[HISTORY: Adopted by the Township Committee of the Township
of Quinton 10-3-1990 by Ord. No. 1990-10. Amendments noted where applicable.]
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 Township of Quinton.
[Amended 11-7-1990 by Ord. No. 1990-12]
No person shall establish, operate or maintain a motor vehicle
junkyard or business or any other junkyard or junk business, nor shall
be store, purchase, sell or deal in junk unless he shall first obtain
a license for such yard, business or storage from the Township Committee
of the Township of Quinton. No more than two junkyard licenses shall
be issued by the Township of Quinton.
As used in this chapter, the following terms shall have the
meanings indicated:
Any old, discarded or unused waste iron or other metal or
substance, glass, paper, used lumber, rags, machine parts, accessories,
discarded machinery or discarded machines in whole or in part, unregistered
motor vehicles, used parts of motor vehicles and any material commonly
known and generally referred to as "junk" in the ordinary meaning
of the word.
Any lot of land within the Township of Quinton on which junk
is placed, collected, stored or kept.
Describes any business or any place of storage or deposit
on property in the Township of Quinton of two or more unregistered
motor vehicles or two or more automobiles which, in the opinion of
the Zoning Officer, are unfit for reconditioning for use for highway
transportation or used parts of motor vehicles or material which has
been a part of a motor vehicle, the sum of which parts or materials
shall, in the opinion of the Zoning Officer, be equal in bulk to two
or more motor vehicles.
The premises of any person, firm or corporation who purchases,
obtains or sells any used lumber or any other type of used building
materials.
The premises of any person, firm or corporation who purchases,
obtains or sells any old discarded or unused waste iron or other metal
or substance, glass, paper and rags.
A.
Every applicant for a license under the provisions of this chapter
shall file with the Township Clerk of the Township of Quinton a written
application signed by the applicant or applicants, which application
shall state:
(1)
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.
(2)
The detailed nature of the business to be conducted and the classes
of material which it is proposed to store therein.
(3)
The place where the business is to be located and carried on, by
block and lot, and also the present zoning class of said property.
(4)
If the applicant is not the owner of the site where the business
is to be conducted, the owner's notarized consent to the conduct of
the business shall accompany the application.
(5)
The type of fence to be constructed around the premises.
(6)
A site plan prepared by a professional engineer or surveyor, licensed
to practice in the State of New Jersey, according to the following
instructions and including the following information and data:
(a)
Site plans shall be drawn to a scale of not less than one inch
equals 50 feet. All distances shall be in decimals of a foot, and
all bearings shall be given to the nearest tenth of a second. The
error of closure shall not exceed one in 10,000.
(b)
A key map, with the North arrow pointing toward the top of the
sheet, showing the entire parcel to be developed and its relation
to the surrounding area.
(c)
The title of the development, North arrow (pointing toward the
top of the sheet), scale, and the names and addresses of the record
owner and the person preparing the site development plan, together
with his seal and signature affixed to said plan.
(d)
The names of the owners of record of all adjacent properties
and the block and lot numbers of such adjacent properties.
(e)
All existing school, zoning and special district boundaries
located on or adjacent to the property involved. Such boundaries shall
be shown on the key map accompanying the detailed site plan.
(f)
The boundary of the property involved, building or setback lines
and lines of existing streets, lots, reservations, easements and other
areas dedicated to public use.
(g)
The location of existing buildings and all other structures,
such as but not limited to signs, culverts, bridges (with spot elevations
of such structures), walls, fences, roadways and sidewalks.
(h)
The location of existing high points, depressions, ponds, marshes,
wooded areas, single trees in wooded areas having a diameter of 16
inches or more and single trees in cleared areas having a diameter
of six inches or more [measured three feet above the ground] and other
significant existing natural features. Watercourses and public roads
located within 1,000 feet of the site shall be shown on the key map.
(i)
The positioning, direction, illumination, wattage and periods
of operation of all outdoor lighting anywhere on the site or in connection
with any building or structure, including signs, thereon.
(j)
The location of all signs, their size, the nature of their construction,
their height and orientation, including all identification signs,
traffic and directional signs and freestanding and facade signs, together
with the nature and time control of sign lighting.
(k)
Screening and landscaping, including planting plans.
(l)
The location of area used for junk storage, together with the
maximum height of stored and/or piled junk, which height shall not
exceed 10 feet.
(n)
Such other information or data as may be required by the Township
in order to determine that the activity is in accord with all applicable
ordinances of the Township of Quinton.
B.
The applicant shall submit proof that all real estate tax bills due
and owing to the Township have been paid in full. The applicant shall
submit proof that all prior application fees and license fees have
been paid in full prior to the issuance or renewal of any license.
