All ordinances or parts thereof of the Township of Washington
pertaining to junkyards shall be and are hereby repealed; in lieu
and instead thereof a new Junkyard Ordinance shall be enacted as set
forth herein. It is recognized that junkyards are not a permitted
use within the Township of Washington, and this new ordinance pertaining
to same applies to existing junkyards deemed to be permissible nonconforming
uses. The following are the licensing, application and regulations
for junkyards within the Township of Washington.
All junkyards as defined in this chapter are hereby prohibited
in all zoning districts in the Township of Washington, except as set
forth in this chapter and conditioned upon compliance with the licensing
and regulation provisions herein contained.
For the purposes of this chapter, the following terms are defined
as follows:
AUTOMOBILE GRAVEYARD
Any land or building which is maintained, used or operated
for storing, keeping, buying or selling wrecked, scrapped, ruined
or dismantled motor vehicles. Three or more such vehicles will constitute
an automobile graveyard.
GOOD CAUSE
The violation of any of the provisions of this chapter, or
any false statement contained in the application for license, or failure
to pay any license fee when due, or any conviction of the applicant
during the terms for which the license was issued, or the violation
of any statute or law of the State of New Jersey or any statute of
the United States or the United States government arising out of and
in the course of operating the junkyard.
JUNK
Any old, discarded or unused waste material of any type,
whether or not it has outlived its usefulness or the original purpose,
including but not limited to iron, metals, glass, paper, rags, clothes,
machines, boats, automobiles, motor vehicles or parts thereof or accessories
thereof, such as auto bodies and the like, and all other materials
commonly or generally known as "junk" in the ordinary meaning of the
word, including, without limitation, parts or portions of automobiles
and discarded automobiles and automobile bodies.
JUNK DEALER
Any person who deals in junk for commercial purposes or who
buys or otherwise acquires or collects or stores junk within the Township
of Washington.
JUNK SHOP
Any building within the Township of Washington in which junk
is stored, placed, sold or purchased.
JUNKYARD
Any lands or parcels thereof on which junk is collected or
placed or stored or used or sold. The term "junkyard" shall include,
without limitation, automobile graveyards, junk dealers, junk shops
and, where applicable, licensed premises. This term does not include
and this chapter does not prohibit or require a license for storage
of old materials to be used by persons or entities storing the same
for manufacturing or other business purposes commonly used in connection
with, and as an accessory and subservient part of, the normal operation
of that business. However, any such old materials will be presumed
to be junk as defined by this subsection if they are kept on site
for a continuous period of more than two years.
LICENSED PREMISES
Any lands or buildings, or both, for which a license has
been properly issued under this chapter.
Where, at the effective date of the adoption of this chapter,
the lawful use of land or a parcel thereof as a junkyard exists, such
use may be continued as a nonconforming use, provided that it remains
otherwise lawful and complies with the provisions of the ordinances
of the Township of Washington and the licensing procedures herein
contained.
The following regulations shall pertain to junkyards:
A. It shall be unlawful to stack, pile or place motor vehicles, parts
of motor vehicles, or any other junk or materials upon the premises
subject to the license, so that any such item or composite of items
exceeds 13 feet in height from ground level.
B. The entire perimeter of that portion of the entire premises for which
a junkyard license has been issued shall be enclosed completely on
all sides by a fence approved by the governing body, or, at the option
of the license applicant, permanent survey monuments shall be provided,
indicating the portion beginning and end of each course of the premises'
legal description, and the part of the premises for which the junkyard
license is issued shall be delineated by the placement of metal posts
at least four feet in height, spray-painted a bright color every 20
feet around the perimeter. A fence providing a visual barrier shall
be required for enclosing any portion of the licensed premises adjacent
to or bordering a public road or right-of-way and any portion of the
licensed premises within 150 feet of such road or right-of-way, thus
creating a U-shaped visual barrier.
C. Disposal of junk by incineration on the licensed premises is prohibited.
D. No junk or rubbish or salvaged material of any type shall be kept
without the parameters of the monuments and fencing enclosing the
licensed premises.
E. Any excessive or unreasonable noise created by operation of the junkyard,
creating a nuisance or otherwise violating any ordinance or law shall
be considered a violation of the license by the licensee.
