[HISTORY: Adopted by the Borough Council of the Borough of
Spotswood 6-13-2005 by Ord. No. 2005-01. (This ordinance also repealed
former Ch. 117, Junkyards, derived from Sec. 7-5 of the 1969 Revised
General Ordinance as adopted 5-11-1970 by Ord. No. 278, as amended through 9/94.)
Amendments noted where applicable.]
All junkyards as defined in this chapter are prohibited unless permitted by Chapter 120 of the Code of the Borough of Spotswood, entitled "Land Development."
A.
Existing junkyards may be continued as a nonconforming use, provided
that there is compliance with the provisions of this chapter as well
as applicable state and federal rules and regulations. Failure to
obtain a license or renew a license pursuant to this chapter may be
deemed an abandonment of the use of the premises as a junkyard.
B.
Any person operating an existing nonconforming junkyard or subject
to the license renewal provisions of this chapter shall submit a complete
application for a license pursuant to this chapter or within 90 days
of the effective date of this chapter, whichever shall be applicable.
For purposes of this chapter, the following definitions are
hereby established:
Old or scrap copper, glass, brass, rags, batteries, paper,
trash, debris, waste or junked, dismantled or wrecked motor vehicles
or parts thereof, iron, steel and other old or scrap ferrous or nonferrous
metals of any type and all other materials commonly or generally known
as "junk" in the ordinary meaning of the word.
A place where old metal, junk or material of any kind, including,
but not by way of excluding, disabled vehicles either held or not
held for sale in parts or as junk and either sold, stored or dealt
in. Any place, establishment or land which is maintained, operated
or used for storing, keeping, buying, selling or just leaving junk
on said premises or for the maintenance or operation of an automobile
graveyard is hereby defined as a junkyard.
Includes partnerships, corporations or limited-liability
companies. The masculine gender shall include the feminine, and the
single number shall include the plural numbers.
A.
All persons hereinafter desiring to operate any junkyard within the
Borough of Spotswood shall, before commencing such operation or continuing
any operation during any calendar year, make application to the Borough
Clerk for a license to conduct such operation. Applications for such
licenses and a copy of this chapter shall be furnished upon request
from the Borough Clerk. Upon submission by the applicant and determination
that the application is complete, a public hearing shall be conducted
upon said application by the Borough Council prior to the issuance
of any license when applicable under the provisions of this chapter.
The applicant shall have the burden of proof at such public hearing
to demonstrate that there has been compliance with the provisions
of this chapter.
B.
An applicant shall be required to notify by certified mail, return
receipt requested, all property owners within 200 feet of the premises
in question of the time and place of the hearing upon notification
by the Borough Clerk that an application is complete. The applicant
shall obtain a certified list of property owners from the Borough's
Tax Collector. Proof of mailing of notice at least 10 days prior to
the hearing shall be provided by the applicant.
C.
The applicant shall also publish notice of the public hearing in
the official newspaper of the Borough and provide proof of publication
at least 10 days prior to the hearing.
A.
Hours of operation for any junkyard, except for the operations described in Subsection B hereinafter, shall be from 7:00 a.m. to 8:00 p.m., Monday through Friday, and 10:00 a.m. to 5:00 p.m. on Saturday. No operation shall be conducted on Sundays except for the retail sale of shelf items from 10:00 a.m. to 5:00 p.m., which items shall not require dismantling or use of any machinery, equipment or tools in order to conduct said sale. In addition, no operation shall be conducted on the following legal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day or Christmas Day. No machinery or equipment shall be operated upon the junkyard site prior to or subsequent to the permitted hours of operation. Upon written request of the licensee and for good cause shown, i.e., compliance with the provisions of this chapter in order that the public health safety and welfare be secured for the reasons set forth in the preamble to this chapter,[1] the Borough Council may extend the hours of operation,
provided that the extension is for specified hours and for specific
duration of time not to exceed 90 days, and further provided that
the extended hours do not adversely impact upon the health, safety
and welfare of the citizens of the Borough of Spotswood and are required
for the efficient regulation of junkyard operations with the Borough.
[1]
Editor's Note: A complete copy of Ord. No. 2005-01, including
the preamble, is on file in the Borough offices.
B.
No hammering, pounding or crushing of any metals or other materials on the premises shall occur before the hour of 8:30 a.m. or after the hour of 6:00 p.m, from Monday through Friday, before the hour of 10:00 a.m. or after the hour of 5:00 p.m. on Saturday or at any time on Sundays or the legal holidays set forth in Subsection A above. All crushing machinery or equipment shall be located on a concrete or impervious surface at all times.
A plot plan shall be submitted with an application. These documents
shall contain, as a minimum, the following information:
A.
Any map or plan submitted in compliance with this chapter shall be
24 inches by 36 inches.
B.
The title block shall include the following information:
D.
General plot plan requirements:
(1)
An accurate boundary survey prepared and certified by a New Jersey
licensed land surveyor showing all internal physical features and
improvements. The survey shall be based on a field traverse with an
error closure not less than one part in 10,000.
