[HISTORY: Adopted by the Township Committee of the Township of Stillwater
as § 3-3 of the 1971 Revised General Ordinances. Amendments noted
where applicable.]
No person shall keep or maintain a junkyard or junk shop or deal in
junk at any place within the limits of the Township without first having obtained
a license for such purpose nor in any manner contrary to the provisions of
this chapter.
As used in this chapter, the following words or terms shall have the
meanings indicated:
The violation of any of the provisions of this chapter, or any false
statement contained in an application for a license, or failure to pay any
license fee when due, or any conviction of the applicant during the term for
which the license was issued for the violation of any criminal law of the
State of New Jersey or of any state of the United States or the United States
Government.
Any old, discarded or unused waste material of any type that has
outlived its usefulness for its original purpose, including metals, glass,
paper, rags, clothes, machines, motor vehicles or parts thereof, or accessories
such as auto bodies and the like, and all other materials commonly or generally
known as "junk" in the ordinary meaning of the word, acquired or collected
for commercial purposes.
Any person who deals in junk for commercial purposes or who buys
or otherwise acquires, collects or stores junk for commercial purposes.
Any building in which junk is stored, placed, purchased or sold for
commercial purposes.
Any land on which junk is collected or stored for commercial purposes
or for remuneration. A "junkyard" shall not include premises where the materials
described as junk are stored or disposed of by an owner or occupant of the
premises by reason of their obsolescence in the ordinary sense of the word
or which originate on the premises and become obsolescent 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.
Any lands or buildings, or both, whereon a junkyard is maintained
under a license hereunder, or any junk shop which is licensed, or any premises
for which a license is issued to a junk dealer under the provisions of this
chapter.
All applicants desiring a license for the maintenance of a junkyard
or junk shop or as a junk dealer shall first file a written and signed application
with the Township Clerk, containing the following information:
A.
Name and status of applicant; that is, whether individual,
corporation, partnership or association. If an applicant is a corporation,
the applicant shall furnish the names and addresses of all officers and registered
agents and shall designate the office of each; if a partnership or association,
the applicant shall state the names and addresses of all members thereof.
B.
Permanent residence address of the applicant.
C.
The place or places of the permanent residence of the
applicant for each of the preceding three years.
D.
A full description of the premises desired to be licensed,
including a metes and bounds description of the lands constituting the premises,
together with a description of any buildings or improvements thereon, and
a sketch, diagram or map of the lands desired to be licensed, together with
certification by a licensed land surveyor that a monument has been placed
as a reference point for the metes and bounds description of the premises
or areas to be licensed.
[Amended 5-5-1981 by Ord. No. 81-5]
E.
A description of the type and size of any buildings to
be maintained as a junk shop.
F.
A description of materials to be purchased or sold or
stored in any junk shop or on any junkyard or in which any junk dealer intends
to deal.
G.
A statement of the number and places of arrests or convictions
for crimes against the applicant and the nature of the offenses on which such
arrests or convictions were made.
H.
A statement of the equipment to be used in the operation
of the business and the method of operation.
[Amended 2-21-1984 by Ord. No. 84-1]
Every initial application (either for a new junkyard or an application
made by a new owner of an existing junkyard) shall be accompanied by payment
of an application fee of $120 to cover the costs of processing of such application.
An applicant for a license shall cause notice of his application to
be published twice in successive weeks, at least once each week, in a newspaper
published and circulating within the County of Sussex, the first publication
to be at least 10 days prior to the date for consideration of the application
by the Township Committee. The applicant shall also file due proof of publication
with the Township Clerk prior to the date for consideration of the application.
The Township Clerk shall present any applications, together with the
fee accompanying the same and proofs of publication, to the Township Committee
at its meeting next following receipt of proofs of publication. The Township
Committee may consider the application for license at the meeting for which
the application, fees and proofs are presented, or it may set a date for a
hearing to be held on the application at some reasonable time thereafter,
not to be later than one month from the date of the Township Committee meeting
considering the same, and at which hearing any objectors to the license as
well as the applicant and those in support of the license may be heard and
may present evidence.
