Township of West Milford, NJ Chapter 195 Junk, Junkyards and Motor Vehicle Junkyards

[HISTORY: Adopted by the Township Council of the Township of West Milford 6-1-1988 by Ord. No. 1988-13. Amendments noted where applicable.]

§ 195-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

JUNK

Any old or used scrap metal, excluding auto parts, old papers, old rags, old refrigerators and appliances, old rubber, old glass, used or secondhand building materials and any other material of similar character except that toxic materials shall not be considered "junk."

JUNK SHOP or RECYCLING CENTER

Any premises, yard or part thereof set aside for the purpose of storing, purchasing or selling, repairing, dismantling, recycling or refacing junk, provided that the terms do not apply to recycling centers established by the Township for the separation and collection of designated recyclable materials pursuant to the Mandatory Recycling Act, P.L. 1987, Ch. 102; provided further that nonprofit civic organizations need only comply with § 195-7, Regulations. Under no circumstances shall toxic materials be stored or processed.

MOTOR VEHICLE JUNKYARD

A place where automobiles or other motor vehicles are kept and dismantled for the purpose of storing, selling or offering for sale parts or as junk, metal or material.

§ 195-2 License required; term; renewal.

A. No person shall keep, maintain or operate a motor vehicle junkyard without obtaining a motor vehicle junkyard license, in accordance with the provisions of this chapter. No person shall keep, maintain or operate a junk shop or recycling center without a junk shop and recycling center license, in accordance with the provisions of this chapter. Nothing in this chapter shall be construed to prohibit any person from holding both licenses.

B. All licenses provided for in this chapter shall expire on October 31 at 12:00 midnight prevailing time. Applications for renewal of licenses shall be made not later than October 1 prior to the new licensing year.

§ 195-3 License fee.

[Amended 6-6-1990 by Ord. No. 1990-19; 5-2-2007 by Ord. No. 2007-013[1]]

The fee for the licenses required by this chapter for the whole or any part of the license year is included in Chapter 135, Fees and Costs.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 195-4 Application for license.

In addition to the information specified in § 203-2 of the Township Code, an application for a license under this chapter shall include the following:

A. A map of the land and premises drawn at a scale of at least 50 feet per inch, showing the dimensions thereof and the location of fencing, buildings, landscaping, access drives, parking, storage areas for the various types of junk, buffer areas and all other physical aspects of the operation.

B. Proof of ownership of the licensed premises or proof of a lease covering the license period.

C. If the applicant is not the owner of the land and premises, the consent of the owner for the use thereof for the establishment, operation or maintenance of a motor vehicle junkyard, junk shop or recycling center, as defined by this chapter, shall be appended to the application.

D. Any other information which the Township Council may deem necessary and proper for the full protection of the public.

§ 195-5 Investigation of application and premises.

A. Upon receipt of an application for a license under this chapter, the Township Clerk shall forward copies of the application to the Chief of Police, Construction Official, Fire Official, Zoning Officer and Health Officer.

(1) The Chief of Police or his designee shall conduct an investigation of the proposed licensed premises and of the persons named on the application to determine the truth of the facts set forth therein.

(2) The Construction Official, Fire Official and Health Officer shall review the application and inspect the premises to determine whether the proposed licensed premises complies with existing state and Township regulations and codes within their respective jurisdictions.

(3) The Zoning Officer shall inspect said application and map to determine whether it is in compliance with the Land Development Ordinance of West Milford Township.[1]

[1] Editor's Note: See Part III, Land Development Legislation, of the Township Code.

B. Within a reasonable time, the Chief of Police, Construction Official, Fire Official, Zoning Officer and Health Officer shall forward a written report on the application and proposed licensed premises to the Township Clerk on a form prescribed by the Township Administrator. The Township Clerk shall present said application and accompanying reports to the Township Council at its next meeting.

[Amended 9-1-2004 by Ord. No. 2004-6]

§ 195-6 Issuance of license; limitation on number of licenses.

A. In passing upon an application for a license under this chapter, the Township Council shall take the following matters into consideration:

(1) Whether the applicant has ever been convicted of a crime or crimes bearing upon the applicant's qualifications for the maintenance and operation of a junkyard, junk shop or recycling center.

(2) Whether the maintenance and operation of a junkyard at the proposed location would be materially injurious to the public health, morals, comfort, prosperity, convenience or otherwise detrimental to the general welfare of the surrounding properties or to the inhabitants of the Township of West Milford.

(3) Whether the maintenance and operation of a junkyard at the proposed location would produce or be likely to produce a condition materially offensive to the senses of sight, hearing and smell and thus injure the public welfare.

(4) Whether the maintenance and operation of a junkyard cannot be conducted at the proposed location in full compliance with the provisions of this chapter.

B. If any of the aforementioned criteria are answered in the affirmative, the application shall be denied.

C. Considering the land area and population of the Township, the availability of other existing junkyards, junk shops and recycling centers in neighboring communities, the size and potential for nuisance of such operations, the character of the Township as a predominantly residential community containing within its borders substantial state-owned property, including Greenwood Lake, and the regulatory requirements necessitated by the existence of junkyards, junk shops and recycling centers in the Township, no more than three motor vehicle junkyard licenses nor more than three junk shop or recycling center licenses shall be issued and outstanding at the same time.

D. If, on the basis of the information contained in the application and reports, the Township Council determines that the applicant and the proposed licensed premises has complied with the requirements of this chapter and all other Township ordinances and all applicable state statutes and regulations, the license shall be granted.

