[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River as indicated in article histories. Amendments noted where applicable.]
Secondhand building material, lumber and plumbing supply yards — See Ch. 213.
Unfit buildings — See Ch. 228.
Outdoor burning — See Ch. 232.
Fences, plantings and walls — See Ch. 291.
Fire prevention and protection — See Ch. 308.
Hazardous and toxic materials — See Ch. 330.
Land use and development regulations — See Ch. 348.
Solid waste — See Ch. 442.
Sale or storage of vehicles on vacant land — See Ch. 485.
Dumping — See Ch. 524.
Article I Motor Vehicle Junkyard Restriction
Article II Licenses and Regulations
[Adopted 12-9-2008 by Ord. No. 4168-08]
No person, firm or corporation shall begin or maintain a motor vehicle junkyard along any county or Township road or within 1,000 feet thereof in the Township of Toms River, in the County of Ocean and State of New Jersey.
The penalty for a violation of any of the provisions of this article shall be either a fine not exceeding the sum of $2,000 or commitment to the Ocean County Jail for a term not exceeding 90 days, or both, at the discretion of the court or Judge before whom the conviction is had. Each day's offense shall be considered a separate offense.
[Adopted 12-9-2008 by Ord. No. 4168-08]
No person or persons, firm or corporation shall engage in the business of keeping a junkyard or salvage yard; that is, no person or persons, firm or corporation shall keep and maintain a yard, covered or uncovered, space or place, in the Township of Toms River, for the purpose of buying, taking in trade, selling, exchanging or storing rags, old metals, old bottles, old glassware, old tinware, old iceboxes, old refrigerators, old paper, old lumber, old building supplies, old furniture, old plumbing fixtures, old unlicensed automobiles, dismantled old automobiles or parts thereof, motor vehicle junk or any other old material commonly called junk or salvage, without being licensed so to do by the governing body of this municipality; provided, however, that this shall not prohibit the storage of old material to be used by the person or persons, firm or corporation storing the same for manufacturing purposes.
The licensee shall:
Maintain the licensed premises in a safe manner, and particularly the premises shall be kept free of rats, weeds, brush, dry leaves, unbound or loose paper, and stagnant water in such quantity as to be hazardous to the health or well-being of the general public or comfort of adjacent or nearby property owners or residents.
Maintain the licensed premises in a sightly manner, with due regard to the public safety of persons and property in the vicinity in which the junkyard is located, and particularly that the junk shall not be so piled or placed as to endanger any person upon the licensed premises, on adjacent property or on any public highway. The junk and debris on the licensed premises shall be so secured that it may not escape said premises or be permitted to be promiscuously blown about on licensed or other premises.
Not set or permit any outdoor fire on the licensed premises.
Stack, pile or arrange the merchandise and personal property on the licensed premises in such manner that a fire truck, police car or first-aid ambulance may have at least one open and unobstructed driveway to and across each licensed premises, with appropriate open space for turnaround or other means of entrance and exit in all cases. The licensee shall not stack junk or salvage material, including automobiles, higher than six feet.
Be a citizen of the United States of America if the licensee is a natural person or persons. If the licensee is a corporation, it shall be a corporation of New Jersey or be duly licensed to do business in New Jersey, have a principal office in this state and a registered agent in charge thereof upon whom process of service can be made.
Where the contents of any such yard are visible from a public highway, the yard must have at all times a solid fence or screening at least six feet high between the highway and said contents.
Construct a solid fence at least six feet high so that the contents of any junk or salvage yard is entirely enclosed on all sides. Said fence shall be kept in good repair at all times and shall have no openings through which persons or animals may enter, except for doors or gates necessary for ingress and egress to said junkyard, which said doors or gates shall be kept closed at all times except when actually needed for ingress or egress. No damaged or disabled vehicle, junk or salvage material shall be parked, stored or placed outside the limits of this fence. Said fence shall be constructed by each licensee within six months from the date of adoption of this article and shall otherwise comply with all zoning requirements respecting setbacks and side yard requirements for structures.
Not purchase anything from a person under the age of 18 years, unless accompanied by his or her parent, guardian or person standing in the place and stead of the parent or guardian to such minor.
Not make or permit excessive noise on licensed premises so as to unreasonably disturb adjacent or nearby residents in the quiet enjoyment of their properties and to be detrimental to the health and well-being of the residents in the immediate vicinity of the licensed premises.
In making his or her application for license or renewal, give written notice to all property owners within 200 feet of the proposed licensed premises of his or her intention to apply for such license. Such notice shall be served either personally or by registered mail, return receipt requested, at least 10 days before the application is filed with Township Clerk. Written proof of such service in affidavit form shall accompany the application for license.
Make certain that each entrance and exit to the licensed premises is well marked as such by appropriate signs; and permit automobiles to enter and leave the licensed premises only at established entrances and exits, respectively. If new or other entrance or exit may be desired at a future time, written application must be made to the Township Council for the same. No new entrance to or exit from licensed premises shall be permitted by license until approved by the Township Council. The purposes of the provisions of this subsection are to prevent cars from promiscuously entering and leaving the licensed premises, thus preventing interference with traffic upon the adjacent public highway and lessening the likelihood of accidents and injuries.
