[HISTORY: Derived from Section 5-7 of the 1972 Revised General Ordinances, as amended through 10-1-1998. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 88.
Site plan review — See Ch. 147.
Zoning — See Ch. 185.
[Amended 10-19-2010 by Ord. No. 2010-05]
As used in this chapter, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
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.
JUNK DEALER
A person who maintains or operates a junkyard and is synonymous with "junkyard keeper," wherever the term may be used herein.
JUNK MATERIAL
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.
JUNKYARD
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.
MOTOR VEHICLE AUCTIONS
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.
B. 
The application for license shall be accompanied by an application fee to cover the cost of processing the application, as set from time to time by the Township Council.[1]
[1]
Editor's Note: See Ch. 88, Fees.
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:
(a) 
Suitable off-street parking for customers which shall be located solely within the licensed junkyard area and behind required fencing.
(b) 
Delineation of where the auction shall take place where the motor vehicles are to be displayed and the transaction shall be finalized.
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.