[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:
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.
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.
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]
A.
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.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership,
a corporation or other entity and, if another entity, a full explanation and
description thereof.
(3)
If the applicant is an individual, the applicant's residence
address and date of birth.
(4)
If the applicant is a partnership, the full names, residence
addresses, dates of birth of each partner;
(5)
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.
(6)
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.
(7)
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.
(8)
As to any existing or proposed fences:
(9)
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.
C.
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.
A.
In addition to submission of an application containing all the information required by § 156-4 hereof, the establishment shall comply with the following requirements:
(1)
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.
(2)
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.
(a)
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.
(3)
Outside storage.
(a)
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:
|
Exposed Face
Dimensions
|
Storage Pile Height
|
8
|
10
|
12
|
14
|
16
|
18
|
20
|
|---|---|---|---|---|---|---|---|---|
|
Exposure Separation Distance
| ||||||||
|
25
|
56
|
62
|
67
|
73
|
77
|
82
|
85
| |
|
50
|
75
|
84
|
93
|
100
|
107
|
113
|
118
| |
|
100
|
100
|
116
|
128
|
137
|
146
|
155
|
164
| |
|
150
|
117
|
135
|
149
|
164
|
178
|
189
|
198
| |
|
200
|
130
|
149
|
167
|
183
|
198
|
212
|
226
| |
|
250
|
140
|
162
|
181
|
198
|
216
|
231
|
245
| |
(b)
In addition to the separation requirements specified
herein, all storage piles shall be segregated with only like materials being
stored in one pile.
(4)
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.
(5)
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]
(7)
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.
(8)
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.
(9)
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.
(10)
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.
A.
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.
(1)
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)
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.
(b)
Provisions for compliance with the separation and segregation
of combustible or flammable materials as specified herein.
(c)
Provisions for the construction of all-weather roadways
to, within and along the storage areas.
(d)
Provisions for the handling, storage and disposal of
hazardous wastes.
(f)
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.
(g)
Provisions for simultaneous operation of the junkyard
and compliance in accordance with the proposed plan.
(h)
An itemized estimate of costs for all compliance work
to be completed in the ensuing year.
(i)
Such other information as may be reasonable.
B.
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.
C.
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:
(1)
Indicate only those changes or differences which have
taken place or have occurred since its last application.
(2)
Set forth those changes in performance or maintenance
guarantees required by actual performance or changed conditions.
(3)
Set forth all compliance screening and similar operations
which have been completed during the past year.
(4)
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:
A.
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.
B.
Periodic inspection may be made to evaluate performance
of the applicant with respect to compliance procedures.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
A.
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:
(1)
Fraud or misrepresentation in any application for a permit
or license.
(2)
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.
(3)
A violation of any provision of this Code.
(4)
Conviction of the licensee for any felony or high misdemeanor
or a misdemeanor.
(5)
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.
(6)
Violation of any law, regulation of any government authority
governing the operation of the facility or conduct therein.
B.
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]
C.
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.
D.
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.