C.
Such application shall be accompanied by cash or certified check,
payable to the order of the Township of Quinton, in a sum equaling
the whole license fee, which sum shall be returned in the event that
the license is refused.
D.
The Township Clerk shall notify the Township Committee of the application
not later than its next regular meeting. A copy of the application
shall be submitted to the Zoning Officer, who shall review the application
and the location and submit a report to the Township Committee. Said
report must include, among other concerns, any violations of state
statutes or local ordinances committed by the applicant or on the
subject property during the two-year period preceding the date of
the application.
E.
If zoning approvals are required, the applicant shall be directed
by the Township Committee that, before the Township Committee shall
further consider the application, appropriate application shall be
made to the Zoning Board of Adjustment and/or the Planning Board.
F.
Upon the conclusion of any required proceedings before the Zoning
Board of Adjustment and/or Planning Board, if any are required, the
Township Committee shall consider the application. In passing upon
the application, in addition to zoning considerations, the Township
Committee shall consider all other provisions in this chapter.
Each application filed with the Township Clerk as herein provided
shall be presented by the Township Clerk to the Township Committee
at its next regular meeting following the filing of such application,
and the Township Committee may act upon any application so presented
at such meeting or at any subsequent meeting to which it shall defer
action thereon, and no license shall be issued by the Township Clerk
until the issuance thereof has been duly approved by resolution adopted
by the Township Committee.
A.
In its investigation of the application for a license under this
chapter, the Township Committee shall take the following matters into
consideration:
(1)
Whether the applicant has ever been convicted or pleaded guilty to
a felony.
(2)
Whether the maintenance and/or operation of a junkyard at the location
would be/is 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 Quinton at large.
(3)
Whether the maintenance and operation of a junkyard at the location
would/will 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 can be conducted
at the 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; however, if the junkyard is nonconforming,
then the applicant shall propose methods to eliminate the affirmative
answer. If the same cannot be eliminated to the satisfaction of the
Township or any of its professionals, then the license shall be revoked.
All licenses issued pursuant to the provisions of this chapter
shall expire at 12:00 midnight on January 1 next succeeding the date
of the issuance thereof, and all persons, firms, associations, partnerships
or corporations desiring to continue in such business after the expiration
of any licenses granted hereunder shall make application before October
15 for a new license for the ensuing year and shall pay the license
fee in like manner and amount as for the issuance of the original
license. A hearing on the license application shall be scheduled by
the Clerk.
Licenses shall be transferable from person to person upon the
payment of a fee of $300 therefor and approval thereof by the Township
Committee. Applications for transfers shall be filed with the Township
Clerk in duplicate. Such applications shall contain the name and address
of both the transferor and transferee. If any party other than the
transferee is the owner of the premises, the written notarized consent
of said owner shall be endorsed thereon or appended thereto. Such
applications shall be subject to all of the procedures and conditions
applicable to an application for a license.
A.
Commercial junkyard licenses shall be known as "Class A license"
and shall pay an annual licensing fee in the amount of $300.
[Amended 11-7-1990 by Ord. No. 1990-12]
B.
Licenses for approved charitable, nonprofit or municipal dropoff
depositories and/or recycling centers shall be designated as "Class
B license" and shall be charged an annual licensing fee of $50. The
Township Committee of the Township of Quinton may, by resolution,
authorize any state- or federally approved tax-exempt charitable or
nonprofit organization to establish dropoff depositories within the
Township of Quinton, after the same has been approved by the Township
of Quinton Planning Board, for periods of time not to exceed six months.
Each organization may reapply to the Quinton Township Planning Board
for a continuation of said approval, and the same must be subsequently
approved by the Township Committee.
No license shall be issued until the applicant shall have established
that the proposed business can be operated in accordance with the
requirements of this chapter.
Junkyards shall be operated as follows:
A.
No motor vehicle or junk shall be stored or dismantled within 100
feet of any dwelling house except such dwelling house as may be situated
on the licensed premises.
B.
Burning or incineration of junk or refuse material is prohibited.
C.
For any junkyard established after the date of this chapter, the
overall tract size, including setback, buffers, parking area and buildings,
shall be not less than one acre and not more than five acres.
D.
A visual barrier, which meets the satisfaction and approval of the
Township Committee and Township Engineer, not less than six feet in
height nor more than 10 feet in height, shall obstruct the view of
the entire junkyard and completely enclose the same. A fence, approved
by the Township Committee and Township Engineer, shall be erected
across the entire frontage of the junkyard, which shall obstruct view
and prevent access.
[Amended 11-7-1990 by Ord. No. 1990-12]
E.
