[HISTORY: Adopted by the Township Council of the Township of Franklin 3-24-1992 by Ord. No. 1697 (Ch. 156 of the 1990 Code). Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, safety and welfare by establishing a uniform set of procedures for administering the issuance, renewal and revocation of licenses issued for the operation of a junkyard or junk shop.
As used in this chapter, the following terms shall have the meaning indicated:
- HAZARDOUS WASTE
- Any substance defined pursuant to N.J.A.C. 7:26-1.4, 7:26-8.1 and 8:59-1.3 as well as N.J.S.A. 34:5A-l et seq. Also included are any substances or wastes classified by the New Jersey Department of Health as a carcinogen (CA), mutagen (MU), teratogen (TE) or corrosive (CO).
- Any waste or discarded material, old lumber or materials obtained from dismantled buildings, old iron or other metal or substance, glass, paper, machine parts, accessories, discarded machinery or discarded machines, in whole or in part, registered or unregistered motor vehicles which are unfit for reconditioning for sale for highway transportation, used parts of motor vehicles and any material acquired or collected commercially and commonly known as "junk" in the ordinary meaning of the word.
- JUNK DEALER
- A junk shop or junkyard keeper who also uses or intends to use one or more vehicles for the purpose of buying, collection or otherwise acquiring junk for commercial purposes and placing, collecting or storing same in his junkyard or junk shop.
- JUNK SHOP
- Any building within the Township in which junk is placed, collected, stored or kept.
- Any lot of land within the Township on which junk is placed, collected, stored or kept.
It shall be unlawful for any person to keep, maintain or operate a junkyard or junk shop or to engage in the business of a junk dealer within the limits of the Township without first having obtained a license or permit therefor, annually as the case may be, in accordance with the provisions of this chapter. Any license issued hereunder shall be valid for a one-year period from the date of issuance and must be renewed each year thereafter. The issuance of any license hereunder shall not be deemed to relieve the licensee from the requirement to obtain any other licenses, permits or approvals required by law.
[Amended 10-10-2000 by Ord. No. 3162]
Any person desiring a license or a renewal of an existing license for a junkyard or junk shop or as a junk dealer shall file with the Township Clerk an original application, under oath, in writing, on a form furnished by the Township Clerk.
The application shall set forth the following information:
The applicant's name, business name and business address.
Whether the applicant is an individual, a partnership, a corporation or other entity and, if another entity, a full explanation and description thereof.
If the applicant is an individual, the applicant's residence address and date of birth.
If the applicant is a partnership, the full names, residence addresses, dates of birth of each partner;
If the applicant is a corporation or other entity, in the case of a corporation, the full name, residence addresses, dates of birth of each major officer and each stockholder, the name and address of the registered agent and the address of the principal office (the term "major stockholder" as used herein means and includes any person owning or having an interest, either legal or equitable, in 10% or more of the stock issued and outstanding of the applicant corporation); in the case of another entity, the full names, residence addresses, dates of birth of each person owning or having any interest, either legal or equitable, aggregating in value 10% or more of the total capital of the said entity, the name and address of the registered agent, if any, and the address of the principal office.
Whether the applicant or any partners, officers or stockholders thereof have ever been convicted of a crime and, if so, the name of the person convicted, the date of conviction, the crime or charge involved. The term "officer" as used herein means and includes the president, vice president, secretary and treasurer of a corporate applicant.
The location of the business as shown upon a detailed and suitable map thereof accompanying and attached to the initial application. The map shall be prepared according to scale and certified by a land surveyor licensed by the State of New Jersey. The map shall show the premises sought to be licensed; the existing or proposed buildings and fences and their location; the size, height and entrance of all buildings; the type of construction of buildings; the height, length, width of each storage pile containing combustibles and description of materials contained in each combustible storage pile; and a description of all fixtures, crushers and similar mechanical equipment located on the premises together with all other information required by this chapter. Any application for renewal of a license need not be accompanied by the map required hereinabove provided the applicant certifies there have been no changes from that depicted on the initial map. If there have been changes and, if in the opinion of the Township Engineer the changes are not of a substantial nature, no new map shall be required.
