[HISTORY: Adopted by the Mayor and Council of the Borough of Clayton 2-11-1988 by Ord. No. 88-3. Amendments noted where applicable.]
GENERAL REFERENCES
Unified development — See Ch. 88.
A. 
It is determined by the Mayor and Council of the Borough of Clayton that, subject to the limitations hereinafter stated, there is a need for junkyards in the Borough of Clayton to provide a service to the community.
B. 
Considering the land area and population of the Borough, the availability of other existing junkyards in neighboring communities, the size and potential for nuisance of such operations, the character of the Borough as a predominantly residential community containing within its borders substantial state-owned property, including the fish and game preserve, and the regulatory requirements necessitated by the existence of junkyards in the Borough, it is determined that the number of Class A licenses shall be limited to one, and one such license is hereby authorized. Class B licenses shall be limited to such number as the Borough Council shall by resolution authorize.
[Amended 12-27-1990 by Ord. No. 90-13]
C. 
Due to the nature of the junkyard business and its potential for nuisance, it is determined that there is a need to provide for regulations pertaining to the licensing and operation of junkyards within the Borough of Clayton, which provisions are contained within this chapter.
No person shall establish, operate or maintain a motor vehicle junkyard or business or any other junkyard or junk business nor store, purchase, sell or deal in junk unless he shall first obtain a license for such yard, business or storage from the Borough Council of the Borough of Clayton.
As used in this chapter, the following terms shall have the meanings indicated:
JUNK
Any old, discarded or unused waste iron or other metal or substance, glass, paper, used lumber, rags, machine parts, accessories, discarded machinery or discarded machines in whole or in part, unregistered motor vehicles which are unfit for reconditioning or for sale for highway transportation, used parts of motor vehicles and any material commonly known and generally referred to as "junk" in the ordinary meaning of the word.
JUNKYARD
Any lot of land within the Borough of Clayton on which junk is placed, collected, stored or kept.
MOTOR VEHICLE JUNKYARD
Describes any business or any place of storage or deposit on property in the Borough of Clayton of two or more unregistered motor vehicles or two or more automobiles which, in the opinion of the Chief of Police, are unfit for reconditioning for use for highway transportation or used parts of motor vehicles or material which has been a part of a motor vehicle, the sum of which parts or materials shall, in the opinion of Chief of Police, be equal in bulk to two or more motor vehicles.
USED BUILDING MATERIALS JUNKYARD
The premises of any person, firm or corporation who or which purchases, obtains or sells any used lumber or any other type of used building materials.
USED RAGS, GLASS, PAPER AND SCRAP METAL JUNKYARD
The premises of any person, firm or corporation who or which purchases, obtains or sells any old, discarded or unused waste iron or other metal or substance, glass, paper and rags.
A. 
Every applicant for a license under the provisions of this chapter shall file with the Borough Clerk of the Borough of Clayton a written application signed by the applicant or applicants, which application shall state:
(1) 
The name and residence of the applicant and, if a firm, association, partnership or corporation, the name and address of the officers and the registered agent or partners.
(2) 
The detailed nature of the business to be conducted and the classes of material which it is proposed to store therein.
(3) 
The place where the business is to be located and carried on, by block and lot, and also the present zoning class of said property.
(4) 
If the applicant is not the owner of the site where the business is to be conducted, the owner's notarized consent to the conduct of the business shall accompany the application.
(5) 
The type of fence to be constructed around the premises.
B. 
The applicant shall submit proof that all real estate tax bills due and owing to the municipality have been paid in full. The applicant shall submit proof that all prior application fees and license fees have been paid in full prior to the issuance or renewal of any license.
C. 
Such application shall be accompanied by cash or certified check, payable to the order of the Borough of Clayton, in a sum equaling the whole license fee, which sum shall be returned in the event that the license is refused.
D. 
The Borough Clerk shall notify the Borough Council of the application not later than its next regular meeting. A copy of the application shall be submitted to the Police Chief and the Zoning Officer, who shall review the application and the location and submit a report to the Borough Council. Said report must include, among other concerns, any violations of state statutes or local ordinances committed by the applicant or on the subject property during the two-year period preceding the date of the application.
E. 
If zoning approvals are required, the applicant shall be directed by the Borough Council that, before the Borough Council shall further consider the application, appropriate application shall be made to the Planning Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Upon the conclusion of any required proceedings before the Planning Board, if any are required, the Borough Council shall consider the application. In passing upon the application, in addition to zoning considerations, the Borough Council shall consider all other provisions in this chapter. If all provisions of this chapter are complied with, the license shall be granted; otherwise, it shall be denied.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Each application filed with the Borough Clerk as herein provided shall be presented by the Borough Clerk to the Borough Council at its next regular meeting following the filing of such application, and the Borough Council may act upon any application so presented at such meeting or at any subsequent meeting to which it shall defer action thereon, and no license shall be issued by the Borough Clerk until the issuance thereof has been duly approved by resolution adopted by the Borough Council.
