[HISTORY: Adopted by the Township Council of the Township
of Mine Hill 7-16-2015 by Ord.
No. 20-15.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers and junkyards — See Ch. 303.
[1]
Editor's Note: This ordinance also provided that licenses
under this chapter shall not be required until January 1, 2016.
No person shall engage in or carry on the business of motor
vehicle junk dealer or dealer in secondhand motor vehicles or parts
thereof in the Township without obtaining a license as provided in
this chapter. Each license shall expire on December 31 of the year
in which it was issued and shall be renewed annually.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes purchasing, selling, exchanging or storing dismantled,
partly dismantled or used motor vehicles, including motorcycles. This
chapter shall not apply to a casual sale of a single motor vehicle
previously owned and operated by the seller.
Every applicant for a license shall make a separate application
for the granting of a separate and distinct license for each separate
and distinct location where the business is to be maintained and operated.
The application shall include the following:
A.
The name of the person or entity making such application and business
address; the name of any individual holding any interest in an entity
making an application, including the addresses of all persons holding
an interest.
B.
In the case of an application for a newly established location, the
application must be accompanied by a site plan duly approved by the
Planning Board of the Township of Mine Hill.
C.
In the case of an application for an existing location which existed
prior to the enactment of this chapter, the application must be accompanied
by a zoning permit indicating that the existing use is a legal use
or a certificate of nonconformity as well as a location survey map
of the premises giving the street frontage and delineating the exact
area of the premises upon which the business is to be conducted.
D.
A statement of any criminal convictions of the applicant or any person
holding any interest in any applicant which is not an individual,
including a statement of any indictments, presentments or complaints
against the applicant which did not lead to conviction.
E.
A statement of any judgments against the applicant or any individual
who holds any interest in any applicant which is not an individual,
including a statement of any proceeding as to insolvency, receivership
or bankruptcy involving the applicant.
F.
A copy of any state-issued licenses or permits.
G.
A copy of the most recent site plan approved by the Planning Board
or, if there is no approved site plan, a reasonably comprehensive
detailed plan showing the current conditions of the site.
[Added 9-3-2015 by Ord.
No. 24-15]
An applicant for a license under this chapter shall pay an annual fee for such license as set forth in Chapter 235, Fees. The license fee shall be due annually, and there shall be no proration of the fee for licenses issued after January 1.
A.
None of the materials, the purchase, sale, exchange or storage of
which are regulated herein, shall be kept on any sidewalk, street,
or right-of-way and shall be set back at least 10 feet from any sidewalk,
street, or right-of-way.
B.
It shall be unlawful for any licensee to permit any materials, the
purchase, sale, exchange or storage of which are regulated herein,
to be placed upon the licensed premises in such a manner so as to
permit rainwater to collect and remain in and about said premises
for a period longer than 24 hours.
C.
It shall be unlawful for any licensee to stack, pile or place any
materials upon the licensed premises in such a manner as to create
a fire hazard or to create a place for the harboring or breeding of
rats, mice or vermin.
D.
It shall be unlawful for any licensee to cause any materials which
may be inflammable to be destroyed by burning, either on the premises
or at any other place within the Township.
E.
Vehicles shall be parked on a lot which shall be paved with concrete,
bituminous penetration macadam pavement or other equivalent materials,
all of good quality. Such pavement shall be maintained in a good state
of repair.
F.
Licensed lots shall have an adequate drainage system to drain away,
quickly and at all times, all surface waters, so that no pools of
water may form, at any time, on said lot or any water flow from said
lot onto the street or sidewalk or on any adjoining land. Such drainage
system shall not be installed in such a way as to interfere with,
prevent or affect, in any manner, the proper maintenance or adequate
functioning of any sewer system, storm sewer or storm drain of the
Township or diminish its effectiveness.
G.
Environmental oversight.
(1)
No license shall issue unless the applicant has submitted all current
required New Jersey Department of Environmental Protection permits
with the application or has submitted an affidavit certifying that
the use and operations on site do not require any permits from the
New Jersey Department of Environmental Protection.
(2)
It shall be unlawful for any licensee to discharge to land, groundwater
or surface waters of this state any pollutant. A "pollutant" means
any dredged soil, solid waste, incinerator residue, filter backwash,
sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical
waste, biological materials, radioactive materials, thermal waste,
wrecked or discarded equipment, and construction waste or runoff or
other residue. If a licensee's business activities include the
storage or control of pollutants on site, the licensee shall provide
an appropriate physical location and proper procedures within acceptable
environmental standards for the storage and handling of pollutants
so as to prevent the discharge or potential discharge of pollutants
to land, groundwater or surface waters.
The Health Officer, the Zoning Officer, or any other authorized
agent of the Township are hereby authorized and directed during reasonable
business hours to make reasonable periodic inspections of all said
premises and buildings for the purpose of ascertaining that said business
is being conducted upon the licensed premises in accordance with the
provisions hereof.
Any person, partnership or corporation violating the provisions of this chapter shall be subject to the penalties set forth in § 1-3 of this Code.
