[Adopted 12-9-2008 by Ord. No. 4168-08]
No person, firm or corporation shall begin or maintain a motor
vehicle junkyard along any county or Township road or within 1,000
feet thereof in the Township of Toms River, in the County of Ocean
and State of New Jersey.
The penalty for a violation of any of the provisions of this
article shall be either a fine not exceeding the sum of $2,000 or
commitment to the Ocean County Jail for a term not exceeding 90 days,
or both, at the discretion of the court or Judge before whom the conviction
is had. Each day's offense shall be considered a separate offense.
[Adopted 12-9-2008 by Ord. No. 4168-08]
No person or persons, firm or corporation shall engage in the
business of keeping a junkyard or salvage yard; that is, no person
or persons, firm or corporation shall keep and maintain a yard, covered
or uncovered, space or place, in the Township of Toms River, for the
purpose of buying, taking in trade, selling, exchanging or storing
rags, old metals, old bottles, old glassware, old tinware, old iceboxes,
old refrigerators, old paper, old lumber, old building supplies, old
furniture, old plumbing fixtures, old unlicensed automobiles, dismantled
old automobiles or parts thereof, motor vehicle junk or any other
old material commonly called junk or salvage, without being licensed
so to do by the governing body of this municipality; provided, however,
that this shall not prohibit the storage of old material to be used
by the person or persons, firm or corporation storing the same for
manufacturing purposes.
As used in this article, the following terms shall have the
meanings indicated:
HAZARDOUS WASTE
A solid waste, or combination of solid wastes, which, because
of its quantity, concentration or physical, chemical or infectious
characteristics, may:
A.
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or
B.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported or
disposed of or otherwise managed.
SEPARATE AND DISTINCT LOCATION TO BE LICENSED
Any open air plot of ground, yard or parcel of land consisting
of part of one, or one or more, lots, as set forth on the Tax Map
of the Township of Toms River, and which part of lot or lots is adjacent
and contiguous to each other and, if described by metes and bounds,
would have one continuous and uninterrupted boundary line.
SOLID WASTE
Any garbage, refuse, sludge or any other waste material except
it shall not include solid, animal or vegetable wastes collected by
swine producers for the preparation and feeding of swine on their
farms.
The licensed premises shall be subject to official inspection
at any time by the governing body of the municipality, as well as
its agents and employees acting in an official capacity, and by any
police officer or health inspector, members of the local Board of
Health, local Fire Commissioners and representatives of the local
Fire Department or local fire company desiring to make an official
inspection of licensed premises.
Every licensee shall be required to keep a written book or record
in bound form at the licensed premises. Said book or record shall
contain a legible daily record of the description of all articles
purchased, the name and address of the person from whom each was purchased
and the price paid. Said book or record shall be open to inspection
at any reasonable time requested by any of the persons or officials
named in or referred to in the preceding section hereof.
No such license shall be issued until the applicant shall have
made and filed with Township Clerk a written application on a form
furnished by Township, and which application shall state:
A. The name and address or residence of the applicant and, if a firm,
association, partnership or corporation, the names and addresses of
the officers, registered offices and registered officers, if any.
B. The street address and lot and block numbers of the Township Tax
Map of the premises desired to be licensed.
C. If the applicant is not the owner of the site where the business
is to be licensed and conducted, the owner's consent to conduct the
business on his land shall accompany the application.
D. Each application shall have attached thereto an accurate sketch or
drawing of the property desired to be licensed, showing the names
and locations of all public highways adjoining the premises, the dimensions
in feet of the said premises, lot and block numbers on the Tax Map
of said premises and names and addresses of all real property owners
within 200 feet of the premises sought to be licensed.
E. Each application shall contain an environmental assessment of the
property to be licensed, prepared by an engineer with a bachelor of
science degree in either environmental or chemical engineering, which
indicates whether or not the property to be licensed conforms to all
federal and state environmental regulations. In the event that a property
does not conform to all federal and state environmental regulations,
a conditional license may be issued if the property owner can demonstrate
that it is engaged in a cleanup of the property, either under the
supervision of the Environmental Protection Agency or the New Jersey
Department of Environmental Protection. Failure to follow all requirements
of such supervised cleanup will result in the revocation of such conditional
license.
Said application shall be accompanied by cash or certified check
made payable to the Township of Toms River for a full year's license
fee, which shall be:
A. A junkyard or salvage yard having 99 or less cars: $100.
B. A junkyard or salvage yard having 100 or more cars: $200.
C. Any junkyard or salvage yard not having any car: $100. If the application
is denied, said fee shall be returned.
Each annual license shall run for one calendar year from its issuance. An application for renewal shall be filed with the Township Clerk at least 30 days before the expiration of the prior license. A conditional license may be issued in lieu of a regular license pursuant to §
344-8E. A conditional license shall run for one calendar year from its issuance but may be revoked at any time upon a showing that the owner of the property is not following the requirements of a supervised cleanup.
No transfer of license from one location to another shall be
permitted unless and until:
A. The latter location complies with this article.
B. Written application has been made for such transfer, which application
shall show the same general items as to applicant and premises as
are required for the original license.
C. A transfer fee of $50 has been paid the Township of Toms River.
D. A sketch or drawing such as is required by §
344-8D hereof shall accompany the application.
E. The landowner's consent to license, such as is required by §
344-8C, where the applicant is not the owner of the land site for license, shall also accompany the application for transfer.
No license shall be granted for or transferred to any land,
site or premises where such business is forbidden by any legal ordinance.
No transfer of license from one person to another shall be made
except upon written application signed by person desiring to secure
the transfer and bearing the written consent of the then licensee.
Such application shall be accompanied by a transfer fee of $50. The
proposed transferee shall be capable to qualify as an original licensee.
No license shall be issued to or outstanding in the name of
any person convicted of a crime involving moral turpitude, breaking
and entering, robbery or receiving stolen goods.
Any person, firm, association, partnership or corporation who
shall violate any provision of this article shall, upon conviction
thereof, be punished by a fine of not more than $2,000 or imprisonment
in the county jail for a term not to exceed 90 days, or both.
In connection with the violation of this article, each day such
violation shall be continued shall be deemed and taken to be a separate
and distinct offense and violation thereof.