[HISTORY: Adopted by the Township Council of the Township of Byram 9-2-2003 by Ord. No. 14-2003. Amendments noted where applicable.]
Editor's Note: This ordinance also provided for the repeal of former Ch. 156, Junk and Junk Dealers, adopted as Sec. 7-8 of the Revised General Ordinances of 1974, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- JUNK MATERIAL
- Rope, wire, copper, brass, tin, lead, used lumber, old bottles, scrap metals, unused motor vehicles or automobile bodies and auto parts, or materials of similar nature which have been discarded by the prior owners other than the person or keeper in possession thereof. Junk material shall not include equipment or materials which are kept, stored or disposed of by the occupant or owner of premises other than a junkyard keeper by reason of their obsolescence in the ordinary course of business or occupancy of the premises or are kept or stored for the use of the owner or occupant other than in the business of buying, selling or storing the same.
- Any lot or part thereof used for the storage, keeping or abandonment of junk materials, or for the further dismantling, demolition or abandonment of automobiles, trucks and/or trailers not currently registered by the State of New Jersey and/or other construction machinery not in operative condition and/or other vehicles, machinery or parts thereof.
- Any individual who, or corporation, association or other entity that, maintains or operates a junkyard and is synonymous with "junkyard keeper," wherever the term may be used herein.
No person shall keep, maintain or operate a junkyard or junkyard with motor vehicle auction in the Township without first obtaining a license therefor. No person to whom a license has been issued by the Township for the operation or maintenance of a junkyard shall allow any other person to operate or maintain the junkyard or any part thereof during the period for which the license issued is in effect, except the employees or agents of the licensee, or contractors for a specific work or project used in the operation of the business or maintenance of the licensed premises.
A person who owns or operates a junkyard in the Township on the effective date of this chapter shall make application (under § 156-3) for a license within 60 days.
The term of a license shall be one year (from January 1 to December 31).
In addition to general requirements, initial applications for a license shall contain the following:
An accurate description by metes and bounds of the premises sought to be licensed.
A statement of the nature of the materials and equipment that the applicant intends to use in the operation of the business and the methods of using and operating the same.
A statement of the procedures to be used to prevent or contain the dripping, escape or release from vehicles of oils, fuel, fluids, chemicals and so forth in order to prevent or at least minimize soil contamination. The applicant must further describe cleanup procedures in the event that soil contamination does occur.
A statement of the distance of the outside boundary of the premises sought to be licensed from the nearest adjoining public road or roads and of the adjoining properties owned by persons other than the applicant.
A map drawn to scale containing the site plan of the premises proposed to be licensed with the remaining property owned by the applicant. The map shall be marked to show the respective courses and distances and the markers or monuments used to identify the corners and boundary of the licensed premises.
A complete copy of any map or site plan submitted to the NJDEP and/or other state, county or local agency with jurisdiction.
The application for license shall be accompanied by an application fee to cover the cost of processing the application, as set from time to time by the Township Council by resolution. The applicant shall pay the Township for review of applications, review and preparation of documents, inspections and other costs in connection with the application. The application must also be accompanied by a $500 deposit for the Township's professional fees. Any remaining balance shall be returned to the applicant within 45 days of issuance or denial of the license.
The application shall be filed at least 15 days prior to the date when the application is to be considered by the Township Council.
An applicant for a license under this section shall cause notice of the application to be published at least once each week for two separate weeks in the Township's official newspaper(s). Said notice shall be published at least 10 and no more than 30 days prior to the date when the application is to be presented to the Township Council, and the applicant shall file due proof of publication with the Township Clerk prior to that date.
The Township Clerk shall present all applications together with the fee and proof of publication to the Township Council at its next regular meeting following receipt of these things by the Clerk. At the meeting, the Township Council may consider the application and investigate it or may set a date for a hearing to be held on the application not later than 30 days from the meeting. At the hearing, objectors to the granting of the license may be heard, as well as the applicant or any other person in support of the application. The license shall be denied or granted, in the discretion of the Township Council, within 15 days following the hearing.
The applicant shall cause markers or monuments of a permanent nature to be placed in the grounds sought to be licensed and shall maintain the same at all times in such manner so that they are ascertainable upon inspection by appropriate officials of the Township.
A license may be renewed for each subsequent year upon application to the Township Clerk for renewal without filing a complete application as required for the original license, provided that:
The application is for renewal and is accompanied with the annual license fee and deposit as set forth in Chapter A287, Fees. Any remaining balance shall be returned to the licensee within 45 days of issuance or denial of the license.