If the applicant is not the owner of the site where the business is
to be conducted, the owner's consent to the conduct of the business described
in the application shall be endorsed in writing on the application or otherwise
annexed thereto.
If a date for a hearing on the application for license is set, the Township
Committee may investigate the applicant and the matters set forth in the application
through its own officers, employees or representatives and specifically shall:
A.
Request that the Chief of the volunteer fire company
and Bureau of Fire Prevention having jurisdiction over the area make an inspection
of the premises to determine whether the operations involved or the proposed
location for the operation would constitute a fire hazard to the surrounding
neighborhood. Said Chief and Bureau of Fire Prevention shall make a written
report to the Township Clerk at least five days prior to the date of the hearing,
which report, if unfavorable, shall set forth the facts or evidence upon which
the recommendation is based.
[Amended 2-21-1984 by Ord. No. 84-1]
B.
Cause an investigation to be made of the applicant by
the Police Department to determine whether the applicant has ever been convicted
of any violation of the criminal laws of the State of New Jersey or of any
other state in the United States of America or the United States of America
or of any country. The police official shall make a written report, to be
filed with the Township Clerk at least five days before the hearing, stating
whether he has found any violations of criminal law and setting forth the
nature, date and place of any violations ascertained.
C.
Obtain a written report from the Tax Collector as to
whether the applicant is in default in the payment of any taxes owing the
Township, which report shall be filed with the Township Clerk at least five
days before the date of hearing.
D.
Obtain a written report from the Environmental Commission
as to its review of the environmental impact statement submitted by the applicant.
[Added 2-21-1984 by Ord. No. 84-1]
E.
Obtain a report from the local Board of Health as to
the foreseeable impact of the proposed junkyard on public health.
[Added 2-21-1984 by Ord. No. 84-1]
The Township Committee may investigate and consider as part of its determination
for the issuance of a license any unreasonable depreciation of surrounding
property of adjoining owners which might ensue from the establishment or maintenance
of such a business at the location designated in the application. The proximity
of schools, churches, public highways, streams, wetlands and watercourses;
the suitability of the applicant to receive the license, which shall include
his arrest or conviction for criminal acts; public convenience and necessity;
and social and aesthetic desirability shall also be taken into consideration
on the application.
After considering all the evidence with respect to the application,
the Township Committee may deny the license for good cause revealed by the
facts or evidence. If an application for license is denied, the Township Committee
shall state, in writing, the reasons for the denial forming the good cause
found by the Township Committee.
After investigating and considering an application for a license or
after a hearing on the same, the Township Committee shall, if the application
is approved as to the provisions of this chapter, authorize the Township Clerk
to issue a license to the applicant, which license shall be effective from
the date of issuance to midnight of December 31 of the year in which issued.
If and when issued by the Township, the license shall be displayed in a conspicuous
place upon the licensed premises.
No license shall entitle any licensee to operate under the license at,
in or on any lot, building or location or any part thereof other than that
specified in the license, and no license shall be assignable or transferable
to any other person or part whatever.
[Amended 5-5-1981 by Ord. No. 81-5; 2-21-1984
by Ord. No. 84-1]
A.
Application for a renewal license shall be submitted to the Township Clerk by at least 45 days prior to the date of expiration of the permit sought to be renewed. Each application for renewal shall be in writing and shall be accompanied by a certification of the Tax Collector that no taxes are due and owing on the licensed premises or any portion thereof; a certification that the information required by § 234-3 of this chapter, as originally submitted by the applicant, remain unchanged or, if there is any change, setting forth in detail the nature of any such change and also certifying that all of the information required by § 234-3 is on file in the office of the Township Clerk; and payment of the annual license fee. No hearing shall be required for the issuance of any renewal license unless objections against the renewal are filed, in writing, with the Township Clerk by a resident or taxpayer of the Township alleging a violation of provisions of this chapter, or unless a report has been filed with the Township Clerk by the Construction Official or any other official of the Township indicating the presence of a violation of either this chapter or of any health or safety regulation of the Township or state. If any such written objection is filed before renewal, the Township Committee shall set a date for hearing and proceed to hear the objection and all evidence for and against the issuance of the license not later than 15 days from the beginning of the renewal period.
