by N.J.A.C.
7:9-6, Ground Water Quality Standards;[1] and
[1]
Editor's Note: See now N.J.A.C. 7:9C-1.1 et seq.
F.
Whereas, the residents of Washington Township and the public as a
whole depend in part on surface recharge of the underground drinking
water supply, and those surface water supplies must remain within
the acceptable bounds as set forth by N.J.A.C. 7:9B, New Jersey Surface
Water Quality Standards; and
G.
Whereas, the residents of Washington Township and the public as a
whole depend on soil conditions which will not impart, impact or otherwise
compromise the unique nature of the underground water through direct
leaving or other physical, chemical, or biological means, or any combination
thereof, above the standards outlined in N.J.A.C. 7:26D, Cleanup Standards
for Contaminated Sites;[2] and
[2]
Editor's Note: See now N.J.A.C. 7:9C-1.1 et seq.
H.
Whereas, Washington Township is physically located in a Pinelands
Watershed area bounded by three rivers with associated lakes and tributaries
and, as such, contains within its borders numerous areas designated
as freshwater wetlands, and the encroachment and impact to such areas
is protected by regulations specified in N.J.A.C. 7:7-1.4; and
I.
Whereas, the natural and pristine nature of Washington Township provides
enjoyment to the residents and the visiting public for camping and
related recreational purposes; and
J.
Whereas, preservation of the natural and unpolluted state of the
lands, forests, rivers, wetlands and coastal waters in Washington
Township not only supports unique geological conditions and plant
and animal life but also provides an unhampered study of same; and
K.
Whereas, it is of vital importance to residents of Washington Township
and the public as a whole to preserve such unpolluted areas in the
face of continually increasing encroachment in the United States as
whole; and
L.
Whereas, it is imperative that the Township Committee of the Township
of Washington takes what action is necessary to preserve and enhance
this natural and unique environment; and
M.
Whereas, the Township Committee of the Township of Washington finds
that junkyards in particular, because of the very nature of their
operation, present a special threat and concern to the environment,
aesthetics, and economy of the Township of Washington; and
N.
Whereas, the special nature of junkyard operations entails actual
and potential noise pollution, vermin infestation, and unsightliness;
and
O.
Whereas, the special nature of junkyards in particular entails the
actual and potential spread of motor vehicle fluids, battery acid,
rust, volatile organics and other pollutants through seepage and other
means; and
P.
Whereas, such pollution is particularly difficult to control in junkyards
because of the broad areas over which, and relatively random placement
of, junk; and
Q.
Whereas, the existing Junkyard Licensing Ordinance, especially in
light of increasing knowledge and education concerning the environment
and the extent of damage thereto from adversely impacting activities,
does not adequately protect the environment or provide adequate controls;
and
R.
Whereas, such protection and control are essential, not only to further
the policies of the various federal and state environmental laws and
agencies but also to protect the Township of Washington against claims,
lawsuits, and economic drain as a result thereof;
S.
Whereas, the existence of potential pollution, actual pollution,
and pollution-generating materials may result in monetary and cleanup
duties imposed upon the Township of Washington, which could be of
vast and enormous expense and well without the parameters of the budget
of the Township of Washington; and
T.
Whereas, while not precluding the possibility of eventual imposition
on other business of regulations similar to those contained in this
chapter, the Township Committee of the Township of Washington is particularly
concerned with regulation of junkyards because of their special nature;
U.
It is, therefore, deemed to be in the best interests of the Township
of Washington and the general public to license and regulate junkyards
as set forth in this chapter.
All ordinances or parts thereof of the Township of Washington
pertaining to junkyards shall be and are hereby repealed; in lieu
and instead thereof a new Junkyard Ordinance shall be enacted as set
forth herein. It is recognized that junkyards are not a permitted
use within the Township of Washington, and this new ordinance pertaining
to same applies to existing junkyards deemed to be permissible nonconforming
uses. The following are the licensing, application and regulations
for junkyards within the Township of Washington.
