[HISTORY: Adopted by the Township Council of the Township of Pohatcong 9-18-2001
by Ord. No. 01-7.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 112.
Littering — See Ch. 182.
Abandoned vehicles — See Ch. 269.
Zoning — See Ch. 285.
Public health nuisances — See Ch. 296.
[1]
Editor's Note: This ordinance repealed former Ch. 172, Junkyards
and Junk Dealers, adopted 2-6-1973 as Ch. 47 of the 1973 Code.
All junkyards as defined in this chapter are prohibited in every zoning
district in the Township of Pohatcong.
A.
Existing junkyards may be continued as a nonconforming
use provided that they comply with the provisions of this chapter, and applicable
state and federal rules and regulations. Failure to obtain a permit or renew
a permit pursuant to this chapter shall be deemed an abandonment of the use
of property as a junkyard.
B.
Any person operating an existing nonconforming junkyard
shall submit a complete application for a permit pursuant to this chapter
within 90 days of its effective date.
For purposes of this chapter, the following definitions are hereby established:
Old or scrap copper, glass, brass, rags, batteries, paper, trash,
debris, waste or junked, dismantled or wrecked automobiles or parts thereof,
iron, steel and other old or scrap ferrous or nonferrous metals of any type
and all other materials commonly or generally known as "junk" in the ordinary
meaning of the word.
A place where old metal, junk or material of any kind, including,
but not by way of excluding, disabled vehicles either held or not held for
sale in parts or as junk metal or materials, paper, glass, rags, bags or other
old material is collected, bought, sold, stored or dealt in. Any place, establishment
or land which is maintained, operated or used for storing, keeping, buying,
selling or just leaving junk on said premises or for the maintenance or operation
of an automobile graveyard is hereby defined as a junkyard.
Includes partnerships and corporations. The masculine gender shall
include the feminine, and the single number shall include the plural numbers.
A.
All persons hereinafter desiring to operate any junkyard
within the Township of Pohatcong shall, before commencing such operation or
continuing any operation during any calendar year, apply to the Township Council
for a permit to conduct such operation. Applications and a checklist for such
permits shall be furnished upon request from the Township Clerk. Upon submission
by the applicant, and upon determination being made that the application is
complete per the checklist and prior to the issuance of any permit, a public
hearing shall be conducted upon the application therefor by the Township Council.
B.
The applicant shall be required to notify by certified
mail, return receipt requested, all property owners within 200 feet of the
property proposed for the junkyard of the time and place of the hearing. Applicant
shall obtain a certified list of property owners from the Township's
Tax Collector. Proof of mailing of notice at least 10 days prior to the hearing
shall be provided by applicant.
C.
The applicant shall publish notice of the public hearing
in the Township's official newspaper and provide proof of publication
at least 10 days prior to the hearing.
Hours of operation shall be from 8:00 a.m. to 5:00 p.m., Monday through
Saturday. There will be no operation on legal holidays. No machinery shall
be operated upon the junkyard site prior to or subsequent to the permitted
hours of operation. Upon written request of the permit holder and for good
cause shown, the Township Council shall have the right to extend the permit
holder's hours of operation, provided that the extension is for specified
hours and for specific duration of time not to exceed 90 days, and further
provided that the extended hours do not adversely impact upon the health,
safety and welfare of the citizens of the Township of Pohatcong and is in
furtherance of the efficient regulation of junkyard operations within the
Township.
The plot plan and application shall contain, as a minimum, the following
information:
A.
Maps and plans submitted in compliance with this chapter
shall be 24 inches by 36 inches.
B.
The title block shall include the following information:
D.
General plot plan requirements:
(1)
The plot plan shall be drawn at a scale in accordance
with the following table:
|
Area of Site
|
Scale Not To Be Less Than
| |
|---|---|---|
|
40 acres or less
|
1 inch equals 50 feet
| |
|
Over 40 acres
|
1 inch equals 100 feet
|
(2)
The plan shall include the following data:
(a)
The names and address of the operation and the owner.