F. No license issued pursuant to the terms of this chapter shall entitle
any licensee or any person to operate under said license at, in or
upon any lot, building, dwelling or location or any part thereof,
other than that specified in the license. No license shall be assignable
or transferable to any place, lands or premises. A person-to-person
transfer may be permitted at the discretion of the governing body
upon proper application by an existing licensee. The application shall
contain names and addresses of all parties to the transfer applied
for, in accordance with all terms of this chapter, and shall be accompanied
by a payment to the Township of Washington in the amount of $100.
Any license so permitted to be transferred by the Township of Washington
shall expire on the same date as it would have had no transfer taken
place.
G. No materials of an explosive, corrosive, ignitable or toxic nature
shall be kept, stored, used, maintained or demolished on the licensed
premises, except motor vehicle liquids and other materials and items
normally involved in the operation of the junkyard, and in accordance
with this chapter.
H. No materials of an odorous, hazardous or environmentally detrimental
nature shall be kept or maintained on the licensed premises, except
motor vehicle liquids and other materials and items normally involved
in the operation of a junkyard, and in accordance with this chapter.
I. The licensee shall at all times keep whatever fire equipment has
been required, pursuant to the application process, on the premises
in an accessible place and maintained in operating condition, and
shall at all times maintain clear and accessible egress and ingress
for emergency vehicles. The following minimum equipment for fire safety
shall be maintained and accessible to employees during the junkyard
operations:
(1) Portable fire extinguisher rated for Class A/B/C. If metal cutting
operations exist, a C-rated extinguisher must be within 30 feet of
the hot work.
(2) Telephone, labeled with the 9-1-1 dialing number for emergencies.
J. No licensee or his agent, representative or employee shall knowingly
or illegally buy, sell, receive, dispose of, conceal or have in its
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 for the purpose of concealing
the identity of such vehicle, except as same may be accepted by the
licensee from a person or entity authorized by law to deliver such
items.
K. No licensee or agent, representative or employee thereof shall illegally
receive or possess any goods, articles, or things which may have been
stolen and shall not have been legally obtained from a person or entity
authorized to deliver same. Should the licensee receive any such items
other than from a legal and authorized source, the licensee shall
immediately notify the nearest New Jersey State Troopers' barracks
of same.
L. Any drainage, collection, storage or disposal of any liquids retrieved
from automobiles or parts thereof shall be accomplished on and over
a containing surface in a manner so as not to spill any such material
on the ground. The licensee shall drain antifreeze and fuel from any
automobile or part thereof within 48 hours of receipt of same and
prior to storage or any other disposition of such motor vehicle or
motor vehicle parts. Said liquids shall be disposed of in accord with
Department of Environmental Protection regulations.
M. The junkyard shall be served by a fire lane that is 15 feet wide,
terminates in a manner which provides safe and efficient entry and
turnaround for fire equipment and, if present, has bridges or culverts
having a highway load limit of at least 20 tons. The fire lane shall
be kept clear of junk materials and storage that would impede access
by fire equipment.
N. Storage areas for tires shall be separated from other junk materials
and storage areas by a firebreak that is clear of flammable material
and vegetation, to mineral soil or other road-surface material.
O. If such motor vehicles, parts of motor vehicles, or any other junk
or materials upon the premises are stored one on top of another, then
such vehicles shall not be stored more than 16 feet in width. In no
case shall any item or composite of items exceed 13 feet in height
from ground level. Such storage configuration shall not exceed 500
feet in length. The purpose of this requirement is to allow access
by EMTs, firefighters, and equipment in the event of fire or other
emergency within the licensed premises.
P. Each licensee shall comply with the relevant provisions and requirements
of the New Jersey Worker and Community Right to Know Act, N.J.S.A.
34:5A-1 et seq., and N.J.A.C. 8:59. A copy of the annual inventory
and report submitted to the New Jersey Department of Health and Services
shall be filed with the Clerk of Washington Township within 20 days
of submission.
Any modifications to the terms and conditions of this chapter shall be by amendatory ordinance, except that, as provided in §
269-6B(11), additional specific requirements or waiver thereof to a specific applicant during a specific application proceeding may be imposed or permitted as consistent with and as provided in this chapter and §
269-6B(6).
Enforcement in a Municipal Court by way of prosecution of violations
of this chapter shall not be exclusive and shall not preclude other
remedies that may be available at law. A person violating any portion
of this chapter shall be subject to a fine of not less than $250 nor
more than $1,000, community service and/or may be imprisoned for a
term not to exceed 30 days.