All junkyards as defined in this chapter are hereby prohibited
in all zoning districts in the Township of Washington, except as set
forth in this chapter and conditioned upon compliance with the licensing
and regulation provisions herein contained.
For the purposes of this chapter, the following terms are defined
as follows:
Any land or building which is maintained, used or operated
for storing, keeping, buying or selling wrecked, scrapped, ruined
or dismantled motor vehicles. Three or more such vehicles will constitute
an automobile graveyard.
The violation of any of the provisions of this chapter, or
any false statement contained in the application for license, or failure
to pay any license fee when due, or any conviction of the applicant
during the terms for which the license was issued, or the violation
of any statute or law of the State of New Jersey or any statute of
the United States or the United States government arising out of and
in the course of operating the junkyard.
Any old, discarded or unused waste material of any type,
whether or not it has outlived its usefulness or the original purpose,
including but not limited to iron, metals, glass, paper, rags, clothes,
machines, boats, automobiles, motor vehicles or parts thereof or accessories
thereof, such as auto bodies and the like, and all other materials
commonly or generally known as "junk" in the ordinary meaning of the
word, including, without limitation, parts or portions of automobiles
and discarded automobiles and automobile bodies.
Any person who deals in junk for commercial purposes or who
buys or otherwise acquires or collects or stores junk within the Township
of Washington.
Any building within the Township of Washington in which junk
is stored, placed, sold or purchased.
Any lands or parcels thereof on which junk is collected or
placed or stored or used or sold. The term "junkyard" shall include,
without limitation, automobile graveyards, junk dealers, junk shops
and, where applicable, licensed premises. This term does not include
and this chapter does not prohibit or require a license for storage
of old materials to be used by persons or entities storing the same
for manufacturing or other business purposes commonly used in connection
with, and as an accessory and subservient part of, the normal operation
of that business. However, any such old materials will be presumed
to be junk as defined by this subsection if they are kept on site
for a continuous period of more than two years.
Any lands or buildings, or both, for which a license has
been properly issued under this chapter.
Where, at the effective date of the adoption of this chapter,
the lawful use of land or a parcel thereof as a junkyard exists, such
use may be continued as a nonconforming use, provided that it remains
otherwise lawful and complies with the provisions of the ordinances
of the Township of Washington and the licensing procedures herein
contained.
A.
Any person, entity or junk dealer who shall operate or maintain a
junkyard shall apply for an annual license from the governing body
of the Township of Washington.
(1)
The term of each license shall be for a period for one calendar year.
(2)
The term of each license shall commence on January 1 of each year,
or upon the date of the governing body's granting of the applicant's
license.
(3)
The applicant shall file a renewal application 90 days before the
start of the next annual license term.
B.
Every applicant for a license shall file with the Township Clerk
a written application signed by the applicant(s) and the owner(s)
of the premises upon which junk is located, which application shall
contain the following information:
(1)
The name and address and endorsement of the applicant(s) and, if
a firm or corporation, the names and addresses of the officers and
registered agent or partners of said corporation.
(2)
The name and address and endorsement of the owner(s) of premises
where the junkyard is located and, if a firm or corporation, names
and addresses of the officers and the registered agent or partners.
(3)
The length of time said applicant or owner used the subject premises
as a junkyard prior to the application.
(4)
A full description of that portion of the premises actually being
utilized as a junkyard which will therefore be the subject of the
license application, including a metes and bounds description of the
lands constituting the junkyard portion and the entire outside perimeter
lot lines of the premises upon which a portion is utilized as the
junkyard, together with a description and location of any and all
buildings and improvements thereon, parking areas, description and
location of materials stored, location and structure of fencing and
landscaping, and means of egress and ingress. The aforesaid description
shall include a survey and site plan showing existing and proposed
uses prepared and certified by a licensed professional, and the applicant
shall provide the names and addresses of all owners of real estate
within a five-hundred-foot radius, according to a certified Tax Map
locator, of the outside lot lines of the premises. The applicant shall
provide notice of time, place and date of the junkyard license hearing
to such persons within the five-hundred-foot radius, which hearing
will be at the next regular meeting of the governing body of the Township
of Washington following submission of a completed application or such
other time as the governing body may dictate. Junkyard license applications
subsequent to the initial application under this chapter may provide
an affidavit of non change, if applicable, in lieu of an annual survey
and site plan.
