Borough of Glassboro, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Glassboro 5-11-1982 by Ord. No. 82-5. Amendments noted where applicable.]
GENERAL REFERENCES
Development regulations and zoning — See Ch. 107.
Dumps and dumping — See Ch. 235.
Solid waste — See Chs. 408 and 507.
Abandoned vehicles — See Ch. 442.

§ 294-1 Legislative determination.

A. 
It is determined by the Mayor and Council of the Borough of Glassboro that, subject to the limitations hereinafter stated, there is a need for junkyards in the Borough of Glassboro to provide a service to the community.
B. 
Considering the land area and population of the Borough, the availability of other existing junkyards in neighboring communities, the size and potential for nuisance of such operations, the character of the Borough as a predominantly residential community containing within its borders substantial state-owned property, including the Glassboro State College and the Fish and Game Preserve, and the regulatory requirements necessitated by the existence of junkyards in the Borough, it is determined that the number of junkyard licenses shall be limited to two, and two such licenses are hereby authorized.
C. 
Due to the nature of the junkyard business and its potential for nuisance, it is determined that there is a need to provide for regulations pertaining to the licensing and operation of junkyards within the Borough of Glassboro, which provisions are contained within this chapter.

§ 294-2 Definitions.

For the purpose of the application, construction and enforcement of this chapter, the following definitions are hereby established:
JUNK
Applies to and includes any old or scrap metal, worn out and discarded material in general, more than two dismantled, inoperable or wrecked motor vehicles or parts thereof, parts of any other form of machinery and the like.
JUNKYARD
An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, which term shall specifically include but shall not be limited to a motor vehicle junkyard.

§ 294-3 License required; limitation.

A. 
It shall be unlawful for any person, corporation or partnership to maintain a junkyard or to be engaged in the business of a junk dealer within the limits of the Borough of Glassboro without first having obtained a junkyard license and complying with the provisions of this chapter.
B. 
The number of licenses to be issued in accordance with and under the provisions of this chapter shall be limited to one. Any person, corporation or partnership which holds a valid New Jersey motor vehicle junkyard license as of the effective date of this chapter shall be given priority in the issuance of the one available license over any other persons, corporations or partnerships.
[Amended 6-28-2016 by Ord. No. 16-31]

§ 294-4 Fee; expiration date.

A. 
The annual fee for a junkyard license shall be $500 per year. Said fee is deemed to be necessary for inspection, supervision and other governmental functions in connection with junkyards.
B. 
All licenses shall expire on December 31 of each year. The fee for any new license issued during the course of a year shall be prorated.

§ 294-5 Application procedure.

A. 
All applications for licenses shall be made in writing to the Zoning Officer on forms provided by the Borough and shall be accompanied by the required fee. Said application shall set forth the name and residence of the applicant, the location at which the applicant will conduct the junkyard and a description and drawing of the lands and premises, showing the dimensions thereof and the location of fencing, buildings, landscaping, access drives, parking, areas for junk and the like. If the applicant does not own said lands and premises, the consent of the owner for the use thereof for said business or occupation shall be written thereon or appended thereto. All applications shall be submitted in duplicate and shall be signed by the applicant.
[Amended 8-27-2013 by Ord. No. 13-13]
B. 
The Zoning Officer shall forward a copy of the application to the Borough Clerk, who shall notify the Borough Council of the application not later than its next regular meeting. The Zoning Officer shall examine and review the application and the location and submit a report to the Borough Council regarding any zoning approvals which may be necessary for such use.
[Amended 8-27-2013 by Ord. No. 13-13]
C. 
If zoning approvals are required, the applicant shall be directed by the Borough Council that, before the Borough Council shall further consider the application, appropriate application shall be made to the Zoning Board of Adjustment and/or the Planning Board.
D. 
Upon the conclusion of any required proceedings before the Zoning Board of Adjustment and/or Planning Board, if any are required, the Borough Council shall consider the application. In passing upon the application, in addition to zoning considerations, the Borough Council shall consider all other provisions in this chapter. If all provisions of this chapter are complied with, the license shall be granted; otherwise, it shall be denied.

§ 294-6 Investigation of application.

A. 
In its investigation of the application for a license under this chapter, the Borough Council shall take the following matters into consideration:
(1) 
Whether the applicant has ever been convicted or pleaded guilty to a crime.
(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 Borough of Glassboro at large.
(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.

§ 294-7 License renewal; expiration upon discontinuance of operation.

