Township of Mount Laurel, NJ Chapter 92 Junkyards

[HISTORY: Adopted by the Township Council of the Township of Mount Laurel 4-25-1952 as Ord. No. 1952-1; amended in its entirety 9-5-1972 by Ord. No. 1972-14. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Disposal of solid waste — See Ch. 85, Art. II.

Dumps and dumping — See Ch. 158.

§ 92-1 Definitions.

A. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

JUNK

Any worn-out, cast-off or discarded article, part of an article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use.

JUNKYARD

The use of any area, whether inside or outside a building, for the storage, keeping or abandonment of junk, including but not limited to, for the purpose of this chapter, the storage, keeping or abandonment of automobiles and motor vehicles and all related activities, and including but not limited to activities commonly known as "junkyards," "salvage yards," "automobile graveyards," "automobile junkyards," "automobile disassembly yards," "automobile wrecking yards" and "material waste handling"; and including but not limited to the conducting and operating of the business of selling, buying, storing or trading in used or discarded material, lumber, glass, paper, cordage or any used disabled fixtures, vehicles or equipment of any kind.

PERSON

A person, partnership, corporation, limited partnership, association of persons, joint venture or any combination of the aforesaid.

B. Word usage. The use of "person" in this chapter, whether plural or singular, is intended to include the number as the text of the chapter appropriately requires.

§ 92-2 License required; application; issuance; renewal; revocation.

A. License application.

(1) No person shall engage in the business of keeping or operating a junkyard in the Township of Mount Laurel, Burlington County, State of New Jersey, without first obtaining a license in the Township of Mount Laurel, Burlington County, New Jersey.

(2) The license fee shall be $250 per annum, payable in full in advance, and the license shall not be transferable.

(3) No license shall be issued for a period of more than one year.

(4) The application for said license shall be filed in writing with, and upon forms prescribed by, the Township Clerk, accompanied by the license fee, which shall be returned if the license is not granted. The application shall state the lot and block numbers of the premises upon the Mount Laurel Tax Map, to which area alone the licensed use shall be restricted; the name and address of the person owning said premises; the name and address of the person operating said business; and the names and addresses and telephone numbers of persons who can be reached in emergencies relating to the operation of the business, said emergencies to include but not be limited to investigation of theft, fires and complaint of violations of this chapter. Said application shall be signed by said owners and by said operators, who shall appoint the Township Clerk of the Township of Mount Laurel as their agent for the service of legal process or notices as may be required in the enforcement of this chapter, and in such form as may be prescribed by the Township Clerk.

(5) The application for said license shall be made to the Township Clerk of Mount Laurel Township.

(6) The Township Manager or his delegate shall promulgate rules and regulations and administrative practices necessary to carry out the intent of this chapter.

B. Issuance and renewal.

(1) The issuance and renewal of a license applied for hereunder to the Township Clerk shall be determined by the Township Council after a report has been submitted to it by the Chief of Police, Fire Marshal and Zoning Officer following their investigation of each applicant at the request of the Township Clerk. The determination by the Township Council from said application and investigation whether a license should be issued or renewed shall be based upon the following criteria:

(a) Whether the use is prohibited under the Township Zoning Ordinance[1] for the involved zone.

[1] Editor's Note: See Ch. 154, Zoning.

(b) Whether the use will unreasonably impair or alter the character of the neighborhood or the exercise and enjoyment of the rights of surrounding property owners.

(c) Whether the use will create an unreasonable hazard to public health, safety and traffic or prove offensive to persons of normal sensibility.

(d) Whether the applicant is currently in violation of any provisions of this chapter or is illegally operating a junkyard without a license required hereunder.

(2) If, within 10 days of the applicant's knowledge of a denial of his application for license or license renewal, applicant shall file with the Township Clerk a written objection to said denial and a request for a public hearing, the Township Council shall, with reasonable promptness and upon reasonable notice to applicant of its place, time and hour, afford applicant a public hearing and a fair opportunity to be heard and to present evidence in his own behalf and to show cause why his application should be granted. Upon such hearing, the Township Council shall give due consideration to all evidence presented, as well as the investigation reports of the Fire Marshal, Chief of Police and Zoning Officer, and provide applicant with its decision and supportive findings of fact. Applicants aggrieved by denials of applications for licenses or license renewals may appeal from the Township Council's decision to a court of competent jurisdiction within such time as may be provided by law.

C. Revocation of license.

(1) In addition to and not in limitation of § 92-4 hereafter, violations of this chapter and the rules and regulations promulgated pursuant thereto shall be authorization for the Township Manager to revoke said license.

(2) The Township Manager shall follow the following procedure to revoke a license:

(a) Make a determination that a violation exists.