(5)
A description of firefighting equipment and means of egress and ingress
for emergency-type vehicles, and any license approval shall be conditioned
upon approval of same by the local fire company representative or
such other official designated from time to time by the governing
body of the Township of Washington.
(6)
Monitoring wells shall be installed as herein set forth and according
to the specifications on file with the Township Engineer and the Township
Clerk, which said specifications shall be based upon New Jersey Department
of Environmental Protection Unconsolidated Monitor Well Specifications.
Sampling of monitor wells shall be required to meet those sampling
specifications based upon NJDEP's Field Sampling Procedures Manual
in force at the time of sampling. Monitoring wells must be tested
twice a year. All well groundwater samples shall be analyzed for compounds
in accordance with Table 2-3 of the current Technical Requirements
for Site Remediation, N.J.A.C. 7:26E. Monitoring well sampling shall
be taken and controlled by appropriate "chain of custody" procedures,
and analyzed by certified and licensed persons by the New Jersey Department
of Environmental Protection. If groundwater sample analysis reveals
compounds above NJDEP's most recent cleanup standards, all potable
wells located within a one-thousand-foot radius from a contaminated
monitoring well must be sampled within 30 days. Samples collected
from potable wells must be analyzed for all contaminants detected
in affected monitoring wells in accordance with drinking water standards.
Test results shall be filed with the Township Clerk within 20 days
of issuance.
(7)
A description of the means and location of draining, collection,
storage and disposal of liquids from automobile or automobile parts
prior to and subsequent to storage and a description of the containing
surfaces where such acts are to take place. The applicant shall provide
such documentation as may be required by the governing body to ensure
compliance with all laws pertaining to such materials.
(8)
The applicant shall execute such bonding, hold-harmless and/or indemnity
agreements and provide such bonds or insurance pertaining to liability
and environmental damage as may be reasonably required by the governing
body. No such bonds or insurance shall be required if same cannot
be reasonably obtained at a fair rate, and no such bonds or insurance
shall be required unless otherwise indicated at the license hearing.
(9)
A description of and location of monitoring wells as approved by
the Township Engineer, which said approval shall be obtained prior
to and included within the application. Any junkyard shall have a
minimum of three monitoring wells with at least one well located downgradient
from a potential area of contamination. One additional downgradient
well per each area of potential contamination may be required as determined
by the Township Engineer. Placement of monitoring wells must be reviewed
and approved by the Township prior to installation. Groundwater flow
direction shall be determined by a qualified professional (e.g., hydrogeologist).
(10)
No application will be considered unless the applicant provides
proof that all municipal real estate taxes and other municipal charges
are current on the licensed property.
(11)
Additional requirements for the application may be imposed from
time to time during the license hearing, or particular requirements
may be waived by the governing body on a case-by-case basis as circumstances
may justify or dictate, as a condition for issuance of the license,
if necessary to carry out the purposes of this chapter.
C.
License fees.
(1)
The applicant shall submit a nonrefundable license application fee,
made payable to the Township of Washington, in the amount of $500.
(2)
Any issue that may require the Township Engineer to undertake an
inspection or investigation shall be billed to the applicant at the
Engineer's Washington Township contracted billing rate.
D.
Upon receipt, the Township Clerk shall present any application, together
with the fee accompanying same, to the governing body at its next
regular meeting. Should the application be deemed by the governing
body to be incomplete, written notification by certified mail shall
be directed to the applicant, setting forth the reasons for determining
that the application is incomplete. If the application is deemed complete,
the governing body shall set forth when the license hearing shall
take place, which shall be at the next regular governing body meeting,
unless the governing body otherwise specifically provides, but in
no event more than 30 days after receipt of a complete application.