The fence used to obstruct the view of junk shall be located to provide
a minimum setback from any roadway of at least 100 feet from the right-of-way
line and to provide a minimum buffer area of at least 25 feet to all
property lines on all sides. All buffer areas shall be properly landscaped.
[Amended 11-7-1990 by Ord. No. 1990-12]
F.
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.
G.
No junk shall be stored or stacked in any manner which shall render
it visible from any public highway, but in no event shall said height
exceed 10 feet.
H.
All motor vehicle gas tanks shall be completely drained prior to
storage, and the gasoline shall be disposed of or stored in appropriate
tanks.
I.
No junk shall be stored or maintained at any time outside of the
fenced area.
J.
The hours of operation shall be from 7:30 a.m. to 7:00 p.m. Monday
through Saturday and from 10:00 a.m. to 2:00 p.m. on Sunday.
K.
No more than one sign shall be permitted, which sign shall be constructed
and maintained in accordance with the Zoning Ordinance.
L.
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.
M.
The provisions of this section shall be complied with within 60 days
of the passage of this chapter unless an application is made to the
Township of Quinton for an extension of time, based upon weather conditions.
N.
No more than 360 cars per acre may be stored at the location of the
junkyard.
O.
Adequate fire and emergency vehicular access lanes must be established
and maintained.
P.
The plat submitted must reflect to the Township Engineer's satisfaction
that the premises will adequately and safely drain in compliance with
all applicable local state and federal regulations.
Q.
Assurances acceptable to the Township Engineer and Solicitor must
be posted to guarantee the restoration of the site in the event that
the enterprise is terminated and/or abandoned.
All junkyards shall be open to inspection by the Township Committee
or any authorized agent or official of the Township of Quinton, including
but not limited to police, Zoning Officer, Construction Code Official,
Fire Marshal, Board of Health, etc., during reasonable hours and at
reasonable times.
A.
Any motor vehicle junk business or motor vehicle junkyard adjacent
to or visible from a state highway, as defined in N.J.S.A. 39:11-2,
shall be subject to the provisions included in N.J.S.A. 39:11-1 et
seq.
B.
Any junkyard, as defined in N.J.S.A. 27:5E-3, within 1,000 feet of
the nearest edge of right-of-way of any interstate or primary highway
shall also be subject to the provisions included in N.J.S.A. 27:5E-1
et seq.
A.
It shall be unlawful to hammer or pound any metals or other materials
on said premises between the hours of 7:00 p.m. and 7:30 a.m.
B.
Fire lanes shall be maintained on the licensed premises at all times
pursuant to the regulations of the Fire Safety Office or other authorized
employees of the Township of Quinton, including therein all Fire Marshals.
All licenses under this chapter shall at all times be subject
to such reasonable rules as may be made from time to time by the Township
of Quinton for the proper operation and regulation of the place of
business named in such license.
A.
Any license issued under this chapter may be revoked after at least
10 days' written notice to the licensee at the address set forth on
the initial application and after a fair and impartial hearing is
held by the Township Committee to consider any charges presented for
any violation of the terms of this chapter or any state or federal
statute or for any falsification in applying for the license.
B.
A hearing shall be held by the Township Committee after the licensee
has received at least 10 days' notice of a hearing date. The Township
Committee may extend a hearing date for just cause.
C.
The Township Committee shall render its decision on pertaining to
said revocation as a result of the hearing within 31 days from the
date of the initial hearing, said decision period may be extended
for one additional thirty-one-day period upon the request of Township
Committee and licensee's agreement.
D.
Likewise, any violation of any other municipal ordinance, any state
or federal statute or any falsification or misrepresentation in applying
for this license shall be deemed grounds for revocation.
Any person, firm or corporation keeping, maintaining and operating
a junkyard on the effective date of this chapter shall be entitled
to a license as provided herein, provided that they file their application
for said license within 60 days from the effective date of this chapter,
pay the required license fee therefor and comply in all respects with
the provisions of this chapter.
Any person, firm or corporation who shall violate a provision
of this chapter or fail to comply therewith or who shall violate or
fail to comply with any order or regulation made thereunder shall
severally, for each and every such violation and noncompliance, forfeit
and pay a penalty not to exceed the sum of $1,000 or be imprisoned
in the Salem County Jail for a period of not more than 90 days, or
both. The imposition of a penalty for a violation of this chapter
shall not excuse the violation nor permit it to continue. Such violation
shall be remedied within one day of the imposition of said penalty;
thereafter, each additional day that such violation is permitted to
exist shall constitute a separate offense. The application of the
above penalty shall not be held to prevent the enforced removal of
prohibited conditions.
