[HISTORY: Adopted by the Mayor and Council
of the Borough of Glassboro 5-11-1982 by Ord. No. 82-5. Amendments noted where applicable.]
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 one, and two such licenses are hereby authorized.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
For the purpose of the application, construction
and enforcement of this chapter, the following definitions are hereby
established:
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.
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.
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]
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.
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.
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.
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]
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.
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 complement 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.
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.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 more than $2,000, not more
than 90 days' imprisonment, or community service for not more than
90 days, or any combination thereof, for each violation upon conviction
thereof. Each day of continuing violation shall constitute a separate
offense.