§ 195-7 Regulations.

The following shall apply except to the extent that any regulation conflicts with state statute or regulation:

A. No motor vehicle junkyard, junk shop, recycling center or business thereof shall be located or maintained within 200 feet of a dwelling house, other than the dwelling located on the licensed premises, or within 200 feet of a school or church, or within 200 feet of the right-of-way line of a public road.

B. Every junkyard shall be and remain blocked or screened from the view of passersby on the public thoroughfares on which the junkyard shall abut and from the view of persons on the ground level of adjacent properties, by a solid fence securely supported, surrounding the portion of the licensed premises on which the junkyard is conducted, said fence being no less than 200 feet from any public street, road or other thoroughfare, of a height of eight feet from the average ground level of the yard and screened by approved planting of such kind, height, proximity of planting and density of growth as shall effectively, in conjunction with the fence, screen the yard in all seasons of the years. No fence or planting shall be required where a building of one story or more in height located in, along or near the perimeter of the yard shall itself furnish, in conjunction with fence or planting, an effective screen. No fence or planting shall be required where entrances to or exits from the yard are provided, provided that the entrances and exits shall be equipped with solid gates of a height of six feet above the adjacent sidewalk.

C. 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.

D. Entrance and exit gates shall be maintained in good working order and condition. They and the posts on which they hang shall be painted when erected and at least every three years thereafter. The gate or gates shall be securely closed and locked so as to prohibit any entrance to the said enclosure when the said enclosure may or shall be unattended; provided, however, that the Division of Fire Suppression must have access to the junkyard at all times. A key shall be issued to the fire company responsible for fire protection of that particular site.

E. The granting of a license shall not confer approval of any state statute or local ordinance, and the applicant shall present proof that such use is permitted.

F. No material of any explosive nature shall be maintained or stored or detonated on any premises, except as done in accordance with the existing regulations of the West Milford Fire Prevention Bureau.

G. No more than one sign shall be permitted, which sign shall be no more than 25 square feet in dimension.

H. The premises shall be maintained in a clean and sanitary manner, free from infestation by rodents or other pests and in a manner which will not constitute a nuisance to the surrounding properties or to the public at large and which will not be detrimental to the health, safety and welfare of the surrounding properties or to the public at large.

I. No junkyard, junk shop or recycling center shall be operated before 7:30 a.m. or after 7:00 p.m., but this section shall not preclude the departure from the yard between 7:00 p.m. and 7:30 a.m. of one or more loaded trucks carting junk from the yard nor the admission into the yard of one or more trucks bringing junk to it between 7:00 p.m. and 7:30 a.m.; nor shall it preclude the entry into the yard of trucks owned or controlled by the proprietor, whether loaded or empty, at any hour of the day, except that they shall not be loaded or unloaded before 7:30 a.m. nor after 7:00 p.m.

J. The licensee and/or operator of said junkyard shall not burn or cause to be burned any of the junk or refuse resulting from the operation of the said junkyard, or in the process of dismantling and/or breaking up of any junk. The licensee and/or operator of said junkyard shall not cause, or permit to be caused, any obnoxious fumes and/or odors to emanate from the operation of the said junkyard.

K. Any motor vehicle junkyard, junk shop, recycling center or business thereof, used for the storage, dismantling, or source-separation of materials which contain fluids for the operation of motors and/or engines, shall establish, maintain and utilize a staging area, constructed of an impervious material, for the collection of said fluids during any dismantling or source-separation.

L. The licensee shall maintain sufficient fire extinguishers on the licensed premises at all times, and shall also establish fire protection according to standards recommended by the National Board of Fire Underwriters and the Fire Prevention Code of the Township of West Milford[1] for such premises.

[1] Editor's Note: See Ch. 152, Fire Prevention.

M. In the case of motor vehicle junkyards, dismantling of motor vehicles shall be prohibited on Sundays, but sale of motor vehicle parts shall be permitted.

N. Any licensee convicted of possession of stolen goods or any crime bearing upon the licensee's qualifications shall have his license revoked. No person convicted of possession of stolen goods or a similar or related crime shall be employed by or be associated with a licensee.

O. All storage areas should have a buffer for purposes of screening around them of a strip not less than 25 feet wide, consisting of a mixture of existing vegetation, new plant materials, fences, walls and/or berms.

P. No license issued under this chapter shall be assigned or transferred to any other person, firm, association, partnership or corporation, or transferred from one location to another.

§ 195-8 (Reserved) [1]

[1] Editor's Note: Former § 195-8, Monitoring wells, was repealed 10-4-2023 by Ord. No. 2023-023.

§ 195-9 Inspection of premises; revocation of license.

A. Any and all Township departments shall be hereby authorized and directed, during reasonable business hours, to make no less than an annual inspection of all licensed premises and buildings for the purpose of ascertaining that the business is being conducted on the licensed premises in accordance with the provisions hereof, and that no laws, rules and regulations are violated. Every Township department shall submit a written report on its annual inspection to the Township Administrator.

[Amended 9-1-2004 by Ord. No. 2004-6]

B. Any violation of applicable statutes, codes, regulations, Township ordinances or regulations herein stated shall constitute sufficient grounds for revoking and removing said license by the Township Council, in accordance with the provisions of §§ 203-9, 203-10 and 203-11 of the Township Code.