A. 
In its investigation of the application for a license under this chapter, the Borough Council shall take the following matters into consideration:
(1) 
Whether the applicant has ever been convicted or pleaded guilty to a felony.
(2) 
Whether the maintenance and operation of a junkyard at the proposed location would be materially injurious to the public health, morals, comfort, prosperity, or convenience or otherwise detrimental to the general welfare of the surrounding properties or to the inhabitants of the Borough of Clayton at large.
(3) 
Whether the maintenance and operation of a junkyard at the proposed location would produce or be likely to produce a condition materially offensive to the senses of sight, hearing and smell and thus injure the public welfare.
(4) 
Whether the maintenance and operation of a junkyard can be conducted at the proposed location in full compliance with the provisions of this chapter.
B. 
If any of the aforementioned criteria are answered in the affirmative, the application shall be denied.
All licenses issued pursuant to the provisions of this chapter shall expire at 12:00 midnight on December 1 next succeeding the date of the issuance thereof, and all persons, firms, associations, partnerships or corporations desiring to continue in such business after the expiration of any licenses granted hereunder shall make application before November 15 for a new license for the ensuing year and shall pay the license fee in like manner and amount as for the issuance of the original license. No license or hearing shall be necessary for such renewal. Any duplication of license fees subsequent to 1987 shall be prorated to grant applicants a one-twelfth credit against the new license fee for the 1987-1988 year.
A. 
Licenses shall be transferable from person to person upon the payment of a fee of $50 therefor and approval thereof by the Borough Council. Applications for transfers shall be filed with the Borough Clerk in duplicate. Such applications shall contain the name and address of both the transferor and transferee. If any party other than the transferee is the owner of the premises, the written notarized consent of said owner shall be endorsed thereon or appended thereto. Such applications shall be subject to all of the procedures and conditions applicable to an application for a new license.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Transfers from place to place shall be considered upon the payment of an additional fee in the amount of $250 and shall be subject to all of the procedures and conditions applicable to an application for a new license.
A. 
Commercial junkyards shall be known as a "Class A license" and shall pay an annual licensing fee in the amount of $50.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Approved charitable, nonprofit or municipal drop-off depositories and/or recycling centers shall be designated a "Class B license" and shall be exempt from the payment of any annual licensing fee. The Borough Council of the Borough of Clayton may, by resolution, authorize any state or federally approved tax-exempt charitable or nonprofit organization to establish drop-off depositories within the Borough of Clayton after the same has been approved by the Borough of Clayton Planning Board for periods of time not to exceed six months. Each organization may reapply to the Clayton Borough Planning Board for a continuation of said approval, and the same must be subsequently approved by the Borough Council.
Junkyards shall be operated as follows:
A. 
No motor vehicle or junk shall be stored or dismantled within 50 feet of any dwelling house except such dwelling house as may be situated on the licensed premises.
B. 
Burning or incineration of junk or refuse material is prohibited.
C. 
For any junkyard established after the date of this chapter, the overall tract size, including setback, buffers, parking area and buildings, shall be not less than one acre and not more than five acres.
D. 
A fence obstructing view and access and providing adequate security, not less than six feet high and not more than 10 feet high, shall be constructed to enclose the entire junkyard or any portion of the premises used as a junkyard. The fence shall include a gate which can be secured against unauthorized entry, which gate shall remain closed at all times except when in actual use. If the junk is visible from the roadway, all portions of the fence facing any roadway shall be of a type which adequately screens the junk from said road.
E. 
The fence used to obstruct the view of junk shall be located to provide a minimum setback from any roadway of at least 50 feet from the right-of-way line and to provide a minimum buffer area of at least 10 feet to all property lines on all sides. All buffer areas shall be properly landscaped.
F. 
No junkyard established after the date of this chapter shall be located within 500 feet (measured from the junkyard fence to the nearest property line) of any home, school, church or place of public assembly.
G. 
No junk shall be stored or stacked in any manner which shall render it visible from any public highway.
H. 
All motor vehicle gas tanks shall be completely drained prior to storage, and the gasoline shall be disposed of or stored in appropriate tanks.
I. 
No junk shall be stored or maintained at any time outside of the fenced area.
J. 
The hours of operation, except as provided in Subsection K of this section, shall be from 7:00 a.m. to 9:00 p.m.
K. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection K, regarding junkyards in the M Zone, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
L. 