B.
At the conclusion of any hearing, the Township Committee
shall then determine whether or not to issue a renewal license based upon
the evidence presented regarding prior violations of ordinances or regulations,
or a temporary license may be issued conditioned upon the performance of certain
acts by the licensee within a stated time.
C.
The Township Committee may authorize a temporary permit
for the licensee until a hearing has been completed and a determination made,
so that the business of the licensee will not have to be suspended or interfered
with unreasonably by the filing of any written objections.
D.
The annual license fee shall be $1,200.
A.
The Township Committee may revoke any license on its
own motion or on the objection of any taxpayer or inhabitant of the Township
for good cause shown, at any time during the period for which the license
was issued and after a hearing provided to the licensee following complaint
in writing and at least seven days' notice to the licensee, setting forth
the grounds of complaint.
B.
The licensed premises shall also be open to inspection
at an times by the Township Construction Official who is primarily charged
with the enforcement of this chapter. The Construction Official and Chief
of Police shall inspect each licensed premises at least once a month and file
a report of such inspection with the Township Clerk.
[Amended 2-21-1984 by Ord. No. 84-1]
All licenses granted under this chapter and all premises licensed hereunder
shall be subject to the following regulations:
A.
No part of any premises licensed shall be located within
200 feet of any public road or street or within 300 feet of the boundary line
of any adjoining property owner.
B.
No part of any premises sought to be licensed shall be
located within 500 feet of any private residence not owned by the applicant,
or any church or school.
C.
Chain link fencing.
[Amended 2-21-1984 by Ord. No. 84-1]
(1)
A junkyard shall be completely screened from view from
the public road. Every junkyard shall also be completely enclosed by a chain
link fence at least eight feet in height, with slat inserts of a dark green
color. There shall be no advertisement allowed nor any description or writing
on the fence, except the owner's name and a description of the character
of his business, and such description or writing shall not exceed an area
of six square feet.
(2)
The chain link fencing shall be two-inch mesh No. 9 gauge
96 inches high. The fabric shall be galvanized by the hot-dip spelter process.
Galvanized wire shall contain a minimum of 1.2 ounces of zinc per square foot
of wire surface evenly distributed over the entire fabric. Fabric shall be
attached to terminal posts with beveled-edge tension bands and to line posts
with No. 9 gauge tie wires. Galvanized high wire shall be used for the galvanized
fabric. Installation of the fence as well as all fittings shall be constructed
in compliance with specifications adopted by the Township Committee. No materials
stored in the licensed premises shall be stacked so high as to be seen over
the fence from outside.
D.
The licensed premises shall be enclosed at the entrances
and exits by a gate or gates which shall be securely closed and locked when
unattended so as to preclude any entrance to the enclosure whenever it is
unattended.
E.
All parking for customers or employees shall be located
within the enclosed licensed premises, and no parking shall be permitted on
any adjoining public street.
[Amended 2-21-1984 by Ord. No. 84-1]
F.
No junk or rubbish or salvage material of any type shall
be maintained outside the enclosure surrounding the licensed premises of any
junkyard nor outside of any junk shop.
G.
No burning of materials shall be permitted. In the event
that fires of an accidental nature occur on the licensed premises in such
numbers or such periods of time as to create a fire hazard to other properties
or inhabitants of the Township or otherwise occur so consistently or in such
number as to become a nuisance to the volunteer fire companies of Stillwater,
the Township Committee may revoke the license granted after due hearing and
notice thereof because of the hazardous nature or conduct of the business.
