[HISTORY: Adopted by the Township Council
of the Township of Byram 9-2-2003 by Ord. No. 14-2003.[1] Amendments noted where applicable.]
[1]
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:
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.
A.
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.
B.
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.
C.
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:
A.
An accurate description by metes and bounds of the
premises sought to be licensed.
B.
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.
C.
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.
D.
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.
E.
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.
F.
A complete copy of any map or site plan submitted
to the NJDEP and/or other state, county or local agency with jurisdiction.
G.
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.
H.
The application shall be filed at least 15 days prior
to the date when the application is to be considered by the Township
Council.
I.
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.
J.
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:
A.
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]
B.
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.
C.
A request to change a waiver (see § 156-6Q) must be specific and state reasons in support thereof.
D.
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.
E.
Objections.
(1)
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.
(2)
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.
(3)
Based upon this review and recommendation, the Township
Council may conduct a hearing with at least 10 days' public notice.
(4)
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.
(5)
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.
(6)
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:
A.
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.
B.
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.
C.
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.
D.
There shall be no burning of materials on any licensed
premises.
E.
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.
F.
The licensee shall take all measures to preclude rats
or other vermin from the licensed premises.
G.
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.
H.
The licensee shall establish fire protection of a
standard recommendation by the National Board of Fire Underwriters.
I.
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.
J.
No licensee shall purchase any goods, articles or
other things whatsoever from any person under the age of 16 years.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
The Township Engineer shall inspect the licensed premises
annually.
Q.
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.
A.
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.
B.
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.
