[HISTORY: Adopted by the Township Committee of the Township of Kingwood 8-4-2009 by Ord. No. 15-06-2009. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 86, Junkyards, adopted 10-16-1954, as amended.
It shall be unlawful for any person, firm, association, partnership, or corporation to maintain, operate, or conduct a junkyard in the Township, without first having obtained a license for such purpose, as hereinafter provided. No provision of this chapter shall be construed to permit a junkyard to be established or maintained in any place or manner prohibited by the Zoning Ordinance regulations of the Township. Nothing in this chapter shall be interpreted to repeal or affect any activity or activities otherwise permitted pursuant to Chapter 74, the "Right to Farm" Ordinance of the Township of Kingwood.
As used in this chapter, the following terms shall have the meanings indicated:
- Any waste or discarded material or debris, including, by way of illustration and not of limitation, nonfunctional farm machinery or parts thereof, nonfunctional mechanical equipment or parts thereof, nonfunctional appliances or parts thereof, old iron or other metal or scrap, any unregistered motor vehicles that would be required to be registered in order to be operated on public streets and highways and any other material or substance commonly known or referred to as "junk" in the ordinary meaning of the word.
- JUNK DEALER
- Any person, firm, association, partnership or corporation within the Township who buys or otherwise acquires junk for the purpose of sale to the public or who collects and stores junk.
- Any place or area of land, with or without buildings, and regardless of the size thereof, on which occurs the storage, keeping, collection, accumulation or abandonment of junk or debris, whether or not such junk or debris is stored, kept, collected, accumulated or abandoned in connection with the personal use, dismantling, processing, salvage, sale, resale or any other use or disposition thereof, including, by way of illustration and not of limitation, the storage out of doors of:
- A. Two or more inoperable or unregistered vehicles or nonfunctional pieces of farm machinery (unless in conjunction with an approved site plan for a repair facility);
- B. Vehicle, farm machinery or mechanical equipment parts;
- C. Nonfunctional mechanical equipment;
- D. Appliances;
- E. Furniture;
- F. The maintenance of excessive or overflowing litter, or of open or overflowing waste disposal containers;
- G. The storage of putrescible or nonputrescible waste materials for longer than two weeks (except for residential garden composts or in conjunction with construction activities pursuant to a valid construction permit); or
- H. The collection, storage or processing of recyclable materials (except for residential storage of household recyclables or the operation of a recycling facility duly licensed by the New Jersey Department of Environmental Protection, or otherwise permitted to operate pursuant to the provisions of N.J.A.C. 7:26A-1.1 et seq., Recycling Rules of the New Jersey Administrative Code).
No junk shall at any time be permitted upon any of the streets or sidewalks of the Township.
Any person, firm, association, partnership, or corporation, desiring to obtain a license as herein required, shall file with the Township Clerk a written application signed by the applicant or applicants, which application shall include the following information:
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.
The detailed nature of the business to be conducted, and the classes of junk material which it is proposed to store or deal with therein, the premises at which it is proposed to conduct the junkyard, including a full description of such premises, and whether the applicant owns the premises or leases it. If the applicant does not own the premises, a copy of the lease shall be furnished, and the written consent of the owners of the premises to the application shall be furnished.
An accurate plot plan of the premises to be licensed, showing the location of all structures, fences, drives and passageways, and junk storage areas (showing the types of junk to be stored in each area).
An environmental assessment and impact report containing an inventory of at least the following on-site environmental conditions and an assessment of the probable impact of the operation of the junkyard upon them: surface and subsurface hydrogeology; wetlands; soils; topography; presence of rare, threatened or endangered species; noise characteristics and levels; any air pollution; any particular past or present use that might have involved toxic or hazardous materials.
A listing of all approvals, licenses and permits required from any body or agency of the federal, state, or county government required for the operation of the junkyard, as well as a description of the status of such (including a description of any denials of such) and a copy of all such issued and in force.