[Amended 2-21-1984 by Ord. No. 84-1]
H.
No materials of an explosive nature shall be maintained
or demolished on any licensed premises.
I.
No materials shall be kept or maintained on the licensed
premises which shall be of such odorous nature as to be offensive to adjoining
property owners or other inhabitants in the area of the licensed premises.
J.
The licensee shall take all reasonable measures to keep
rats or other vermin from the licensed premises.
K.
The licensee shall maintain sufficient fire extinguishers
on the licensed premises at all times and shall also establish fire protection
according to standards recommended by the National Board of Fire Underwriters
for such premises. The licensee shall also report all fires to the Chief of
the Township volunteer fire companies, furnishing date and extent to fire
and cause, if known.
L.
No licensee shall purchase any articles or materials
whatever from any person under the age of 17 years.
M.
No licensee shall pile or place junk above the level
of the height of the fence enclosing a junkyard or otherwise in such manner
as to create a fire hazard or to create a place for the harboring of rats,
mice or vermin.
N.
The business of the licensee shall be operated in such
manner as not to cause unreasonably loud noises that are either so consistent
or so audible as to be a nuisance to other property owners or inhabitants
in the neighborhood.
O.
No licensee shall knowingly buy, sell, receive, dispose
of, conceal or have in his possession any motor vehicle from which the manufacturer's
serial number or any other number or identification mark has been removed,
defaced, altered, covered or destroyed with the apparent purpose of concealing
the identity of the vehicle.
P.
All junk dealers shall keep books in which records are
maintained of all purchases by the junk dealer and showing the names and addresses
of persons from whom all purchases are made, which book shall be open to inspection
by the Police Department or other enforcing officials of the Township. All
junk dealers shall likewise keep a record of all sales made, which records
shall identify the item sold and the name and address of the purchaser. Such
records shall also be open to inspection by the Police Department or other
enforcing officials of the Township.
[Amended 2-21-1984 by Ord. No. 84-1]
Q.
No licensee shall conduct any processing operations or
purchases or sales of materials on the licensed premises after 8:00 p.m. and
prior to 8:00 a.m. on weekdays or at any time on legal holidays, designated
as New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving
and Christmas.
R.
No junk shall be stored either inside or outside a building
within 200 feet of any wetlands, streams or watercourse.
S.
All disassembling of motor vehicles, boilers or other
similar items must take place in an enclosed building, and adequate provisions
must be made for preventing any oil, grease, gasoline, antifreeze, diesel
oil or other similar substance from making contact with the ground. Such materials
must be stored in accordance with all applicable provisions of the BOCA Fire
Prevention Code and disposed of in a facility licensed by the State of New
Jersey to handle hazardous wastes.
[Added 2-21-1984 by Ord. No. 84-1]
T.
At least two monitoring wells shall be installed on each
five acres of land licensed as a junkyard or proposed to be so licensed. The
Township Engineer shall stake the location of each well. All ground monitoring
wells must be installed by a licensed New Jersey well driller pursuant to
N.J.S.A. 58:4A-6, and a permit to drill each well must be obtained as required
by law. The Bureau of Groundwater Discharge Permits must be notified by the
well driller two weeks prior to the installation of the monitoring wells.
All monitoring wells shall be constructed in accordance with the Department
of Environmental Protection specifications, requirements and additional requirements
for unconsolidated and rock monitoring wells as currently approved. Any unconsolidated
monitoring wells shall be drilled to a depth of at least 10 feet below the
static groundwater table level. Water samples shall be tested at least quarterly,
or as recommended by the Township Engineer or Health Officer, by a licensed
New Jersey laboratory, and a copy of the report shall be furnished to the
Township Clerk, who shall cause copies thereof to be distributed to the Environmental
Commission, Board of Health and Township Committee.
[Added 7-3-1984 by Ord. No. 84-10]
