[HISTORY: Adopted by the Township Committee of the Township
of Delaware by Ord. No. 1981-4 (Sec. 4-2 of the 1985 Revised General Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 230.
It is the intent of this chapter to license and regulate commercial
junkyards for the preservation of the public health, safety and welfare
of the Township and its inhabitants; to insure that such businesses
are conducted in such manner as to create a minimum of annoyance from
noise, odor or unsightliness to nearby owners or occupants of nearby
properties; and to provide for the reasonable reclamation of the site
whenever the operation of the junkyard has ended.
As used in this chapter, the following terms shall have the
meaning indicated:
Any of the following acquired or collected for commercial
purposes: used appliances, building materials, glass, lumber, paper,
plumbing fixtures, rags, tires, waste iron or other metal, machine
parts and accessories, discarded machines in whole or in part, motor
vehicles which are unfit for reconditioning or for sale for highway
transportation, or any motor vehicle parts, or any material commonly
known and generally referred to as "junk" in the ordinary meaning
of the word.
Any person, firm, association, partnership or corporation
that buys or otherwise acquires junk for commercial purposes within
the Township.
Any area in the Township where junk is stored for the purpose
of conducting the business of selling, buying, storing or trading
junk.
A.
License required. No junk dealer shall engage in the business of
keeping or operating a commercial junkyard in the Township without
first obtaining a license in accordance with the provisions of this
chapter.
B.
A separate license shall be required for each separate location at
which the business is conducted, and shall be transferable to another
location only with the consent of the Township Committee, but shall
not be assignable or transferable to any other junk dealer. Any transfer
to another location shall be endorsed upon the original license by
the Township Clerk after the adoption of a resolution by the Township
Committee approving the transfer and the payment to the Township Clerk
of a transfer fee, as indicated in the fee schedule.
C.
Term. All licenses issued pursuant to the chapter shall expire at
midnight of December 31 next succeeding the date of the issuance thereof.
D.
Procedure. The license application shall be filed in writing with
and upon such forms prescribed by the Township Clerk. The application
shall be signed by the applicant(s) and shall include:
(1)
The name and residence of the applicant, and, if the applicant is
a firm, association, partnership or corporation, the name and address
of the officers and the registered agent or partners.
(2)
A copy of the current receipted real estate tax bill for the property
where the business is to be located.
(3)
Description of the materials to be bought and sold.
(4)
A sketch of the property to be licensed with public roads, property
lines, setback lines, block and lot number, location of entrance and
exit, and location of existing fence plus the fence to be constructed
in accordance with this chapter.
(5)
If applicant is not the owner of the site where the business is to
be conducted, the owner's written consent to the conduct of the
business shall accompany the application.
(6)
If the owner is a corporation, a certificate of good standing from
the Secretary of State.
(7)
A check payable to Delaware Township or cash in a sum equaling the
whole license fee as indicated on the fee schedule, which shall be
returned in the event the license is refused.
(8)
Adequate proof that a variance for the business has been obtained
or that a variance is not required; if a variance has been obtained,
applicant shall submit a copy of the approving resolution including
the terms and conditions, if any, of such variance.
A.
Each application filed with the Township Clerk shall be presented
to the Township Committee at its next regular meeting following the
filing of such application.
B.
Inspection. The issuance of a license shall be determined by the
Township Committee no later than 45 days after receipt of a report
from an inspection officer designated by the Township Committee.
C.
No license shall be issued until the Township Committee determines
that the applicant is able to operate the business in accordance with
the provisions of this chapter, and such issuance has been duly approved
by resolution adopted by the Township Committee.
D.
Renewal. Any junk dealer wishing to continue the operation of his
junkyard after the expiration of his original license shall make application
for the ensuing year before December 15, and shall pay the annual
license fee as indicated on the fee schedule. No notice or hearing
shall be necessary for such renewal.
A.
After 10 days notice to the licensee and an opportunity to be heard,
the Township Committee may revoke or suspend any license issued under
this chapter if it finds that the licensee is violating the terms
of this chapter.
B.