A description of any enforcement proceedings undertaken within the last 10 years by any governmental body or agency with regard to the junkyard proposed to be licensed or against the applicant with regard to a junkyard or similar establishment at any other location. Such information shall include a statement as to whether such proceedings are in progress or have concluded and whether the applicant, or the junkyard for which the license is sought, are in compliance with all orders or judgments involved in such proceedings.
The names and addresses of the party or parties responsible for cleaning up, or rectifying, any environmental hazard created in the operation of the junkyard proposed to be licensed.
The license fee required by this chapter.
A certification from the Tax Collector of this Township that all real property taxes assessed to the property proposed to be licensed, owing and due as of the date the application is presented, have been paid.
Each application shall contain the agreement that the applicant (and owner of the licensed premises, if not the applicant) accepts the license to be granted upon condition that it may be suspended or revoked for cause, at any time, by the Township Committee. Any license issued pursuant to this chapter may be revoked or suspended for cause by the Township Committee, following written notice provided to the license holder and a hearing before the Township Committee. Said notice shall be provided at least 10 days prior to the hearing date. The noncompliance of any condition shall be deemed cause for revocation or suspension of a license.
Prior to the issuance of any junkyard license, and after the filing of a completed application as described by this chapter, a physical inspection of the premises proposed to be licensed shall be made by authorized agents of the Township, who may include a Health Officer, police official, fire inspection official, Township Engineer, member of the Board of Health or Township Committee.
The Township Committee shall issue all licenses under this chapter and they shall be good and valid from the date of issue until the 31st day of December, next, after granting the same.
The license shall authorize the licensee to conduct the said junkyard at the place specified in the license, and shall not be transferable to another location, nor assignable or transferable in any manner.
The license shall not be deemed to permit any activity or operation which is licensed, regulated, restricted or prohibited by federal, state or county law (including, but not limited to, any law regarding solid waste management or toxic or hazardous materials).
No junkyard license shall issue, nor shall any junkyard be maintained, in any manner or at any place which is in violation of the zoning regulations of this Township.
The applicant for the junkyard license shall pay to the Township with the application for the license an annual fee of $1,500 for each license issued, prorated monthly where the application is made after January of the year in question.
Every person, firm, partnership or corporation to whom such license shall be issued shall, while engaging in such business in the Township, be in possession of such license and is hereby to have such license on exhibition at all times.
All junkyards shall comply with the following conditions, which shall be conditions of the issuance of the license:
The property upon which the junkyard is conducted shall be enclosed by a sound board fence eight feet high from the ground, the posts shall not be more than 10 feet apart, with three nailing ties of two inches by four inches minimum. The junkyard and its enclosing fence shall be at least 50 feet from the road and at least 50 feet from any boundary of the property which is not along a road. Such enclosure shall be painted and maintained in good condition at all times, and shall be kept painted at all times. There shall be no advertisement of any description on said fence, except the junkyard operator's name and description of the character of the business. All signs for the junkyard shall be in conformance with the Township's Sign Ordinance.
All junk and other articles (including, but not limited to, any abandoned or unlicensed vehicles or parts thereof) must be stored and kept within the enclosed fence above described, and not on or along the road or otherwise outside the fence. No junk or other articles shall be piled as to protrude above the height of said fence.
No junk or other goods, vehicles or articles shall be stacked, piled or placed upon the licensed premises in such a manner as to create a fire hazard, or to create a place for the harboring or breeding of rats, mice, or vermin.
No junk or other goods, vehicles, or articles shall be burned upon the licensed premises; provided, however, that this shall not prohibit the use of acetylene torches in reconditioning or salvaging any such junk, or other goods, vehicles or articles.
All operations and activities of any junkyard shall be in compliance with all federal, state and county laws, and the terms of any enforcement order or judgment pertaining to the junkyard.
Any member of the Township Committee, Board of Health, the Health Officer, the Police, 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.
All vehicles to be kept in a junkyard shall be drained of all fluids prior to or immediately upon being brought to the junkyard.
Any person, firm, partnership or corporation violating any of the provisions of this chapter shall, upon conviction, be subject to imprisonment in the county jail or in any place provided by the Township of Kingwood for the detention of prisoners for any term not exceeding 90 days or to a fine not exceeding $500, or both.