As to any existing or proposed fences:
A description of each type of hazardous waste located or stored on the premises as well as a detailed description of the manner and method of handling such waste including, but not limited to, a detailed description of the manner of storage, removal and disposal of all such wastes. No hazardous wastes other than hazardous wastes customarily and normally found in motor vehicles shall be permitted to be stored or located on the premises at any time.
Each application for a junkyard or junk shop license shall contain an agreement that the applicant accepts the license to be granted upon the condition that it may be suspended or revoked for cause at any time by the Council in accordance with the provisions of this chapter.
The fee for said license shall be $1,000 per annum for any junkyard or junk shop located on premises in excess of 1/2 acre and $500 for all other junkyards or junk shops.
[Amended 7-12-1994 by Ord. No. 1843]
Upon receipt of an application for a license or renewal thereof, the Township Clerk shall submit same to the Police Department, Zoning Officer, Fire Prevention Department, Public Health Department and Engineer for reports as to compliance or noncompliance of the establishment with regulations, statutes and ordinances, including all terms of this chapter.
In addition to submission of an application containing all the information required by § 156-4 hereof, the establishment shall comply with the following requirements:
The junkyard or junk shop shall be maintained so that weeds and brush do not grow and trash does not accumulate on the licensed premises.
Effective control measures shall be utilized to minimize and eliminate the presence of rodents and the breeding of insects and other vermin in the facilities and yard. Such measures as preventing the pooling of water and eliminating the availability of food for the above-mentioned vermin shall be implemented.
The owner or operator shall secure a licensed exterminator or a person who can apply insecticides or rodenticides in full compliance with New Jersey Department of Environmental Protection regulations N.J.A.C. 7:30-1. Receipts shall be maintained to verify that an exterminator or person qualified as indicated above has inspected and/or treated the yard area at least monthly or more frequently if indicated.
The outside storage of combustibles shall comply with the following table which sets forth in feet the separations required between exposed building and storage piles or between isolated piles:
In addition to the separation requirements specified herein, all storage piles shall be segregated with only like materials being stored in one pile.
The junkyard or junk shop, which junkyard or junk shop is located on more the 1/2 acre, shall provide thirty-foot wide all-weather access roadways leading to the site from a public way and shall provide eighteen-foot wide all-weather access roadways connecting the access roadway within and along the full interior perimeter of the storage areas and between storage piles. The applicant shall submit with the application for license a plan showing each such road which shall be reviewed and revised if required by the Director of Fire Prevention and the Township Engineer.
The storage of junk tires shall comply with Guidelines for Outdoor Storage of Scrap Tire in Standard 231D, Appendix C, 1989 Edition of the National Fire Protection Association, which is incorporated herein and made a part hereof and copies of which are on file with the Township Clerk.
[Amended 11-14-2000 by Ord. No. 3165]
The establishment shall provide a lighting system in accordance with the Township's Design Standards as contained in Article XXVI of Chapter, Land Development, § 112-202 et seq.
The owner(s) of the establishment shall provide home phone number(s) and/or pager or answering service such that the municipal officers may reach each owner during off-business hours in the event of any emergency.
In all facilities where hazardous wastes are handled, the owner shall maintain on site a means of containing effluent from spills, leaks or system breakdowns. Such spills, leaks or breakdowns shall be immediately reported to the Department of Public Health, which shall forthwith inspect the effluent from same. No material so contained shall be discharged or disposed of until after the inspection and approval for discharge or disposal is obtained.
The owner shall submit to the Township Clerk copies of all Workplace Hazardous Substance Lists filed pursuant to N.J.S.A. 34:5A-1 et seq., the Worker and Community Right to Know Act.
The owner shall not permit the storage on the premises of more than 100 pounds of propane, 450 cubic feet of acetylene, and 530 cubic feet of oxygen used for cutting of metal.
Prior to the issuance of the initial license for any junkyard or junk shop existing as of the effective date of this chapter, a compliance plan shall be submitted for any such junkyard or junk shop not in full compliance with this chapter. The compliance plan shall be submitted to the Planning Board within 120 days following the adoption of this chapter. The compliance plan shall indicate measures which will be taken during the period for which the permit sought will be effective to progressively fulfill the provisions of the overall compliance plan, which compliance shall be fully accomplished within three years of the effective date of this chapter.