(b)
The acreage, Municipal Tax Map lot and block numbers
and tax sheet numbers of the lot or lots.
(c)
A key location map showing the site and its relationship
to surrounding areas and zone boundaries within a minimum of 1/4 mile.
(d)
All existing, proposed and minimum required setback dimensions as required by Chapter 285, Zoning.
(e)
Landscaped and vegetated areas, fencing and tree lines.
(f)
All existing signs and utility poles and their size,
type of construction and location.
(g)
The existing principal building or structures and all
accessory buildings, structures or equipment.
(h)
The location of all existing buildings, drainage and
parking areas, and wells within 200 feet of the lot.
(i)
Existing topography depicted by contours at two-foot
intervals based upon New Jersey Geodetic Control Survey datum for the site
and areas within 50 feet of the site. Topography shall be no more than four
years old for the entire site for the initial application and shall be updated
annually for those areas which have been modified or otherwise disturbed.
(j)
An accurate boundary survey prepared and certified by
a New Jersey licensed land surveyor. The survey shall be based on a field
traverse with an error of closure not less than one part in 10,000.
(k)
The approximate location and size of all existing storm
drainage facilities.
(l)
The location of all existing sidewalks, driveways, haul
roads, fences, retaining walls, parking space areas and the layouts thereof
and all off-street loading areas, together with the dimensions of all the
foregoing on the site in question and within 100 feet of said site.
(m)
The estimated average number of automobiles and number
and size and type of trucks that will enter and leave the site each day.
(n)
The location, size and nature of all existing and proposed
rights-of-way, easements and other encumbrances which may affect the lot or
lots in question.
(o)
The location, size and nature of the entire lot or lots
in question and any contiguous lots owned by the owner/operator or in which
the owner/operator has a direct or indirect interest, the date of acquisition
of each tract and the deed book and page in which the acquisition is filed.
(p)
The general nature and extent of site lighting and intended
hours of usage.
(q)
The location of sewage disposal and water supply.
(r)
A landscape and planting plan which, as a minimum, shall
spot the location of all existing planting to be retained and all plantings
to be established and shall contain a schedule, keyed to the plantings shown,
calling out the type (common name and botanical name), size (height, spread
and trunk diameter) at the time of planting and at maturity and quantity of
all plantings to be established shown on the plan.
(s)
Copies of all applicable local, state and federal permits
that may be required shall be maintained on the site and made available to
the Township for inspection, to be resubmitted with renewal applications.
(t)
Each plot plan shall include the location, size, type
and detail of proposed improvements to be completed/installed during the period
of the permit.
(u)
The location of proposed fire lanes.
(3)
The plans shall be prepared and signed by a professional
engineer licensed in New Jersey except for certification by other licensed
professionals as required by this chapter or New Jersey law.
(4)
The amount, by weight, of metal recycled by the applicant
for the previous calendar year. Metal recycled shall include metal of all
types and from all sources which comes into the possession of the applicant
and is disposed of by the applicant by sale, or otherwise, in its original
or compacted condition.
(5)
A narrative statement, together with all applicable supporting
documentation to establish the length of time that said applicant or owner
used said premises as a junkyard before the adoption of this chapter, together
with a detailed description of all junkyard operations and activities that
applicant contends are grandfathered, preexisting nonconforming uses.
The following construction and operation standards shall be adhered
to in junkyard operations. Daily operations are as follows:
A.
All entrances shall be gated and the gates shall be of
the same material as required for fence below, and accessible around the clock
for emergency vehicle access.
B.
It shall be unlawful to stack, pile or place motor vehicles,
parts of motor vehicles or any other junk or materials upon such premises
in such a manner as to create a place for the harboring or breeding of mice,
rats or other vermin or to stack, pile or place junk above the height of the
boundary fence surrounding the premises.
C.
All junkyards shall be completely obstructed from the
view of every and all adjoining landowners and from any and every public street.