[Amended 2-4-2008 by Ord. No. 2-2008]
No changes have been made in the licensed premises, in the methods of operation or in the equipment or materials used in the business, and an affidavit to that effect is filed. If there has been any change, a complete statement of the changes made and a revised metes and bounds description and/or map shall accompany the application for renewal.
A request to change a waiver (see § 156-6Q) must be specific and state reasons in support thereof.
Notice of the application must be published at least once in the Township's official newspaper(s) at least 10 and not more than 30 days prior to the date when consideration of the renewal application is scheduled and proof of publication is submitted to the Township Clerk prior to the date when the renewal application is considered.
Objections may be submitted to the Township Council by any resident or taxpayer of the Township to the renewal of the license or by the Township Engineer, based upon knowledge and/or information that any law or provision of this chapter has been violated.
Written comments that are submitted in advance must contain specific details regarding all allegations. All objections shall be reviewed by the Township Engineer and municipal personnel and a copy served upon the licensee.
Based upon this review and recommendation, the Township Council may conduct a hearing with at least 10 days' public notice.
A determination and findings of the Township Council with respect to the application shall be made by the Township Council at the next regular Council meeting following the hearing, and notice of the determination shall be submitted in writing to the licensee together with the conclusions of the Township Council.
Except for good cause shown, no renewal application shall be considered by the Township Council or any renewal license issued after the lapse of one month from the termination of any license period unless the lapse is the result of a hearing or other action by the Township Council under this section.
The licensee shall pay the Township for review of applications, review and preparation of documents, inspections and other costs in connection with the application.
Licensed premises shall be operated in the following manner and in accordance with the following standards and regulations:
The licensed premises shall contain a solid fence, trees, shrubbery or other means used to obstruct the view from the public road or adjoining owners.
No part of any licensed premises shall be located nearer than 50 feet from any public road or nearer than 100 feet from any adjoining owner nor within 500 feet of a private residence not owned by the licensee.
No license issued hereunder shall entitle the licensee to operate at, in or an any other lot, building, location or any portion thereof other than that which is specified in the license.
There shall be no burning of materials on any licensed premises.
No materials shall be kept or maintained on the premises which are of such an odorous nature as to affect or be offensive to adjoining property owners or others in the neighborhood.
The licensee shall take all measures to preclude rats or other vermin from the licensed premises.
The business of the licensee shall not be operated in such a manner as to cause noises that are either continuous or so loud, raucous or cacophonous as to be offensive to other owners or persons in the neighborhood.
The licensee shall establish fire protection of a standard recommendation by the National Board of Fire Underwriters.
No processing operations shall be conducted between 5:00 p.m. and 8:00 a.m. the following day Monday through Saturday or at any time on Sundays and holidays.
No licensee shall purchase any goods, articles or other things whatsoever from any person under the age of 16 years.
It shall be unlawful to stack, pile or place junk upon the 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.
It shall be unlawful to stack, pile or place junk upon any licensed premises at a height greater than any fence, trees, shrubbery or other means used to obstruct the view from the public road or adjoining owners, and in no event shall any uncrushed automobile bodies be stacked or piled in any greater manner or height than two levels thereof.
Licensees under this section shall at all times be subject to such reasonable rules as may be made from time to time by the Township Council.
The licensee shall place signs meeting all Township requirements discouraging the depositing of junk or abandoned vehicles at the gates or entrance to any licensed premises during Sundays and holidays or at other hours that the junkyard is not open.
The licensee shall immediately remove any junk vehicles or other materials left or deposited outside the designated junkyard areas regardless of the means or source by which the vehicles or materials were deposited.
The Township Engineer shall inspect the licensed premises annually.
For good cause shown, the Council may grant a waiver or partial waiver of any of the foregoing regulations. Once granted, a waiver remains in effect unless the licensee requests to change it.
All junkyard keepers shall keep records which shall be available upon the request of the Chief of Police or other law enforcement officer of all motor vehicle component parts as defined by N.J.S.A. 39:10B-1 et seq., as amended from time to time.
The licensed premises shall also be open to inspection during normal business hours or at any time the premises are open to the public by the licensee or whenever employees, servants or agents of the licensee are present and conducting license activities upon the property. The Zoning Officer and Chief of Police shall inspect each licensed premises at least once a year and file a report of such inspection with the Township Clerk.
Failure of the licensee to comply with the license provisions under § 156-6, or a conviction, fine or imprisonment for a violation of N.J.S.A. 39:10B-1 et seq., or a violation or violations of any other terms and conditions of this chapter or of the special terms of the license so issued shall be a basis for revocation or suspension of the junkyard or junkyard with motor vehicle auction license. The licensee shall pay the Township's costs, including attorneys' fees and experts' reports, of any proceeding in which a suspension or revocation results.