The following regulations shall pertain to junkyards:
A.
It shall be unlawful to stack, pile or place motor vehicles, parts
of motor vehicles, or any other junk or materials upon the premises
subject to the license, so that any such item or composite of items
exceeds 13 feet in height from ground level.
B.
The entire perimeter of that portion of the entire premises for which
a junkyard license has been issued shall be enclosed completely on
all sides by a fence approved by the governing body, or, at the option
of the license applicant, permanent survey monuments shall be provided,
indicating the portion beginning and end of each course of the premises'
legal description, and the part of the premises for which the junkyard
license is issued shall be delineated by the placement of metal posts
at least four feet in height, spray-painted a bright color every 20
feet around the perimeter. A fence providing a visual barrier shall
be required for enclosing any portion of the licensed premises adjacent
to or bordering a public road or right-of-way and any portion of the
licensed premises within 150 feet of such road or right-of-way, thus
creating a U-shaped visual barrier.
C.
Disposal of junk by incineration on the licensed premises is prohibited.
D.
No junk or rubbish or salvaged material of any type shall be kept
without the parameters of the monuments and fencing enclosing the
licensed premises.
E.
Any excessive or unreasonable noise created by operation of the junkyard,
creating a nuisance or otherwise violating any ordinance or law shall
be considered a violation of the license by the licensee.
F.
No license issued pursuant to the terms of this chapter shall entitle
any licensee or any person to operate under said license at, in or
upon any lot, building, dwelling or location or any part thereof,
other than that specified in the license. No license shall be assignable
or transferable to any place, lands or premises. A person-to-person
transfer may be permitted at the discretion of the governing body
upon proper application by an existing licensee. The application shall
contain names and addresses of all parties to the transfer applied
for, in accordance with all terms of this chapter, and shall be accompanied
by a payment to the Township of Washington in the amount of $100.
Any license so permitted to be transferred by the Township of Washington
shall expire on the same date as it would have had no transfer taken
place.
G.
No materials of an explosive, corrosive, ignitable or toxic nature
shall be kept, stored, used, maintained or demolished on the licensed
premises, except motor vehicle liquids and other materials and items
normally involved in the operation of the junkyard, and in accordance
with this chapter.
H.
No materials of an odorous, hazardous or environmentally detrimental
nature shall be kept or maintained on the licensed premises, except
motor vehicle liquids and other materials and items normally involved
in the operation of a junkyard, and in accordance with this chapter.
I.
The licensee shall at all times keep whatever fire equipment has
been required, pursuant to the application process, on the premises
in an accessible place and maintained in operating condition, and
shall at all times maintain clear and accessible egress and ingress
for emergency vehicles. The following minimum equipment for fire safety
shall be maintained and accessible to employees during the junkyard
operations:
J.
No licensee or his agent, representative or employee shall knowingly
or illegally buy, sell, receive, dispose of, conceal or have in its
possession any motor vehicle from which the manufacturer's serial
number or any other number or identification mark has been removed,
defaced, altered, covered or destroyed for the purpose of concealing
the identity of such vehicle, except as same may be accepted by the
licensee from a person or entity authorized by law to deliver such
items.
K.
No licensee or agent, representative or employee thereof shall illegally
receive or possess any goods, articles, or things which may have been
stolen and shall not have been legally obtained from a person or entity
authorized to deliver same. Should the licensee receive any such items
other than from a legal and authorized source, the licensee shall
immediately notify the nearest New Jersey State Troopers' barracks
of same.
L.
Any drainage, collection, storage or disposal of any liquids retrieved
from automobiles or parts thereof shall be accomplished on and over
a containing surface in a manner so as not to spill any such material
on the ground. The licensee shall drain antifreeze and fuel from any
automobile or part thereof within 48 hours of receipt of same and
prior to storage or any other disposition of such motor vehicle or
motor vehicle parts. Said liquids shall be disposed of in accord with
Department of Environmental Protection regulations.