(b) Give notice of said violation to the person operating said business and the person owning said premises as set forth in the application for said license. Said notice may be given by certified mail, return receipt requested, to the addresses set forth in said application, or served personally upon said parties.

(c) The notice shall advise said persons that within 10 days they shall correct said violation and that if the violation is not corrected within said 10 days, the license shall be deemed revoked.

(d) If the person notified disputes in writing to the Township Manager the violation or proposed revocation of said license, including a statement of his grounds for objection, the Township Manager shall afford applicant a public hearing and reasonable opportunity to be heard and to present evidence in his defense before any revocation action.

(3) Applicants aggrieved by the revocation of a license may appeal from the Township Manager's decision to a court of competent jurisdiction within such time as may be provided by law.

(4) After revocation of said license the applicant may at any time apply for a new license, provided that said violation has been abated.

§ 92-3 Conditions of operation.

A. The premises shall at all times be kept and maintained by the licensee in a safe manner with due regard to the public health and safety of persons and property in the vicinity where the junkyard is located.

B. Said business and any and all junk shall be maintained and stored only so long as the same is enclosed by a solid fence at least seven feet high and so constructed that the business shall not be visible from the fence exterior and so long as said fence is kept in good repair, neatly painted and constructed and maintained in conformity with the following specifications:

(1) Construction shall be any of the following: wooden basket weave, stockade, plywood, eight-inch masonry block or six-inch concrete or brick.

(2) All fence materials must be new and of sound material. No used block or lumber will be allowed. If plywood is used, it must be B-C grade, at least one-half inch thick and shall be stamped on each sheet as such. The B grade must be used on the exterior.

(3) The fence must be natural wood color or white. All plywood, concrete and masonry block fences must be painted white with acceptable type of paint.

(4) The fence must be uniform around the licensee's junkyard.

(5) Prior to any fence construction, the licensee shall submit plans of the proposed fence to the Building Inspector for approval.

(6) Where fences are adjacent to streets, they shall be set back at least 10 feet from the right-of-way of the street or property line, whichever is further from the street. Fences shall not be constructed any closer than 25 feet to the intersection of two streets.

C. Any construction, junk, materials or other obstructions upon the premises shall be so stored that there are ten-foot fire lanes maintained and located within the yard to the reasonable satisfaction of the Fire Marshal.

D. Notwithstanding any other provisions herein, the yards at all times, along with the adequacy of gates and other provisions for access by fire-fighting vehicles and personnel, shall be subject to the reasonable regulation and orders of the Fire Marshal, but in no case shall piles be higher than the existing fence.

E. The premises shall be maintained so that weeds, brush and trash do not collect on the premises within or without the required enclosure.

F. The parking or stopping of automobiles and motor vehicles on sidewalk areas is prohibited.

G. The premises shall be maintained so that there are separate and remote means of ingress and egress to the yard at all times.

H. Burning of any materials on the premises is prohibited, and any entrance or exit to the enclosed premises used as a junkyard shall be by a gate or gates which shall be secured, closed and locked when unattended and shall be at a height equal to the fence height and built in conformity with the specifications in Subsection B above.

I. Any applicant or licensee shall, within 30 days from final passage of this chapter, submit plans of the fence to be constructed pursuant to Subsection B to the Building Inspector. After approval by the Building Inspector, the applicant or licensees shall have six months to complete his construction. During the construction period the licensee shall be permitted to operate under a conditional lease.

J. All licensees shall keep books recording all their purchases, which shall be open to inspection by any law enforcement agency, and the licensed premises shall be open to inspection by Mount Laurel Township, Burlington County and New Jersey State health, fire or law enforcement officers at any reasonable time of night or day upon proper identification and timely notice.

§ 92-4 Violations and penalties.

A. Any owner or agent and any person, as defined above, who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall refuse to comply with the rules and regulations promulgated pursuant to this chapter, shall be guilty of a violation and, upon conviction, shall be liable to the penalties as set forth in Subsection C below.

B. The owner of any building or structure, lot or land or part thereof in violation of this chapter, including rules and regulations promulgated pursuant thereto, shall be guilty of violation, and upon conviction thereof, shall be liable to the penalties as set forth in Subsection C below.

C. The penalty for a violation of this chapter and the rules and regulations promulgated in pursuance thereto shall be a fine of not less than $50 nor more than $1,000 or imprisonment for not more than 90 days, or both such fine and imprisonment, or a period of community service not exceeding 90 days.

[Amended 10-1-1984 by Ord. No. 1984-33; 9-5-1989 by Ord. No. 1989-29]

D. Each and every day such violation continues shall be deemed a separate and distinct violation.