[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Secondhand building material, lumber and plumbing supply yards — See Ch. 213.
Unfit buildings — See Ch. 228.
Outdoor burning — See Ch. 232.
Fences, plantings and walls — See Ch. 291.
Fire prevention and protection — See Ch. 308.
Hazardous and toxic materials — See Ch. 330.
Land use and development regulations — See Ch. 348.
Solid waste — See Ch. 442.
Sale or storage of vehicles on vacant land — See Ch. 485.
Dumping — See Ch. 524.
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
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[1]]
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.
The licensee shall:
A.
Maintain the licensed premises in a safe manner, and particularly
the premises shall be kept free of rats, weeds, brush, dry leaves,
unbound or loose paper, and stagnant water in such quantity as to
be hazardous to the health or well-being of the general public or
comfort of adjacent or nearby property owners or residents.
B.
Maintain the licensed premises in a sightly manner, with due regard
to the public safety of persons and property in the vicinity in which
the junkyard is located, and particularly that the junk shall not
be so piled or placed as to endanger any person upon the licensed
premises, on adjacent property or on any public highway. The junk
and debris on the licensed premises shall be so secured that it may
not escape said premises or be permitted to be promiscuously blown
about on licensed or other premises.
C.
Not set or permit any outdoor fire on the licensed premises.
D.
Stack, pile or arrange the merchandise and personal property on the
licensed premises in such manner that a fire truck, police car or
first-aid ambulance may have at least one open and unobstructed driveway
to and across each licensed premises, with appropriate open space
for turnaround or other means of entrance and exit in all cases. The
licensee shall not stack junk or salvage material, including automobiles,
higher than six feet.
E.
Be a citizen of the United States of America if the licensee is a
natural person or persons. If the licensee is a corporation, it shall
be a corporation of New Jersey or be duly licensed to do business
in New Jersey, have a principal office in this state and a registered
agent in charge thereof upon whom process of service can be made.
F.
Where the contents of any such yard are visible from a public highway,
the yard must have at all times a solid fence or screening at least
six feet high between the highway and said contents.
G.
Construct a solid fence at least six feet high so that the contents
of any junk or salvage yard is entirely enclosed on all sides. Said
fence shall be kept in good repair at all times and shall have no
openings through which persons or animals may enter, except for doors
or gates necessary for ingress and egress to said junkyard, which
said doors or gates shall be kept closed at all times except when
actually needed for ingress or egress. No damaged or disabled vehicle,
junk or salvage material shall be parked, stored or placed outside
the limits of this fence. Said fence shall be constructed by each
licensee within six months from the date of adoption of this article
and shall otherwise comply with all zoning requirements respecting
setbacks and side yard requirements for structures.
H.
Not purchase anything from a person under the age of 18 years, unless
accompanied by his or her parent, guardian or person standing in the
place and stead of the parent or guardian to such minor.
I.
Not make or permit excessive noise on licensed premises so as to
unreasonably disturb adjacent or nearby residents in the quiet enjoyment
of their properties and to be detrimental to the health and well-being
of the residents in the immediate vicinity of the licensed premises.
J.
In making his or her application for license or renewal, give written
notice to all property owners within 200 feet of the proposed licensed
premises of his or her intention to apply for such license. Such notice
shall be served either personally or by registered mail, return receipt
requested, at least 10 days before the application is filed with Township
Clerk. Written proof of such service in affidavit form shall accompany
the application for license.
K.
Make certain that each entrance and exit to the licensed premises
is well marked as such by appropriate signs; and permit automobiles
to enter and leave the licensed premises only at established entrances
and exits, respectively. If new or other entrance or exit may be desired
at a future time, written application must be made to the Township
Council for the same. No new entrance to or exit from licensed premises
shall be permitted by license until approved by the Township Council.
The purposes of the provisions of this subsection are to prevent cars
from promiscuously entering and leaving the licensed premises, thus
preventing interference with traffic upon the adjacent public highway
and lessening the likelihood of accidents and injuries.
L.
Precaution shall be taken by each licensee hereunder to safeguard
all inflammable, combustible or explosive materials on the licensed
premises from fire. No licensee shall stack, pile, place or permit
personal property upon the licensed premises in such a manner as to
create a fire hazard.
M.
No junk shall be stored or kept within 30 feet of any public road,
nor within five feet of the side or rear lines of the licensed premises.
N.
Maintain its property in an environmentally sound manner and shall
comply with all federal and state environmental regulations and shall
obtain any necessary state and federal licenses, including a New Jersey
Pollutant Discharge Elimination System (NJPDES) stormwater permit,
where applicable. It shall specifically comply with all federal and
state requirements involving the storage and disposal of hazardous
waste and solid waste.
O.
Immediately report any violations of federal and state law or municipal
ordinances dealing with the discharge of hazardous waste or solid
waste into the air, water or ground to the New Jersey Department of
Environmental Protection, the Ocean County Board of Health and the
Toms River Township Department of Community Development.
[Amended 1-24-2017 by Ord. No. 4524-17; 3-10-2020 by Ord. No. 4661-20]
As used in this article, the following terms shall have the
meanings indicated:
A solid waste, or combination of solid wastes, which, because
of its quantity, concentration or physical, chemical or infectious
characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported or
disposed of or otherwise managed.
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.
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:
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:
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.
