[HISTORY: Derived from Section 5-7 of the
1972 Revised General Ordinances, as amended through 10-1-1998. Subsequent
amendments noted where applicable.]
[Amended 10-19-2010 by Ord. No. 2010-05]
As used in this chapter, the following terms
shall have the meanings indicated:
For purposes of this chapter, "Code Enforcement Officer"
is defined as follows: the Zoning Officer of Hardyston Township and/or
any officer of the Hardyston Township Police Department.
A person who maintains or operates a junkyard and is synonymous
with "junkyard keeper," wherever the term may be used herein.
Rope, wire, copper, brass, tin, lead, used lumber, old bottles,
unused motor vehicles or automobile bodies and auto parts or materials
of similar nature which have been discarded by the prior owners other
than the junk dealer or keeper in possession thereof. Junk material
shall not include equipment or materials which are kept, stored or
disposed of by the occupant or owner of premises other than a junk
dealer or junk keeper by reason of their obsolescence in the ordinary
course of business or occupancy of the premises or are kept or stored
for the use of the owner or occupant other than in the business of
buying, selling or storing the same.
A parcel of land, with or without buildings or improvements,
wherein materials commonly referred to as "junk" are stored for commercial
purposes of buying, selling or storing.
A sale attended by licensed new or used car dealers or the
public at which motor vehicles are sold to the highest bidder by a
licensed junkyard dealer operating at the licensed location. Such
auctions shall not include the sale of automobile bodies, parts or
materials of similar nature or nonautomobile materials.
No person shall keep, maintain or operate a
junkyard or motor vehicle auction in the Township without first obtaining
a license therefor. No person to whom a license has been issued by
the Township for the operation or maintenance of a junkyard shall
allow any other person to operate or maintain the junkyard or any
part thereof during the period for which the license issued is in
effect, except the employees or salesmen of the licensee or contractors
for a specific work or project used in the operation of the business
or maintenance of the licensed premises.
A.
Applications, in addition to general requirements,
shall contain the following information:
(1)
An accurate description by metes and bounds of the
premises sought to be licensed.
(2)
A statement of the nature of the materials that the
applicant intends to use in the operation of his or her business.
(3)
The nature of the equipment to be used in the business
and the methods of operating the same.
(4)
A statement of the distance of the outside boundary
of the premises sought to be licensed from the nearest adjoining public
road or roads and of the adjoining properties owned by persons other
than the applicant.
(5)
A map drawn to scale containing the site plan of the
proposed premises to be licensed with the remaining property owned
by the applicant. The map shall be marked to show the respective courses
and distances and the markers or monuments used to identify the comers
and boundary of the licensed premises.
C.
The application shall be filed at least 15 days prior
to the date when the application is to be considered by the Township
Council.
D.
An applicant for a license under this section shall
cause notice of the application to be published at least once each
week for two separate weeks in a newspaper published and circulating
in the county at least 12 days prior to the date when the application
is to be considered by the Township, and the applicant shall file
due proof of publication with the Township Clerk prior to the date
when the application is considered.
E.
The Township Clerk shall present all applications
together with the fee and proof of publication to the Township Council
at its next meeting following receipt of these things by the Clerk.
At the meeting the Township Council may consider the application and
investigate it or may set a date for a hearing to be held on the application
not later than 30 days from the meeting. At the hearing objectors
to the granting of the license may be heard, as well as the applicant
and any other person in support of the application. The license shall
be denied or granted, in the discretion of the Township Council, within
15 days following the hearing.
F.
No license issued hereunder shall entitle the licensee
to operate at, in or on any other lot, building, location or any portion
thereof other than that which is specified in the license.
G.
If a motor vehicle auction is proposed, the application
shall also include:
(1)
The area where the motor vehicles to be auctioned
are kept for display shall not exceed 25% of the licensed area, which
area shall be square or rectangular in configuration and shall be
located within the existing licensed junkyard.
(2)
The hours of the pre-auction inspection shall be between
9:00 a.m. and 10:00 a.m. on the day of the scheduled auction.