The initial plan shall be submitted to the Planning Board, which shall conduct a hearing thereon, which hearing shall be recorded. The Planning Board shall thereafter adopt a resolution containing findings of fact and conclusions of law and recommending approval, approval with conditions or disapproval. This resolution shall be forwarded to the Township Council. The Council shall, within 45 days after receipt of said resolution, make a final determination on the compliance plan after a de novo hearing based upon the transcript before the Planning Board. The Council shall have the right to supplement the record below by additional testimony or evidence; and, further, the Council shall have the right to delete, amend or supplement the findings of fact and/or conclusions of law set forth by the Planning Board in accordance with the record before the Council. The initial plan shall detail all work to be performed in the compliance process, including a specification as to the year in which the plan shall be completed, and shall specify a reasonable proportion of the work to be completed each year such that there shall not be an undue concentration of work performed in the final years of the plan. Such plan may be subject to amendment or revision from time to time as additional relevant information and circumstances will justify the same. The compliance plan shall demonstrate the foregoing by including at least the following information:
A legal description of the premises where the business is conducted and a map or maps of the premises prepared by a professional engineer and land surveyor licensed in the State of New Jersey, which shall depict and show the entire tract involved, and shall have permanent concrete or metal markers of sufficient number and location such that the boundaries of the property and any municipal boundary line traversing the property or any portion thereof are reasonably ascertainable. Where the junkyard property abuts a county, municipal and/or state right-of-way or easily ascertainable and stable natural terrain feature, no monuments shall be required along the same. The plan shall also depict all roads or principal buildings on the tract or within 200 feet thereof; and all proposed all-weather roadways; existing and proposed storage pile heights including all dimensions thereof with the specific materials stored currently and to be stored therein under the provisions of the compliance plan; all wooded areas, brooks, streams, bodies of water, floodways, flood hazard areas and stream encroachment boundaries on the tract involved and within 200 feet thereof. The applicant shall be permitted to rely on municipal records in depicting any improvements off the licensed premises.
Provisions for compliance with the separation and segregation of combustible or flammable materials as specified herein.
Provisions for the construction of all-weather roadways to, within and along the storage areas.
Provisions for the handling, storage and disposal of hazardous wastes.
Provisions for a fence erected around the junkyard area to assure nonaccess thereto by unauthorized persons. The fence shall be woven wire of the chain link type or, if adequate tree and shrub growth exist to ensure a year round dense screen and is sufficient to insure the health, safety and welfare of adjacent properties, the Township Engineer may accept same in lieu of a fence. Fencing plans and details shall be submitted to the Township Engineer for his review and approval. The fence shall be accessible around its entire perimeter along the interior for purposes of inspection. The fence shall be maintained in such a manner that it is free from vegetation such as honeysuckle, multiflora roses and other types of vegetation indigenous to the area. The fence may be erected over a period of years not exceeding two years in as nearly equal increments as reasonably possible, provided that the owner shall post a performance guaranty in the form of either cash, certified check or letter of credit in an amount equal to the uncompleted portion of the fence. Said performance guaranty shall be posted at the time of the approval of the initial plan.
Provisions for simultaneous operation of the junkyard and compliance in accordance with the proposed plan.
An itemized estimate of costs for all compliance work to be completed in the ensuing year.
Such other information as may be reasonable.
Complete applications for license renewals of those licenses for which a compliance plan has been approved must be filed with the Municipal Clerk at least 150 days prior to the expiration of any previously existing permit, and the Township Council shall act within 90 days after filing of a complete application. Failure to approve or disapprove within said time shall result in an automatic disapproval of the plan.
Upon each application for renewal of any permit after approval of the compliance plan required herein, the applicant shall be required to update the compliance plan so as to:
Indicate only those changes or differences which have taken place or have occurred since its last application.
Set forth those changes in performance or maintenance guarantees required by actual performance or changed conditions.
Set forth all compliance screening and similar operations which have been completed during the past year.
Post security, as hereinafter defined, sufficient to cover the cost of the compliance work required by the initially approved compliance plan or any amendments thereto to be performed during the ensuing year and maintenance of compliance improvements during the said ensuing year.