Precaution shall be taken by each licensee hereunder to safeguard all inflammable, combustible or explosive materials on the licensed premises from fire. No licensee shall stack, pile, place or permit personal property upon the licensed premises in such a manner as to create a fire hazard.
No junk shall be stored or kept within 30 feet of any public road, nor within five feet of the side or rear lines of the licensed premises.
Maintain its property in an environmentally sound manner and shall comply with all federal and state environmental regulations and shall obtain any necessary state and federal licenses, including a New Jersey Pollutant Discharge Elimination System (NJPDES) stormwater permit, where applicable. It shall specifically comply with all federal and state requirements involving the storage and disposal of hazardous waste and solid waste.
Immediately report any violations of federal and state law or municipal ordinances dealing with the discharge of hazardous waste or solid waste into the air, water or ground to the New Jersey Department of Environmental Protection, the Ocean County Board of Health and the Toms River Township Department of Engineering, Construction Services and Community Development.
[Amended 1-24-2017 by Ord. No. 4524-17]
As used in this article, the following terms shall have the meanings indicated:
- HAZARDOUS WASTE
- A solid waste, or combination of solid wastes, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:
- A. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
- B. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
- SEPARATE AND DISTINCT LOCATION TO BE LICENSED
- Any open air plot of ground, yard or parcel of land consisting of part of one, or one or more, lots, as set forth on the Tax Map of the Township of Toms River, and which part of lot or lots is adjacent and contiguous to each other and, if described by metes and bounds, would have one continuous and uninterrupted boundary line.
- SOLID WASTE
- Any garbage, refuse, sludge or any other waste material except it shall not include solid, animal or vegetable wastes collected by swine producers for the preparation and feeding of swine on their farms.
The licensed premises shall be subject to official inspection at any time by the governing body of the municipality, as well as its agents and employees acting in an official capacity, and by any police officer or health inspector, members of the local Board of Health, local Fire Commissioners and representatives of the local Fire Department or local fire company desiring to make an official inspection of licensed premises.
Every licensee shall be required to keep a written book or record in bound form at the licensed premises. Said book or record shall contain a legible daily record of the description of all articles purchased, the name and address of the person from whom each was purchased and the price paid. Said book or record shall be open to inspection at any reasonable time requested by any of the persons or officials named in or referred to in the preceding section hereof.
No such license shall be issued until the applicant shall have made and filed with Township Clerk a written application on a form furnished by Township, and which application shall state:
The name and address or residence of the applicant and, if a firm, association, partnership or corporation, the names and addresses of the officers, registered offices and registered officers, if any.
The street address and lot and block numbers of the Township Tax Map of the premises desired to be licensed.
If the applicant is not the owner of the site where the business is to be licensed and conducted, the owner's consent to conduct the business on his land shall accompany the application.
Each application shall have attached thereto an accurate sketch or drawing of the property desired to be licensed, showing the names and locations of all public highways adjoining the premises, the dimensions in feet of the said premises, lot and block numbers on the Tax Map of said premises and names and addresses of all real property owners within 200 feet of the premises sought to be licensed.
Each application shall contain an environmental assessment of the property to be licensed, prepared by an engineer with a bachelor of science degree in either environmental or chemical engineering, which indicates whether or not the property to be licensed conforms to all federal and state environmental regulations. In the event that a property does not conform to all federal and state environmental regulations, a conditional license may be issued if the property owner can demonstrate that it is engaged in a cleanup of the property, either under the supervision of the Environmental Protection Agency or the New Jersey Department of Environmental Protection. Failure to follow all requirements of such supervised cleanup will result in the revocation of such conditional license.
Said application shall be accompanied by cash or certified check made payable to the Township of Toms River for a full year's license fee, which shall be:
Each annual license shall run for one calendar year from its issuance. An application for renewal shall be filed with the Township Clerk at least 30 days before the expiration of the prior license. A conditional license may be issued in lieu of a regular license pursuant to § 344-8E. A conditional license shall run for one calendar year from its issuance but may be revoked at any time upon a showing that the owner of the property is not following the requirements of a supervised cleanup.
No transfer of license from one location to another shall be permitted unless and until:
The latter location complies with this article.
Written application has been made for such transfer, which application shall show the same general items as to applicant and premises as are required for the original license.
A transfer fee of $50 has been paid the Township of Toms River.
No license shall be granted for or transferred to any land, site or premises where such business is forbidden by any legal ordinance.
No transfer of license from one person to another shall be made except upon written application signed by person desiring to secure the transfer and bearing the written consent of the then licensee. Such application shall be accompanied by a transfer fee of $50. The proposed transferee shall be capable to qualify as an original licensee.
No license shall be issued to or outstanding in the name of any person convicted of a crime involving moral turpitude, breaking and entering, robbery or receiving stolen goods.
Any person, firm, association, partnership or corporation who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine of not more than $2,000 or imprisonment in the county jail for a term not to exceed 90 days, or both.
In connection with the violation of this article, each day such violation shall be continued shall be deemed and taken to be a separate and distinct offense and violation thereof.