Hearing. If within 10 days of the applicant's or licensee's
knowledge of a revocation or a denial of application, the applicant
or licensee shall file with the Township Clerk a written objection
to the denial or revocation and a request for a public hearing, the
Township Committee shall hold such hearing and allow the applicant
or licensee to show cause why his application should not be denied
or his license revoked. The Township Committee shall give due consideration
to all evidence presented as well as inspection reports from the Chief
of Police, Fire Marshal or any other designated inspection officer.
Applicants or licensees aggrieved by denial of application or revocation
of a license may appeal to a court of competent jurisdiction within
such time as may be provided by law.
C.
Number of licenses. In order to preserve the public health, safety
and welfare, the Township Committee may for good cause restrict the
number of licenses granted.
A.
Possession and display of license. Every junk dealer issued a license
under this chapter is hereby required to have such license on exhibition
at all times at the licensed premises.
B.
Inspection. Licensed premises shall be open to inspection at all
reasonable times for any person so authorized by the Township Committee.
C.
Fencing.
(1)
The licensed junkyard shall be enclosed by a wooden fence (stockade,
basket-weave, picket or other type) no less than six feet and no more
than eight feet high, uniform and in good condition.
(2)
Where fences are adjacent to public roads, they shall be set back
at least 10 feet from the right-of-way.
(4)
After approval of the application, licensee shall have two years
from the date of approval in which to erect the fence, and shall begin
the fencing along the road frontage.
D.
Storage. All junk shall be stored within the fence line, and shall
be stored in such a way as to allow a ten-foot fire lane within the
junkyard.
E.
Maintenance. The licensed premises shall be kept in a safe manner,
reasonably free of rats, vermin, insects, stagnant water, weeds, brush,
loose paper, and trash.
(1)
Each junkyard shall maintain one entrance and one exit, and both
shall be clearly marked. The gates shall be wide enough to accommodate
emergency vehicles and shall be kept closed after business hours.
(2)
No junk shall be piled higher than the fence or placed outside of
the fence.
(3)
Licensee shall maintain sufficient fire extinguishers on premises
at all times, and conform to the standards of the National Board of
Fire Underwriters.
(4)
The licensee shall keep a record book on the premises open to inspection
at all times, and shall include the year, make, model and serial number
of all motor vehicles acquired, and to whom sold.
F.
Prohibited materials and practices.
(1)
There shall be no hazardous or toxic waste stored on the licensed
premises.
(2)
No gasoline or other explosive or flammable material shall be kept
unless it is stored in a leakproof container at a safe distance from
any building. The gasoline shall be drained from each junked motor
vehicle within 24 hours of its being received on the premises.
(3)
No materials having or giving off fumes or obnoxious odors shall
be stored on the premises.
G.
Reclamation. In the event the use of the premises as a junkyard is
abandoned, the owner and the licensee shall agree as a condition of
issuance of the license to restore the property to its original condition
as far as reasonably possible, by removing the junk stored above and
below the ground level. The reclamation must be completed within six
months of the termination or abandonment of the junkyard business.
(1)
If the owner or licensee refuses or neglects to perform the reclamation
within 10 days' notice from the Township, the Township may provide
for the removal of the junk.
(2)
An officer of the Township shall certify the cost of such removal
to the Township Committee, which shall examine the certificate, and
if found correct, shall cause the cost of such as shown thereon to
be charged against said lands.
(3)
The amount so charged shall forthwith become a lien upon the lands
and shall be added to and become and form part of the taxes next assessed
and levied upon such lands, the same to bear interest at the same
rate as taxes, and shall be collected and enforced by the same officers
and in the same manner as taxes.
A.
Each initial application for a junkyard license shall be accompanied
by a fee of $500 payable to Delaware Township.
B.
The applicant shall also pay an annual license fee of $400 payable
to Delaware Township, at the time of application.
[Amended 2-9-1998 by Ord. No. 1998-04]
C.
If the initial application is made after January 31, the annual fee
shall be prorated on a monthly basis.
D.
The annual license fee shall be due and payable whenever the applicant
applies for a license renewal.
E.
The transfer fee shall be $50.