No more than one sign shall be permitted, which sign shall be constructed and maintained in accordance with Chapter 88 of the Code of the Borough of Clayton.
M. 
The premises shall be maintained in a clean and sanitary manner, free from infestation by rodents or other pests and in a manner which will not constitute a nuisance to the surrounding properties or to the public at large and which will not be detrimental to the health, safety and welfare of the surrounding properties or to the public at large.
N. 
The provisions of this section shall be complied with within 60 days of the passage of this chapter unless an application is made to the Borough Council for an extension of time, based upon weather conditions.
All junkyards shall be open to inspection by the Borough Council or any authorized agency or official of the Borough of Clayton, including but not limited to police, Zoning Officer, Construction Official, Fire Marshal, Board of Health, etc., during reasonable hours and at reasonable times.
A. 
Any motor vehicle junk business or motor vehicle junkyard adjacent to or visible from a state highway as defined in N.J.S.A. 39:11-2 shall be subject to the provisions included in N.J.S.A. 39:11-1 et seq.
B. 
Any junkyard as defined in N.J.S.A. 27:5E-3 within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway shall also be subject to the provisions included in N.J.S.A. 27:5E-1 et seq.
A. 
It shall be unlawful to hammer or pound any metals or other materials on said premises between the hours of 9:00 p.m. and 7:00 a.m.
B. 
Fire lanes shall be maintained on the licensed premises at all times pursuant to the regulations of the Fire Official or other authorized employees of the Borough of Clayton, including therein all Fire Marshals.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All licenses under this chapter shall at all times be subject to such reasonable rules as may be made from time to time by the Borough Council for the proper operation and regulation of the place of business named in such license.
A. 
Any license issued under this chapter may be revoked after at least 10 days' written notice to the licensee at the address set forth on the initial application of the same and after a fair and impartial hearing is held by the Borough Council to consider any charges presented for any violation of the terms of this chapter or any state or federal statute or for any falsification in applying for the license.
B. 
A hearing shall be held by the Borough Council after the licensee has received at least 10 days' notice of a hearing date. The Borough Council may extend a hearing date for just cause.
C. 
The Borough Council shall render its decision pertaining to said revocation as a result of the hearing within 31 days from the date of the initial hearing; said decision period may be extended for one additional thirty-one-day period upon request of Borough Council and licensee's agreement.
D. 
Likewise, any violation of any other municipal ordinance, any state or federal statute or any falsification or misrepresentation in applying for this license shall be deemed grounds for revocation.
[Amended 12-27-1990 by Ord. No. 90-13]
Upon the effective date of this amendment to Chapter 64B, no new Class A junkyard license shall be issued unless and until the number of such licenses outstanding is fewer than one. Any approved charitable or nonprofit organization, with the approval of the Borough of Clayton Planning Board and the Borough Council by resolution, may be issued a Class B license without limitation as to number.
A. 
Any junkyard license for a new license term, which is issued to replace a license which expired on the last day of the license term which immediately preceded the commencement of said new license term, or which is issued to replace a license which expired on the last day of the license term, shall be deemed to be a renewal of the expired or expiring license; provided, however, that said license is for the same owner as the expired or expiring license, covers the same junkyard and is issued to the holder of the expired or expiring license and is issued pursuant to an application therefor which shall have been filed with the Borough Clerk prior to the commencement of said new license term. Junkyard licenses issued otherwise than above herein provided shall be deemed to be new licenses.
B. 
Nothing in this chapter shall prohibit the person-to-person transfer, at the location for which it was issued, of licenses granted by the municipality under this chapter from person-to-person, corporation-to-corporation, person-to-corporation or corporation-to-person. Persons or corporations that are licensees under this chapter shall have a property right in such licenses and may assign, sell or transfer such licenses, and the right to such license shall be inheritable and transferable to the heirs, executors or administrators of such licensees, subject to the provisions of this chapter.
C. 
In the event that any licensee discontinues operation for 120 days for any reason, including death, the license shall lapse and not be transferable.
D. 
Upon application for renewal of an existing Class A license, such application shall be given priority over other applications as long as the applicant for renewal is in compliance with the provisions of this chapter.
[Added 12-27-1990 by Ord. No. 90-13]
Any person, firm or corporation who or which shall violate a provision of this chapter or fail to comply therewith or who or which shall violate or fail to comply with any order or regulation made thereunder shall severally for each and every such violation and noncompliance forfeit and pay a penalty not to exceed the sum of $1,000 or be imprisoned in the Gloucester County Jail for a period of not more than 90 days, or both. The imposition of a penalty for a violation of this chapter shall not excuse the violation nor permit it to continue. Such violation shall be remedied within one day of the imposition of said penalty; thereafter, each additional day that such violation is permitted to exist shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.