A. 
Licenses shall be renewable on January 1 of each year upon application therefor and payment of the annual license fee required by this chapter. No investigation shall be required on application for renewal. However, the Borough Council shall have the power to initiate its own investigation on renewal applications, and if it finds that conditions have changed since its prior investigation so that all provisions of this chapter are not complied with, the application for renewal shall be denied.
B. 
In the event that any licensee discontinues operation for 120 days for any reason, including death, the license shall lapse and not be transferable.
[Added 11-12-1991 by Ord. No. 91-6]

§ 294-8 Transfers.

A. 
Licenses shall be transferable from person to person upon the payment of a fee of $25 therefor and approval thereof by the Borough Council. Applications for transfers shall be filed with the Zoning Officer in duplicate. Such applications shall contain the name and address of both the transferor and the transferee. If any party other than the transferee is the owner of the premises, the written consent of said owner shall be endorsed thereon or appended thereto.
[Amended 8-27-2013 by Ord. No. 13-13]
B. 
Transfers from place to place shall be considered upon the payment of an additional fee in the amount of $25 and shall be subject to all of the procedures and conditions applicable to application for a new license.

§ 294-9 Standards governing operation.

No junkyard license shall be issued or allowed to remain in effect unless the following standards are complied with:
A. 
The overall tract size, including setback, buffers, parking area and buildings, shall be not less than two acres and not more than five acres.
B. 
A fence obstructing view and access and providing adequate security, not less than six feet high and not more than 10 feet high, shall be constructed to enclose the entire junkyard or any portion of the premises used as a junkyard. The fence shall include a gate which can be secured against unauthorized entry, which gate shall remain closed at all times except when in actual use. All portions of the fence facing any roadway shall be of a solid-type wooden construction. On the roadway side of all portions of the fence facing a roadway, trees and shrubs of sufficient size and density to provide year-round effective screening shall be planted. Said trees and shrubs shall be selected to compliment the existing highway and adjacent land use and environmental conditions. Dead trees and shrubs shall be replaced in order to provide continuous effective screening.
C. 
The fence shall be located to provide a minimum setback from any roadway of at least 50 feet from the right-of-way line and to provide a minimum buffer area of at least 50 feet to all property lines on all sides. All buffer areas shall be properly landscaped.
D. 
No junkyard established after the date of this chapter shall be located within 500 feet (measured from the junkyard fence to the nearest property line) of any home, school, church or place of public assembly.
E. 
No double-stacking of motor vehicles shall be permitted. No junk shall be placed or stacked to a level higher than the height of the fence. No junk shall be stored or stacked in any manner which shall render it visible from any public highway.
F. 
All motor vehicle gas tanks shall be completely drained prior to storage, and the gasoline shall be disposed of or stored in appropriate tanks.
G. 
No junk shall be stored or maintained at any time outside of the fenced area.
H. 
No incineration of junk shall be permitted at any time.
I. 
The hours of operation shall not exceed 8:00 a.m. to 6:00 p.m., Monday through Saturday. No operation shall be permitted on Sundays.
J. 
No more than one sign shall be permitted, which sign shall be constructed and maintained in accordance with the applicable ordinances of the Borough of Glassboro.
K. 
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.

§ 294-10 Access for inspections.

All junkyards shall be open to inspection by the Borough Council or any authorized agency or official of the Borough of Glassboro, including but not limited to police, Zoning Officer, Construction Code Official, Fire Marshal, Board of Health, etc., during reasonable hours and at reasonable times.

§ 294-11 Revocation and suspension.

In addition to the other penalties provided by this chapter, any license issued hereunder may be revoked permanently or suspended for any period of time for any violation of the provisions of this chapter. The licensee shall be given a minimum of 10 days' notice of any proposed revocation or suspension by reason of the violation of any of the provisions of this chapter and the grounds therefor. He shall be entitled to a public hearing, upon request, to be held not less than 15 days thereafter. The Borough Council shall preside over any such hearing, hear the evidence and make findings of fact and conclusions. After the hearing, the Borough Council shall render its decision, which may include a suspension or revocation of the license.

§ 294-12 Violations and penalties.

In addition to suspension or revocation of a license, any person who shall violate any of the provisions of this chapter shall be subject to a fine of not less than $25 and not more than $500 and not more than 30 days' imprisonment, or both, for each violation upon conviction thereof. Each day of continuing violation shall constitute a separate offense.