Every junkyard and places where junk is stored shall be enclosed completely
on all sides by a fence at least eight feet high and of a type and construction
as shall be approved by the Zoning Officer of the Township of Pohatcong. There
shall be no advertisement allowed or any description or writing on said fence,
except the name of the business, if any, and said writing shall not exceed
the area of six square feet. The fencing shall be completed within the term
of the initial permit and completion shall be a condition of renewal. The
fence shall be constructed of chain link material with privacy slats of material
manufactured for the specific purpose of fencing, and whether made of metal,
wood or other material, shall effectuate the obstruction of the junkyard from
view as set forth hereinabove.
D.
All burning is hereby prohibited.
E.
No junk or rubbish or salvage of any type shall be maintained
outside the enclosure surrounding any junkyard.
F.
No permit issued pursuant to the terms of this chapter
shall entitle any applicant or anyone else to operate under said permit at,
in or on any lot, building, dwelling or location or any part thereof other
than that specified in the permit. No permit shall be assignable or transferable
to any other person or party whatsoever or to any other lands or premises
other than those previously approved as junkyards and existing as such by
valid permitting previously. The only transfer allowed shall be a person-to-person
transfer, upon application made to the Township Council of the Township of
Pohatcong of an existing validly permitted junkyard. The application shall
contain the names and addresses of all parties to the transfer applied for,
in accordance with all terms of this chapter, and shall be accompanied by
a certified check payable to the Township of Pohatcong in the amount of $750.
Any permit permitted to be transferred by the Township Council of the Township
of Pohatcong shall expire on the 31st day of December of the year in which
the transfer is made. Thereafter, the license may be renewed for a one-year
period in accordance with the terms of this chapter.
G.
No materials of an explosive nature shall be maintained
or demolished on any premises.
H.
No materials shall be kept or maintained on any said
premises, lands or locations which shall be of such odorous nature as to be
offensive to adjoining landowners and property owners or other inhabitants
in the area of the permitted premises.
I.
The applicant shall maintain sufficient fire extinguishers
on the permitted premises at all times and shall also establish fire protection
according to standards recommended by the Uniform Fire Safety Code for such
premises.
J.
All junkyards shall operate in compliance with all relevant
county, state and federal environmental regulations.
K.
Any new buildings or junkyard operations shall not be
less than 100 feet to any property line or roadway. Existing buildings or
operations, closer than 100 feet at the time of initial permitting under this
chapter, shall be exempt.
L.
Screening shall be established and planted as follows.
Along roadways: in areas that are not screened by existing trees at the time
of the initial application, evergreen screening spaced at 10 feet center to
center with plants a minimum of six feet high at the time of planting.
N.
Noise emanating from any junkyard shall comply with the
standards and requirements established by the New Jersey Department of Environmental
Protection pursuant to the Noise Control Act of 1971, N.J.S.A. 13:1G-1 et
seq.
A.
Upon determining that the application complies with the standards and requirements of this chapter, and after public hearing, the Township Council shall grant the application for a permit. The initial permit shall expire December 31st of the year following the year of issuance and thereafter must be renewed annually. Renewal applications shall be acted upon by the Township Council; however, a public hearing will only be conducted pursuant to Subsection B below.
B.
The Township of Pohatcong, by issuing said permit, reserves
unto itself the right to refuse the renewal of any existing permit upon a
finding by the Zoning Officer, the Township Engineer, or any county, state
or federal authority, that the operation of said junkyard at the premises
used for said purpose is detrimental to the health, safety and general welfare
of the public. The granting of a permit under this chapter shall not be construed
for any purpose as permission of the permittee to maintain any condition which
would constitute a public or private nuisance or maintain any condition which
would violate the regulations propounded in this chapter. Should the Township
determine on the hearing of the application for renewal of the existing permit
that there is probable cause for refusing to review said license, the Township
Clerk is to immediately notify the applicant that the Township of Pohatcong
will hold a hearing on whether or not said license should be renewed. Such
notification should inform the applicant of the time and date and the place
of the hearing which hearing shall be held within no less than 10 nor more
than 20 days from the date of service of said notice. The applicant shall
then have an opportunity to be heard on the issue of whether or not said license
should be renewed. The Township Clerk shall also notify all property owners
within 200 feet of the subject junkyard of the time and send by certified
mail, return receipt requested.
