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:
GOOD CAUSE
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.
JUNK
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.
JUNK DEALER
Any person who deals in junk for commercial purposes or who
buys or otherwise acquires, collects or stores junk for commercial
purposes.
JUNK SHOP
Any building in which junk is stored, placed, purchased or
sold for commercial purposes.
JUNKYARD
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.
LICENSED PREMISES
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.
I. An environmental impact statement prepared in accordance with the provisions of Article
VII of Chapter
240, Land Development, of the Code of the Township of Stillwater.
[Added 2-21-1984 by Ord. No. 84-1]
[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 State Police 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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 State Police 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 State Police or other enforcing officials
of the Township.
[Amended 2-21-1984 by Ord. No. 84-1; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 New Jersey Uniform Fire 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; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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]