(2)
In the event that the boundary survey shall reveal any encroachments
onto adjoining properties, the applicant shall cause such encroachments
to be removed and shall provide a new boundary survey (as required
herein) demonstrating that any such encroachments have in fact been
removed.
[Added 9-6-2006 by Ord. No. 2006-18]
The following construction and operation standards shall be
adhered to in junkyard operations:
A.
All entrances shall be gated, the gates shall be of the same material
as required for fencing referenced below, and accessible around the
clock for emergency vehicle access.
B.
It shall be unlawful to stack, pile or place motor vehicles, parts
of motor vehicles or any other junk or materials upon such premises
in such a manner as to create a place for the harboring or breeding
of mice, rats or other vermin or to stack, pile or place junk above
the height of the boundary fence surrounding the premises.
C.
All junkyards shall be completely obstructed from the ground level
view of every and all adjoining landowners and from any and every
public street. Every junkyard or place where junk is stored shall
be enclosed completely on all sides by a fence at least eight feet
high and shall be of cinder block, masonry or other type and construction
as shall be approved by the Borough Engineer. There shall be no advertisement
allowed or any description or writing on said fence, except the name
of the business, if any, and said writing shall not exceed an area
of six square feet. The fencing shall be completed within one year
of application for a license under this chapter, and completion shall
be a condition of renewal. The fence shall effectuate the obstruction
of the junkyard from view as set forth hereinabove.
D.
All burning of any kind shall be prohibited, and adequate precautions shall be taken in every junkyard to prevent fire from breaking out or spreading. No explosive or extremely inflammable material shall be stored in a junkyard except as permitted in Subsection G below.
E.
No junk, rubbish or salvage of any type shall be maintained outside
the enclosure surrounding any junkyard.
F.
No license issued pursuant to the terms of this chapter shall entitle
any applicant or anyone else to operate under said license at, in
or on 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 other person or party whatsoever or to any
other land or premises other than premises previously approved as
a junkyard and operating under a valid license previously issued.
The only transfer allowed shall be a person-to-person transfer, upon
application made to the Borough Council of the Borough of Spotswood,
of an existing licensed junkyard. The application shall contain the
names and addresses of all parties to the transfer, and the applicant
shall provide all information required by this chapter; the application
shall be accompanied by a check payable to the Borough of Spotswood
in the amount of $500. Any license authorized for transfer by the
Borough Council of the Borough of Spotswood shall expire on the 31st
day of December of the year in which the transfer is made. Thereafter,
the license may be renewed in accordance with the terms of this chapter.
G.
No materials of an explosive nature shall be stored, maintained,
detonated or demolished on any premises except as may be permitted
to be maintained by fire prevention code or other applicable law for
operation of a junkyard.
H.
No materials shall be kept or maintained on any said premises which
shall be of such odorous nature as to be offensive to adjoining landowners
and property owners or other inhabitants in the area of the licensed
premises nor shall any intentional discharge be permitted.
[Amended 9-6-2006 by Ord. No. 2006-18]
I.
The applicant shall maintain sufficient fire extinguishers on the
licensed premises at all times and shall establish such fire protection
measures as may be required by the Uniform Fire Safety Code or by
reason of any other law.
J.
All junkyards shall comply with all county, state and federal governmental
laws and regulations.
K.
Any new buildings or junkyard operations shall be located at least
100 feet from any property line or roadway. Existing buildings or
operations, closer than 100 feet at the time of initial licensing
under this chapter, shall be exempt.
L.
No materials regulated herein shall be placed on the licensed premises
in a manner which permits rainwater to collect and remain in and about
the premises for a period longer than 24 hours.
M.
No operator of a junkyard shall permit rodents or conditions likely
to attract rodents or any other unhealthful or unsanitary condition
to exist on the premises.
N.
Copies of all applicable local, state and federal licenses that may
be required shall be maintained on the site, made available to the
Borough for inspection, and be resubmitted with renewal applications.
A.
Upon determining that an application complies with the standards and requirements of this chapter, and after public hearing, the Borough Council shall grant the application for a license. The initial license shall expire December 31 of the year following the year of issuance and thereafter must be renewed annually. Renewal applications shall be made by October 1 of the year in which the license shall expire and acted upon by the Borough Council prior to December 31. Failure to file a complete application and documentation shall constitute a violation of this chapter in the event an applicant is notified that the application is incomplete and shall not submit missing or accurate information or correct documentation by December 31 of the year in which the license shall expire. No public hearing shall be required upon application for license renewal except pursuant to Subsection B hereof.
[Amended 9-6-2006 by Ord. No. 2006-18]
B.