M.
The junkyard shall be served by a fire lane that is 15 feet wide,
terminates in a manner which provides safe and efficient entry and
turnaround for fire equipment and, if present, has bridges or culverts
having a highway load limit of at least 20 tons. The fire lane shall
be kept clear of junk materials and storage that would impede access
by fire equipment.
N.
Storage areas for tires shall be separated from other junk materials
and storage areas by a firebreak that is clear of flammable material
and vegetation, to mineral soil or other road-surface material.
O.
If such motor vehicles, parts of motor vehicles, or any other junk
or materials upon the premises are stored one on top of another, then
such vehicles shall not be stored more than 16 feet in width. In no
case shall any item or composite of items exceed 13 feet in height
from ground level. Such storage configuration shall not exceed 500
feet in length. The purpose of this requirement is to allow access
by EMTs, firefighters, and equipment in the event of fire or other
emergency within the licensed premises.
P.
Each licensee shall comply with the relevant provisions and requirements
of the New Jersey Worker and Community Right to Know Act, N.J.S.A.
34:5A-1 et seq., and N.J.A.C. 8:59. A copy of the annual inventory
and report submitted to the New Jersey Department of Health and Services
shall be filed with the Clerk of Washington Township within 20 days
of submission.
A.
The Township of Washington, by licensing said license, reserves unto
itself the right to refuse the renewal of any existing license upon
a finding by the Township of Washington that the operation of said
junkyard at the premises used for said purpose is detrimental to the
health, safety and general welfare of the public. The granting of
a license under this chapter shall not be construed for any purposes
as permission to the licensee to maintain any condition which would
constitute a public or private nuisance, be detrimental to the environment,
or maintain any condition which would violate the regulations propounded
in this chapter or any other federal, state, county or local law or
regulation.
B.
Any licensee who has filed a timely and complete application shall
be permitted to continue junkyard operations, pending the application
hearing and determination, unless the governing body, upon such notice
to the licensee as is reasonably possible under the circumstances,
orders an immediate shutdown of junkyard operations because of a reasonable
belief of imminent public or environmental hazard as a result of such
operations.
A.
The Township of Washington may revoke any license at any time during
the period for which the license was issued on the Township's
own action or on the objection of a taxpayer or inhabitant of the
Township of Washington, upon any violation of the provisions of this
chapter, upon hearing, and upon at least 10 days' written notice
by certified mail to the licensee.
B.
The licensed premises shall be open to inspection by the Code Enforcement
Officer of the Township of Washington, the Board of Health, the Health
Officer, the State Troopers, or any authorized agent of the Township
of Washington, who shall have the right at any and all reasonable
times without prior notice to inspect any and all parts of the licensed
premises to ensure compliance with this chapter as well as applicable
state and federal law.
C.
In the event any license shall be revoked or voluntarily terminated,
any activities permitted by the license shall cease immediately. The
licensee or former licensee shall, within 90 days of such revocation
or termination, remove all junk from the premises, leaving the premises
clean and pollution-free, and provide full documentation of proper
disposal of the junkyard items. Any request for an extension of time
for such removal beyond the 90 days herein provided shall be made
to the governing body by filing such request with the Municipal Clerk
within 45 days of the final revocation or termination. Failure to
so remove shall, in addition to any other remedies that may be provided
by law, be deemed a nuisance and subject to removal by the Township,
the costs and expenses of which shall become a lien on the premises.
Any modifications to the terms and conditions of this chapter shall be by amendatory ordinance, except that, as provided in § 269-6B(11), additional specific requirements or waiver thereof to a specific applicant during a specific application proceeding may be imposed or permitted as consistent with and as provided in this chapter and § 269-6B(6).
Enforcement in a Municipal Court by way of prosecution of violations
of this chapter shall not be exclusive and shall not preclude other
remedies that may be available at law. A person violating any portion
of this chapter shall be subject to a fine of not less than $250 nor
more than $1,000, community service and/or may be imprisoned for a
term not to exceed 30 days.