(3)
The auction shall be conducted not more than one weekday,
on the same day of the week not more than three weeks out of every
four weeks between the hours of 10:00 a.m. and 4:00 p.m.
(4)
A site plan or sketch shall be submitted designating
the area of the auction, which must be contained entirely within the
junkyard and it must include the following:
The applicant shall cause markers or monuments
of a permanent nature to be placed in the grounds sought to be licensed
and shall maintain the same at all times in such manner so that they
are ascertainable upon inspection by appropriate officials of the
Township.
[Amended 1-15-2002 by Ord. No. 2001-12; 6-28-2023 by Ord. No. 2023-09]
A license may be renewed for each subsequent year upon application
to the Township Clerk for renewal without filing a complete application
as required for the original license, provided that:
A.
The application for renewal is accompanied by the annual license fee as established in Chapter 88, Fees.
B.
No changes have been made in the licensed premises, in the methods
of operation or in the equipment or materials used in the business,
and an affidavit to that effect is filed. If there has been any change,
a complete statement of the changes made shall accompany the application
for renewal.
C.
Notice of application is published at least once in a newspaper published
and circulating in the county as least 10 days prior to the date when
consideration of the renewal application is scheduled and proof of
publication is submitted to the Township Clerk prior to the date when
the renewal application is considered.
D.
Objections.
(1)
Objections may be filed with the Township Council by any resident
or taxpayer of the Township to the renewal of the license, or by the
Township Engineer, based upon knowledge and/or information that any
law or provision of this chapter has been violated.
(2)
All objections must be in writing with specific details regarding
all allegations. All objections shall be reviewed by the Township
Engineer and municipal personnel.
(3)
Based upon this review and recommendation, the Township Council may
conduct a bearing with at least 10 days' public notice.
E.
A determination and findings of the Township Council with respect
to the application shall be made by the Township Council within 15
days following the hearing, and notice of the determination shall
be submitted in writing to the applicant together with the conclusions
of the Township Council. If the time required to reach a determination
with respect to a renewal application continues beyond the first of
any year, the applicant may be permitted to operate his or her business
until such time as the application has been acted upon, paying a charge
prorated by the month or any portion thereof covering the temporary
period. If the license is renewed, credit shall be given to the applicant
for the temporary fee paid; if the renewal license is denied, only
the remaining prorated and unused annual fee shall be returned to
the applicant.
F.
No renewal application shall be considered by the Township Council
or any renewal license issued after the lapse of one month from the
termination of any license period unless the lapse is the result of
a hearing or other action of the Township Council under this section.
G.
Providing that a license applicant has conducted an auction in accordance
with the Township Code within 36 months prior to the date of the renewal
application, a licensee may seek a renewal of the auction license
under this section of the Township's Code.
H.
The applicant shall pay the Township for review of applications,
review and preparation of documents, inspections, and other costs
in connection with the application. A deposit shall be placed in escrow
as determined by the Township Engineer.
[Amended 10-19-2010 by Ord. No. 2010-05]
Licensed premises shall be operated in the following manner
and in accordance with the following standards and regulations:
A.
The licensed area shall be fenced to screen the junkyard from the
abutting roads and surrounding properties. If a chain link fence is
provided for this purpose, the fence shall be provided with slats
and a dense evergreen hedge which is not less than the height of the
fence. Alternate methods to screen the licensed area shall include
a solid masonry wall or uniformly painted board fence. Any fencing
provided shall not be less than six feet nor more than eight feet
in height.
B.
No part of any licensed premises shall be located nearer than 50
feet from any public road or nearer than 100 feet from any adjoining
owner nor within 500 feet of a private residence not owned by the
applicant.
C.
There shall be no burning of materials on any licensed premises.
D.
No materials of any explosive nature shall be maintained or demolished
on any licensed premises.
E.
No materials shall be kept or maintained on the premises which are
of such an odorous nature as to effect or be offensive to adjoining
property owners or others in the neighborhood.
F.
The licensee shall take all measures to preclude rats or other vermin
from the licensed premises.
G.
The business of the licensee shall not be operated in such a manner
as to cause noises that are either continuous or so loud, raucous
or cacophonous as to be offensive to other owners or persons in the
neighborhood.
