No person may operate a junkyard as herein defined within the
Township without first obtaining a license as herein described.
A. Any person desiring to operate junkyard in the Township of Bridgewater
shall first make written application to the Supervisors. Such application
shall be in the form established by the Township and shall set forth
the applicant's name and address, include an accurate description
of the premises on which the junkyard is to be located, including
the County Tax Map parcel number(s), and a statement that the applicant
will comply with this chapter and any regulations adopted pursuant
to this chapter and such other information as the Township may require.
(The state DEP requires persons to apply to the state for a license
when a junkyard is to be within 1,000 feet of a federal highway.)
B. An application for license under this chapter shall be examined by
the Supervisors and license issued or denied within 60 days of submission
thereto. Examination of the application shall include consideration
of the suitability of the property proposed to be used for the purpose
of the license, the character of nearby properties, and the effect
of the proposed use upon the land use regulations of the Township.
When the application is found in compliance with the provisions of
this chapter, the Supervisors shall issue a license to the junk dealer
applicant for operation of the junkyard as described in the application.
C. The required fees shall consist of the application fee, which shall
not be returnable in case of refusal of license, and the annual license
fee, which shall be established pursuant to a resolution of the Township.
All fees are due, payable to and for the use of the Township at time
of application. The Supervisors may waive the application fee when
issuing renewed licenses. The term of any license issued under this
chapter shall be for one calendar year or portion thereof and shall
terminate on December 31 of the year in which issued.
D. A license issued under this chapter is required to be renewed on
or before January 1 of the year in which it is desired to continue
operations. Such application for renewal must be in writing, in such
form as may be required by the Township, and accompanied by the license
fee. Renewal applications are subject to complete reexamination and
consideration by the Supervisors for continued compliance with the
terms of this chapter.
E. No person licensed under this chapter shall, by virtue of one license,
operate more than one business or junkyard within the Township. No
person shall engage in business or operate a junkyard at any place
other than the place designated by his license. Licenses are nontransferable,
both as to junk dealer and junkyard premises. The permitted size of
a junkyard shall be fixed at the time of license issuance, with due
regard for the existing and proposed uses of the surrounding area
and properties.
The license under which the junkyard is operated shall at all
times be conspicuously posted on the licensed premises, and the operating
requirements as herein provided shall be complied with.
A. Permanent records of all junk received in or removed from any junkyard
shall be kept by the junk dealer on the premises, containing the name
and address from whom received or to whom delivered, the date thereof,
and a description of the junk. Such records shall be open to inspection
at all reasonable times by the Supervisors and by any law enforcement
officer.
B. Junkyards and businesses licensed under this chapter may not operate
on Sunday, nor between the hours of 9:00 p.m. and 6:00 a.m., except
to remove any wrecked automobile from any public highway.
All junk in junkyards licensed under this chapter shall be stored
as herein provided:
A. All junk shall be set back at least 40 feet from any adjoining premises
and at least 60 feet from the nearest right-of-way of any public street,
road or highway.
B. All junk shall be stored and arranged so as to permit access by fire-fighting
equipment. Junked motor vehicles shall be spaced in rows, with at
least 20 feet between double rows; other junk shall be stored in piles
or tiers, which shall be separated by aisles or cleared areas of no
less than 10 feet.
C. Junk shall be arranged so as to prevent the accumulation of stagnant
water and shall be stacked to a height of not more than six feet from
the ground.
D. All gasoline and oil shall be drained from junked motor vehicles
within 48 hours of arrival on premises. Such gasoline and oil shall
be stored at only one location on the premises, and not more than
100 gallons in the aggregate, in proper containers, may be stored
above ground.
E. Paper, rags, plastics and similar materials for salvage shall be
stored indoors.
Paper, rags, plastic and similar materials for salvage shall
not be accumulated or remain on the junkyard premises for more than
60 days. Materials separated as solid waste shall not be accumulated
for more than 30 days.
No burning whatsoever shall be permitted.
Garbage, organic waste, or plain solid waste shall not be received
or stored in any junkyard. Materials designated as solid waste may
be received only as mixed with salvageable material and shall be promptly
disposed of as herein provided.
Every junk dealer licensed under this chapter shall enclose
and maintain his junkyard as herein provided:
A. Every junkyard premises shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of §
184-4A of this chapter, shall be at least six feet in height, and shall be of wood or wire with maximum lineal openings of three inches. Entrance gates shall be of similar material, well constructed, and shall be kept securely locked, except during business hours. Fencing shall be maintained in good condition throughout its length at all times.
B. Junkyard premises which have open-wire fence enclosures visible from
an abutting public thoroughfare or from an abutting residential property
within 500 feet of the fence shall have a landscaped screen of trees
and/or shrubs, of varieties capable of attaining a continuous height
of six feet within two years, planted along such fence or section
of fence. All required open areas between fences and lot lines of
the premises shall be maintained continuously in good order, free
of weeds and scrub growth.
C. The area inside the fence and lot lines of any junkyard premises
shall have weeds mowed regularly and not permitted to go to seed.
D. All junkyard premises shall be maintained in such manner so as not
to cause a public or private nuisance. Nor shall they cause any menace
to the health or safety or persons off the premises. Nor shall they
cause any excessive or offensive or noxious odors or sounds. Nor shall
they cause any excessive or offensive or noxious odors or sounds.
Nor shall they cause the breeding, harboring or infesting of rats,
rodents or vermin. Nor shall they be in violation of any health or
sanitation law or ordinance or regulation of any governmental body.
Every junk dealer and junkyard licensed under this chapter is
subject to inspection and regulation as herein provided:
A. Any member of the Township or the Township agent may at any reasonable
time enter upon the premises currently licensed or for which a license
application is pending.
B. The Township may from time to time, pursuant to resolution, adopt
regulations to carry out the provisions of this chapter, upon giving
notice to licensees affected by such regulations.
The Township may waive the setback requirements as established by §
184-4A and the planting requirements as established by §
184-8B for those junkyards in existence at the time of the enactment of this chapter, if such junkyard is in compliance with the other requirements as provided by this chapter and if, in the Township's discretion, compliance with said setback and planting requirements would cause undue hardship to such existing junkyard.
Junk dealers and junkyards operating and existing in the Township
as of the effective date of this chapter shall be required to comply
with the provisions of and obtain a license under this chapter within
six months from the effective date. However, an extension of the time
allotted in complying with the terms of this chapter may be granted
at the discretion of the Township. Such extension shall be for good
reason and shall not exceed six months.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
The Township may take any appropriate action at law or equity,
civil or criminal, to enforce the provisions of this chapter, and
this chapter shall in no way restrict any remedies otherwise provided
by law.