The Borough of Spotswood, by issuing a junkyard license, reserves
unto itself the right to refuse renewal of any existing license upon
a finding by the Zoning Officer, Code Enforcement Officer, Borough
Engineer, or any county, state or federal authority, that the operation
of a junkyard is detrimental to the health, safety and general welfare
of the public due to failure of an applicant to comply with the provisions
of this or any other ordinance. The granting of a license under this
chapter shall not be construed to permit a licensee to maintain any
condition which would constitute a public or private nuisance or maintain
any condition which would constitute a violation of the provisions
of this chapter or any other law.
[Amended 9-6-2006 by Ord. No. 2006-18]
C.
Should the Borough determine upon an application for renewal of an existing license that there are reasonable grounds for refusing to renew a license, due to failure of an applicant to comply with the provisions of this chapter, the Borough Clerk shall immediately notify the applicant that the governing body will hold a hearing on whether or not said license shall be renewed. Such notice shall inform the applicant of the time, date and place of the hearing, which shall be held no less than 10 nor more than 20 days from the date of service of said notice. The applicant shall then have an opportunity to be heard on the issue of whether or not said license should be renewed. The Borough Clerk shall also notify all property owners within 200 feet of the subject premises of the time and place of the hearing by serving such notice by certified mail, return receipt requested. In such instance, the burden of proof required in § 117-4A shall be on the Borough.
D.
An applicant shall have the right to appeal any determination of
the Borough Council to the Superior Court of New Jersey within 20
days of such determination made by resolution.
E.
The Borough Council shall authorize issuance of a temporary license
for a licensee seeking renewal of a license until a hearing has been
completed and a determination made in order to avoid suspension of,
interference with or undue hardship upon a junkyard operation.
A.
The Borough Council may revoke any license previously issued upon
filing of a complaint by the Zoning Officer, Code Enforcement Officer
of the Borough or any resident or owner of property in the Borough
of Spotswood and finding of a violation of the provisions of this
chapter after a hearing, to be held within 45 days after filing of
complaint, at which hearing a licensee may present evidence and witnesses
and cross-examine witnesses presented on behalf of the complaining
party. No such hearing shall be held and no license may be suspended
or revoked unless a complaint shall have been filed in writing setting
forth the facts constituting a violation of this chapter and service
of the complaint upon a licensee in accordance with the requirements
of this chapter.
B.
The licensed premises shall be open to inspection by the Zoning Officer,
Code Enforcement Officer, Fire Sub-Code Official and Borough Engineer
of the Borough of Spotswood, the Middlesex County Board of Health
and any other appropriate governmental agencies with jurisdiction
at any reasonable time of day or night.
A.
Application forms shall be obtained from the Borough Clerk in a form
prescribed by the Borough Council.
B.
Eight copies of the application shall be filed with the Borough Engineer, who shall determine whether the application is complete based upon the requirements of § 117-6. An applicant for a license may apply to the Borough Council for a waiver from any checklist requirement. In making his determination, the Borough Engineer shall be guided by and apply the standards set forth in § 117-6 hereof. Upon determining that the application is complete, the Borough Engineer shall notify the Borough Clerk that a public hearing date can be established. If the application is incomplete, he shall notify the owner of the reasons for such determination. The determination of the Borough Engineer shall be made within 30 days of submittal of an application. Any submittal or fee described in this chapter together with any supporting documentation shall accompany the application forms. An applicant shall have the right to appeal the determination of the Borough Engineer to the Borough Council.
A.
An application fee of $500 shall be payable to the Borough upon submission
of an application for a junkyard license. Upon expiration of a license,
a renewal application fee in the same amount shall be payable to the
Borough in accordance with this chapter and submitted with the renewal
application.
B.
All professional charges for review of an application shall be reasonable
and necessary, given the status and progress of the application. Each
payment charged to an escrow deposit for review of applications shall
be pursuant to a voucher from the professional, which voucher shall
identify the person performing the service, and for each date the
service is performed, the hours spent, the hourly rate and any expenses
incurred. All professionals shall submit vouchers to the Chief Financial
Officer of the Borough in accordance with schedules and procedures
established by the Chief Financial Officer of the municipality, and
shall send an informational copy simultaneously to the applicant.
Whenever the applicant disputes the charges made by a professional
for services rendered in reviewing the application, an applicant shall
notify the Borough Council and the professional in writing. The Borough
Council, or its designee, shall within a reasonable time period attempt
to remediate any disputed charges. If the matter is not resolved to
the satisfaction of the applicant, the applicant may appeal to a court
of competent jurisdiction.
Any person who seeks a license under this chapter shall obtain
and deliver to the Borough Clerk with the application evidence that
the applicant has in effect a public liability insurance policy with
limits of liability of not less than $1,000,000 combined single limit
for any one accident for bodily injury and property damage.
An application for a junkyard license shall be accompanied by
a bond to the Borough in the penal sum of $1,000, with a surety or
sureties approved by the Borough Council, or a letter of credit pursuant
to N.J.S.A. 40:55D-53.5 conditioned for the observance during the
term of the license of all laws, ordinances, rules and regulations
applicable to the junkyard or the junkyard business in force or thereafter
adopted by the governing body of the Borough.