H.
The licensee shall establish fire protection of a standard recommendation
by the National Board of Fire Underwriters.
I.
No processing operations shall be conducted between 5:00 p.m. and
8:00 a.m. the following day on weekdays, Saturdays or at any time
on Sundays and holidays. Processing shall include the unloading and/or
delivering of any junk material.
J.
No licensee shall purchase any goods, articles or other things whatsoever
from any person under the age of 16 years.
K.
It shall be unlawful to stack, pile or place junk upon the premises
in such a manner as to create a fire hazard or to create a place for
the harboring or breeding of rats, mice or vermin.
L.
It shall be unlawful to stack, pile or place junk upon any licensed
premises so that it can be seen from the public road or adjoining
owners, and in no event shall any automobile bodies be stacked or
piled in any greater manner or height than two levels thereof.
M.
Licensees under this section shall at all times be subject to such
reasonable rules as may be made from time to time by the Township
Council.
N.
Motor vehicle auctions shall be conducted as follows:
(1)
Use of a sound amplification system will be permitted only at the
rear of the property and only if the sound cannot be heard off the
licensed premises.
(2)
Between the hours of 10:00 a.m. and 4:00 p.m. on the same designated
weekday not more than three weeks out of every four weeks.
(3)
Auction sales shall be limited to the sale of entire motor vehicles
and not parts of vehicles, nonmotor vehicle parts or components. For
purposes of this section, an "entire motor vehicle" shall be defined
to include a chassis, body, four wheels and engine.
(4)
All parking for customers or employees shall be located within the
enclosed licensed premises, and no parking shall be permitted on an
adjoining private or public street.
(5)
The licensee shall comply with all local ordinances and all state
statutes concerning the use, sale or operation of junkyards, motor
vehicles or motor vehicle component parts.
(6)
Motor vehicles purchased at auctions shall be removed only by flatbed
trailer or tow truck or under their own power between the hours of
9:00 a.m. and 4:00 p.m. on weekdays.
(7)
A security guard or privately retained police officer shall be at
the premises one hour before and until one hour after each auction
to direct traffic.
O.
The licensee shall place signs meeting all Township requirements
discouraging the depositing of junk or abandoned vehicles at the gates
or entrance to any licensed premises during Sundays and holidays or
at other hours that the junkyard is not open.
P.
The licensee shall immediately remove any junk vehicles or other
materials left or deposited outside the designated junkyard areas
regardless of the means or source by which the vehicles or materials
were deposited.
[Amended 1-15-2002 by Ord. No. 2001-12; 10-19-2010 by Ord. No. 2010-05]
A.
All junk dealers shall keep records which shall be available upon
the request of the Chief of Police or other law enforcement officer
of all motor vehicle component parts as defined by N.J.S.A. 39:10B-1
et seq., as amended from time to time.
B.
The licensed premises shall also be open to inspection during normal
business hours or at any time the premises are open to the public
by the licensee or whenever employees, servants or agents of the licensee
are present and conducting license activities upon the property. The
Code Enforcement Officer and Chief of Police shall inspect each licensed
premises at least once a year and file a report of such inspection
with the Township Clerk.
C.
The Township Engineer may inspect the licensed premises annually
in the event that he or she determines that an inspection is in the
best interest of the Township. The licensee shall deposit $1,000 for
inspection costs upon filing of the application.
[Amended 10-19-2010 by Ord. No. 2010-05]
Failure of the licensee to comply with the license provisions under § 107-6, or a conviction, fine or imprisonment for a violation of N.J.S.A. 39:10B-1 et seq., or a violation or violations of any other terms and conditions of this chapter or of the special terms of the license so issued shall be a basis for a fine administered by the Code Enforcement Officer and/or revocation or suspension of the junkyard or junkyard with motor vehicle auction license. Any fine administered by the Code Enforcement Officer for a violation of this chapter shall not exceed $250 for a first violation, $500 for a second violation and $1,000 for any subsequent violation. The licensee shall pay the Township costs, including attorney's fees and experts' reports of any proceeding in which a suspension or revocation results.