C.
The Township Council may authorize a temporary permit
for such permittee until the hearing has been completed and a determination
made so that the business of a permittee may not be suspended or interfered
with unreasonably by filing of any written objections.
A.
The Township Council may revoke any permit granted at
any time during the period for which the permit was issued on the Township
Council's own action or upon a recommendation of the Zoning Officer or
on the objection of any taxpayer or inhabitant of the Township of Pohatcong
upon any violation of the provisions of this chapter, after a hearing provided
to the permittee following complaint in writing and at least 10 days'
notice to the permittee setting forth the grounds of complaint.
B.
The permitted premises shall be open to inspection by
the Zoning Officer and Township Engineer of the Township of Pohatcong, the
Warren County Board of Health and all other governmental agencies with jurisdiction
at any reasonable time of day or night.
C.
In the event that any permit shall be revoked for good
cause shown or terminated voluntarily by the permittee, there shall be no
refund of any portion of the license fee.
A.
Application forms shall be obtained from the Township
Clerk in a form prescribed by the Township Council.
B.
Nine copies of applications shall be filed with the Township Engineer, who shall determine whether the application is complete based upon whether all items set forth on the application checklist have been submitted. An applicant for a permit may apply to the Township Council for a waiver from any checklist requirement. In making such determination, the Township Engineer shall be guided by and apply the standards embodied under § 172-6 hereof. Upon determining that the application is complete, the Township Engineer shall notify the Township Council that a public hearing date can be established. If the application is incomplete, he shall notify the owner of the reasons for determination. The determination shall, in general, be made within 60 days of the submittal. Applicant shall submit nine copies of the application, checklist and supporting documentation.
A.
An application fee of $750 shall be payable to the Township
upon submission of the application. Additionally, the applicant shall pay
a professional review and administrative escrow fee in the amount of $5,000
to reimburse the Township for professional and administrative services rendered
in review of an application for a permit, that, when the administrative escrow
fee falls below the amount of $500, same shall be replenished to the amount
of $1,500 prior to the continuation of administration of the application and
prior to the issuance of any permit. Upon expiration of a permit an additional
application fee shall be payable to the Township, said fee to be submitted
with each renewal application.
B.
All professional charges for review of an application
shall be reasonable and necessary, given the status and progress of the application.
Each payment charged to the escrow deposit for review of applications shall
be pursuant to a voucher from the professional, which voucher shall identify
the personnel performing the service, and for each date the service is performed,
the hours spent, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the municipality on
a monthly basis in accordance with schedules and procedures established by
the Chief Financial Officer of the municipality, and shall send an information
copy simultaneously to the applicant. Whenever the applicant disputes the
charges made by the professional for service rendered in reviewing the application,
an applicant shall notify in writing the Township Council and the professional.
The Township Council, or its designee, shall within a reasonable time period
attempt to remediate any disputed charges. If the matter is not resolved to
the satisfaction of the applicant, the applicant may appeal to a court of
competent jurisdiction.
Any person, to whom a permit shall be issued shall obtain and deliver
to the Township evidence that the permit holder has in effect a public liability
insurance policy with limits of liability of not less than $2,000,000 combined
single limit for any one accident for bodily injury and property damage.
B.
Each and every day that such violation continues shall
be considered a separate and distinct violation and shall be subject to the
foregoing penalties. In addition, in the event of any material violation of
the provisions of this chapter, which the permit holder is not seeking diligently
to cure after receiving written notice thereof from the Township Council,
the Township Council shall have the right to revoke or rescind the permit
until such time as the material violation is cured. Prior to revocation or
rescission of the permit, the Township Council shall afford the permittee
an opportunity to be heard upon no less than 10 days' prior notice as
to the scheduled hearing date, which notice shall set forth the time and place
of the hearing, together with a description of the material violation(s) alleged
to have been committed by the permittee.