Prior to the issuance of any license or the renewal of any license of any junkyard or junk shop required to submit a compliance plan, in addition to compliance with the provisions of § 157-7 hereof and all other applicable ordinances, the applicant shall submit to the Municipal Clerk security in the form of cash, certified check or letter of credit to assure completion of all compliance activities which are to be undertaken during the period for which the permit is to be issued, in accordance with the following standards:
The guarantee shall be in an amount equal to the total estimated cost to the applicant of completing all compliance activities required by the plan for the period of the license as estimated by the Township Engineer. The total estimated cost shall be based upon the estimated costs which would prevail upon expiration of the guaranty period and shall also include appropriate allowances for contract-related costs such as engineering, legal, financial and other usual costs. The performance guaranty shall be approved by the Township Attorney as to form, sufficiency and execution. If the required improvements as specified in the compliance plan have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon, at the option of the municipality, for the reasonable costs of the improvements not completed, and prior to or after receipt of the proceeds thereof, the Township may install, complete or correct such improvements.
Periodic inspection may be made to evaluate performance of the applicant with respect to compliance procedures.
At the request of the applicant, the amount of the security may be adjusted, provided that the basis therefor is substantiated by said applicant and approved by the Township Council after receipt of a report from the Township Engineer and Township Attorney.
In the event of a dispute between the applicant and the Township Engineer concerning the amount of the required security, appeal may be had by the applicant to the Township Council. Notice of appeal must be filed with the Township Clerk within 30 days of receipt by the applicant of a written statement from the Township Engineer setting out a required performance guaranty in a specific amount. During the course of any appeal, the Council shall hear evidence regarding the costs of the compliance activities to be undertaken during the period for which the permit is sought and shall make a determination thereon. The Council's determination shall be appealable, as any other municipal action is, through a prerogative writ action in the Superior Court of New Jersey.
If cash security is posted pursuant to § 156-8 herein, such cash security shall be treated as if it were subject to the provisions of N.J.S.A. 40:55D-53.1, except that the Township will not retain any of the interest accruing on the deposit but rather shall include the administrative expenses, if any, incurred in receiving and depositing the funds as part of the application fee provided in § 156-5.
[Amended 10-10-2000 by Ord. No. 3162]
Prior to the issuance of any license or the renewal of any license, the applicant shall submit evidence of liability insurance coverage. The liability policy shall not be less than $1,000,000 and shall provide general coverage. Such evidence shall be submitted to the Township Clerk in the form of a certificate of insurance naming the Township of Franklin, in care of the Township Clerk as certificate holder.
A fee of $3,500 shall accompany initial application to cover the cost incurred in investigating and processing the application for junkyards or junk shops located on more than 1/2 acres and a fee of $1,750 for all other junkyards or junk shops. Upon the filing of each application for renewal or renewal of any license which includes a compliance plan, the applicant shall post the sum of $3,500 for junkyards or junk shops located on more than 1/2 acre or $1,750 for all other junkyards and junk shops, which shall be placed in an escrow account by the Township. Within 45 days after the decision by the Council, the Director of Land Use and Chief Financial Officer of the Township shall cause to be delivered to the applicant a statement itemizing the costs incurred by the Township in investigating and processing the application. In the event that the costs so specified shall exceed the sum so deposited, the applicant shall, within 30 days, remit the deficiency to the Township. It shall be a condition of any renewal under this section within said 30 days. Said condition shall further provide that failure to so pay shall void the license. In the event that the costs so specified shall be less than the sum so deposited, the Township shall, within 30 days after receipt of the itemization of expenses provided for herein, remit to the applicant the balance of such unexpended funds. In those years where compliance plan filing is no longer required, each application to renew an existing license shall be accompanied by the fee required by § 156-5 hereof.
All junkyards and junk shops under a permit issued pursuant to this chapter shall be inspected at least once every six months by the Township Engineer, Township Health Officer, Township Fire Prevention Officer or their designees. Access to the premises for the purposes of such inspections shall be freely given by the permittee after the inspector presents identification.
No licensee, agent or employee of a licensee shall purchase or have in his possession any motor vehicle or part of a motor vehicle from which the manufacturer's serial number or any other number or identification mark has been removed, altered, concealed or destroyed. Any licensee or agent or employee of a licensee to whom such a motor vehicle or part is offered shall immediately report that fact to the Township Police Department.
