[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 2-11-1988 by Ord. No.
88-3. Amendments noted where applicable.]
GENERAL REFERENCES
Unified development — See Ch. 88.
A.
It is determined by the Mayor and Council of the Borough of Clayton
that, subject to the limitations hereinafter stated, there is a need
for junkyards in the Borough of Clayton 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 fish and game preserve,
and the regulatory requirements necessitated by the existence of junkyards
in the Borough, it is determined that the number of Class A licenses
shall be limited to one, and one such license is hereby authorized.
Class B licenses shall be limited to such number as the Borough Council
shall by resolution authorize.
[Amended 12-27-1990 by Ord. No. 90-13]
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 Clayton, which provisions are contained within this chapter.
No person shall establish, operate or maintain a motor vehicle
junkyard or business or any other junkyard or junk business nor store,
purchase, sell or deal in junk unless he shall first obtain a license
for such yard, business or storage from the Borough Council of the
Borough of Clayton.
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 which are unfit for reconditioning or for sale for
highway transportation, 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 Borough of Clayton on which junk
is placed, collected, stored or kept.
Describes any business or any place of storage or deposit
on property in the Borough of Clayton of two or more unregistered
motor vehicles or two or more automobiles which, in the opinion of
the Chief of Police, 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 Chief of Police, be equal in bulk to two
or more motor vehicles.
The premises of any person, firm or corporation who or which
purchases, obtains or sells any used lumber or any other type of used
building materials.
The premises of any person, firm or corporation who or which
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 Borough Clerk of the Borough of Clayton 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.
B.
The applicant shall submit proof that all real estate tax bills due
and owing to the municipality 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 Borough of Clayton, in a sum equaling
the whole license fee, which sum shall be returned in the event that
the license is refused.
D.
The Borough Clerk shall notify the Borough Council of the application
not later than its next regular meeting. A copy of the application
shall be submitted to the Police Chief and the Zoning Officer, who
shall review the application and the location and submit a report
to the Borough Council. 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 Borough Council that, before the Borough Council shall further
consider the application, appropriate application shall be made to
the Planning Board.[1]
F.
Upon the conclusion of any required proceedings before the 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.[2]
Each application filed with the Borough Clerk as herein provided
shall be presented by the Borough Clerk to the Borough Council at
its next regular meeting following the filing of such application,
and the Borough Council 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 Borough Clerk
until the issuance thereof has been duly approved by resolution adopted
by the Borough Council.
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 felony.
(2)
Whether the maintenance and operation of a junkyard at the proposed
location would be materially injurious to the public health, morals,
comfort, prosperity, or convenience or otherwise detrimental to the
general welfare of the surrounding properties or to the inhabitants
of the Borough of Clayton 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 can 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.
All licenses issued pursuant to the provisions of this chapter
shall expire at 12:00 midnight on December 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 November
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. No license or hearing shall be necessary for such renewal.
Any duplication of license fees subsequent to 1987 shall be prorated
to grant applicants a one-twelfth credit against the new license fee
for the 1987-1988 year.
A.
Licenses shall be transferable from person to person upon the payment
of a fee of $50 therefor and approval thereof by the Borough Council.
Applications for transfers shall be filed with the Borough 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 new license.[1]
B.
Transfers from place to place shall be considered upon the payment
of an additional fee in the amount of $250 and shall be subject to
all of the procedures and conditions applicable to an application
for a new license.
B.
Approved charitable, nonprofit or municipal drop-off depositories
and/or recycling centers shall be designated a "Class B license" and
shall be exempt from the payment of any annual licensing fee. The
Borough Council of the Borough of Clayton may, by resolution, authorize
any state or federally approved tax-exempt charitable or nonprofit
organization to establish drop-off depositories within the Borough
of Clayton after the same has been approved by the Borough of Clayton
Planning Board for periods of time not to exceed six months. Each
organization may reapply to the Clayton Borough Planning Board for
a continuation of said approval, and the same must be subsequently
approved by the Borough Council.
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 50
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 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. If the junk is visible
from the roadway, all portions of the fence facing any roadway shall
be of a type which adequately screens the junk from said road.
E.
The fence used to obstruct the view of junk 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 10 feet to all
property lines on all sides. All buffer areas shall be properly landscaped.
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.
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, except as provided in Subsection K of this section, shall be from 7:00 a.m. to 9:00 p.m.
L.
No more than one sign shall be permitted, which sign shall be constructed and maintained in accordance with Chapter 88 of the Code of the Borough of Clayton.
M.
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.
N.
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
Borough Council for an extension of time, based upon weather conditions.
All junkyards shall be open to inspection by the Borough Council
or any authorized agency or official of the Borough of Clayton, including
but not limited to police, Zoning Officer, Construction 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 the 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 9:00 p.m. and 7:00 a.m.
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 Borough
Council 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 of the same and after a fair and impartial
hearing is held by the Borough Council 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 Borough Council after the licensee
has received at least 10 days' notice of a hearing date. The
Borough Council may extend a hearing date for just cause.
C.
The Borough Council shall render its decision 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 request of Borough Council 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.
[Amended 12-27-1990 by Ord. No. 90-13]
Upon the effective date of this amendment to Chapter 64B, no new Class A junkyard license shall be issued unless and until the number of such licenses outstanding is fewer than one. Any approved charitable or nonprofit organization, with the approval of the Borough of Clayton Planning Board and the Borough Council by resolution, may be issued a Class B license without limitation as to number.
A.
Any junkyard license for a new license term, which is issued to replace
a license which expired on the last day of the license term which
immediately preceded the commencement of said new license term, or
which is issued to replace a license which expired on the last day
of the license term, shall be deemed to be a renewal of the expired
or expiring license; provided, however, that said license is for the
same owner as the expired or expiring license, covers the same junkyard
and is issued to the holder of the expired or expiring license and
is issued pursuant to an application therefor which shall have been
filed with the Borough Clerk prior to the commencement of said new
license term. Junkyard licenses issued otherwise than above herein
provided shall be deemed to be new licenses.
B.
Nothing in this chapter shall prohibit the person-to-person transfer,
at the location for which it was issued, of licenses granted by the
municipality under this chapter from person-to-person, corporation-to-corporation,
person-to-corporation or corporation-to-person. Persons or corporations
that are licensees under this chapter shall have a property right
in such licenses and may assign, sell or transfer such licenses, and
the right to such license shall be inheritable and transferable to
the heirs, executors or administrators of such licensees, subject
to the provisions of this chapter.
C.
In the event that any licensee discontinues operation for 120 days
for any reason, including death, the license shall lapse and not be
transferable.
D.
Upon application for renewal of an existing Class A license, such
application shall be given priority over other applications as long
as the applicant for renewal is in compliance with the provisions
of this chapter.
[Added 12-27-1990 by Ord.
No. 90-13]
Any person, firm or corporation who or which shall violate a
provision of this chapter or fail to comply therewith or who or which
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 Gloucester 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.
