All junkyards as defined in this chapter are prohibited unless permitted by Chapter
120 of the Code of the Borough of Spotswood, entitled "Land Development."
For purposes of this chapter, the following definitions are
hereby established:
JUNK
Old or scrap copper, glass, brass, rags, batteries, paper,
trash, debris, waste or junked, dismantled or wrecked motor vehicles
or parts thereof, iron, steel and other old or scrap ferrous or nonferrous
metals of any type and all other materials commonly or generally known
as "junk" in the ordinary meaning of the word.
JUNKYARD
A place where old metal, junk or material of any kind, including,
but not by way of excluding, disabled vehicles either held or not
held for sale in parts or as junk and either sold, stored or dealt
in. Any place, establishment or land which is maintained, operated
or used for storing, keeping, buying, selling or just leaving junk
on said premises or for the maintenance or operation of an automobile
graveyard is hereby defined as a junkyard.
PERSON
Includes partnerships, corporations or limited-liability
companies. The masculine gender shall include the feminine, and the
single number shall include the plural numbers.
A plot plan shall be submitted with an application. These documents
shall contain, as a minimum, the following information:
A. Any map or plan submitted in compliance with this chapter shall be
24 inches by 36 inches.
B. The title block shall include the following information:
(2) The name of the junkyard.
(3) The name, address, membership or license of the professional person
who prepared the drawings.
(5) The drawing reference number.
(6) The scale of the drawing.
C. Drawings shall also include the following:
(1) A North arrow and reference meridian.
(2) The date of the original drawing and the date and the nature of all
subsequent revisions.
D. General plot plan requirements:
(1) An accurate boundary survey prepared and certified by a New Jersey
licensed land surveyor showing all internal physical features and
improvements. The survey shall be based on a field traverse with an
error closure not less than one part in 10,000.
(2) In the event that the boundary survey shall reveal any encroachments
onto adjoining properties, the applicant shall cause such encroachments
to be removed and shall provide a new boundary survey (as required
herein) demonstrating that any such encroachments have in fact been
removed.
[Added 9-6-2006 by Ord. No. 2006-18]
The following construction and operation standards shall be
adhered to in junkyard operations:
A. All entrances shall be gated, the gates shall be of the same material
as required for fencing referenced below, and accessible around the
clock for emergency vehicle access.
B. It shall be unlawful to stack, pile or place motor vehicles, parts
of motor vehicles or any other junk or materials upon such premises
in such a manner as to create a place for the harboring or breeding
of mice, rats or other vermin or to stack, pile or place junk above
the height of the boundary fence surrounding the premises.
C. All junkyards shall be completely obstructed from the ground level
view of every and all adjoining landowners and from any and every
public street. Every junkyard or place where junk is stored shall
be enclosed completely on all sides by a fence at least eight feet
high and shall be of cinder block, masonry or other type and construction
as shall be approved by the Borough Engineer. There shall be no advertisement
allowed or any description or writing on said fence, except the name
of the business, if any, and said writing shall not exceed an area
of six square feet. The fencing shall be completed within one year
of application for a license under this chapter, and completion shall
be a condition of renewal. The fence shall effectuate the obstruction
of the junkyard from view as set forth hereinabove.
D. All burning of any kind shall be prohibited, and adequate precautions shall be taken in every junkyard to prevent fire from breaking out or spreading. No explosive or extremely inflammable material shall be stored in a junkyard except as permitted in Subsection
G below.
E. No junk, rubbish or salvage of any type shall be maintained outside
the enclosure surrounding any junkyard.
F. No license issued pursuant to the terms of this chapter shall entitle
any applicant or anyone else to operate under said license at, in
or on 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 other person or party whatsoever or to any
other land or premises other than premises previously approved as
a junkyard and operating under a valid license previously issued.
The only transfer allowed shall be a person-to-person transfer, upon
application made to the Borough Council of the Borough of Spotswood,
of an existing licensed junkyard. The application shall contain the
names and addresses of all parties to the transfer, and the applicant
shall provide all information required by this chapter; the application
shall be accompanied by a check payable to the Borough of Spotswood
in the amount of $500. Any license authorized for transfer by the
Borough Council of the Borough of Spotswood shall expire on the 31st
day of December of the year in which the transfer is made. Thereafter,
the license may be renewed in accordance with the terms of this chapter.
G. No materials of an explosive nature shall be stored, maintained,
detonated or demolished on any premises except as may be permitted
to be maintained by fire prevention code or other applicable law for
operation of a junkyard.
H. No materials shall be kept or maintained on any said premises which
shall be of such odorous nature as to be offensive to adjoining landowners
and property owners or other inhabitants in the area of the licensed
premises nor shall any intentional discharge be permitted.
[Amended 9-6-2006 by Ord. No. 2006-18]
I. The applicant shall maintain sufficient fire extinguishers on the
licensed premises at all times and shall establish such fire protection
measures as may be required by the Uniform Fire Safety Code or by
reason of any other law.
J. All junkyards shall comply with all county, state and federal governmental
laws and regulations.
K. Any new buildings or junkyard operations shall be located at least
100 feet from any property line or roadway. Existing buildings or
operations, closer than 100 feet at the time of initial licensing
under this chapter, shall be exempt.
L. No materials regulated herein shall be placed on the licensed premises
in a manner which permits rainwater to collect and remain in and about
the premises for a period longer than 24 hours.
M. No operator of a junkyard shall permit rodents or conditions likely
to attract rodents or any other unhealthful or unsanitary condition
to exist on the premises.
N. Copies of all applicable local, state and federal licenses that may
be required shall be maintained on the site, made available to the
Borough for inspection, and be resubmitted with renewal applications.
Any person who seeks a license under this chapter shall obtain
and deliver to the Borough Clerk with the application evidence that
the applicant has in effect a public liability insurance policy with
limits of liability of not less than $1,000,000 combined single limit
for any one accident for bodily injury and property damage.
An application for a junkyard license shall be accompanied by
a bond to the Borough in the penal sum of $1,000, with a surety or
sureties approved by the Borough Council, or a letter of credit pursuant
to N.J.S.A. 40:55D-53.5 conditioned for the observance during the
term of the license of all laws, ordinances, rules and regulations
applicable to the junkyard or the junkyard business in force or thereafter
adopted by the governing body of the Borough.