No goods, articles, merchandise, temporary storage container(s) or motor vehicles shall be placed by the licensee on the sidewalk or any part thereof, or on or above the fence, or between the fence or any building and the sidewalk, nor shall the licensee use the street or any part thereof for the storage, repair or sale of goods, articles, merchandise or motor vehicles.
No license shall be granted or renewed if the applicant is indebted to the Township for taxes or if there are due any taxes upon the premises for which the license is sought.
Every licensee shall provide and keep a book in which shall be written at the time of each purchase a description of the articles so purchased by serial number if such article shall contain such a serial number, the name and residence of the person or persons, firm or corporation from whom such purchase was made and the date of such purchase. Said book shall at all reasonable times be open to inspection by the Chief of Police or any person who shall be duly authorized in writing for that purpose by him, who shall exhibit such written authority to such licensee.
No licensee shall permit on any portion of the premises the following prohibited materials: compressed gases (except oxygen/acetylene used with a New Jersey permit for cutting/welding on site in amounts permitted herein), explosives, ammunition and blasting agents, fireworks and hazardous materials. Gasoline, motor fuels, oils or other materials contained in motor vehicles shall be drained and removed from any motor vehicle and within 24 hours after it is received on the premises. The Fire Official shall, based on the size of the premises, the volume of business and the manner of storage, determine the maximum amounts of such materials which may be stored on the premises at any one time.
The licensee shall provide to the Chief of Police, and update as necessary, a listing of emergency personnel along with their respective home telephone numbers and home addresses. Emergency personnel are defined as persons knowledgeable of the facility with full access to all equipment and records at all times. Failure to maintain this listing with up-to-date information shall be a violation of this chapter.
A detailed description of the business to be conducted, including hours of operation, which hours of operation shall not exceed 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays. The operation shall not be open Sundays. Nothing contained herein shall be deemed to prohibit office activities such as completion of paperwork or bookkeeping during hours or days when such business is not permitted to be operated, provided that the facilities are not in any manner open to the general public.
[Added 10-10-2000 by Ord. No. 3162]
[Amended 7-12-1994 by Ord. No. 1843]
Any license issued for the operation of a junkyard by the Township may be revoked by the Council after notice and a hearing for any of the following reasons:
Fraud or misrepresentation in any application for a permit or license.
Fraud or misrepresentation in conduct of the licensed activity. This shall include but not be limited to illegal gambling or conduct which would violate the laws of the State of New Jersey or the ordinances of the Township of Franklin.
A violation of any provision of this Code.
Conviction of the licensee for any felony or high misdemeanor or a misdemeanor.
Conduct of the licensed activity, whether by the licensee himself or his agents or employees, in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare.
Violation of any law, regulation of any government authority governing the operation of the facility or conduct therein.
Notice of a hearing for the revocation of a license or permit shall be given in writing by the Township Clerk. The notice shall specifically set forth the grounds upon which the proposed revocation is based and the time and place of the hearing. It shall be served by mailing a copy to the licensee at his last known address by regular mail and certified mail, return receipt requested, at least five days prior to the date set for the hearing.
[Amended 10-10-2000 by Ord. No. 3162]
At the hearing the licensee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Council shall revoke or suspend the license if they are satisfied by a preponderance of the evidence that the licensee is guilty of any violations charged pursuant to § 156-13A hereof.
The Mayor and Council may issue another license to a person whose license has been revoked or denied if, after hearing, they are satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person whose license has been revoked or denied, nor any person acting for him directly or indirectly, shall be issued another license to carry on the same activity.
The provisions of this chapter shall not apply to commercial operations where the principal use is farming or agriculture provided, however, that the maintenance of a junkyard of junk shop shall be subsidiary to and in support of the farming or agricultural operation.
Any person, firm or corporation who shall violate or fail to comply with any order or regulation made hereunder shall severally, for each and every violation and noncompliance, be subject to the penalties as provided in Chapter 1, Article II, General Penalty. The imposition of a penalty for a violation of this chapter shall not excuse the violation or permit it to continue; such violation shall be remedied within a reasonable time, and each 10 days 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.