[HISTORY: Adopted by the Township Committee
of the Township of Mullica 7-11-1973. Amendments noted where applicable.]
All junkyards as defined in this chapter are
hereby prohibited in every and any zoning district in the Township
of Mullica.
[Amended 12-10-2002 by Ord. No. 16-2002]
All junkyards, which were legally and properly
in operation as of July 11, 1973, will be considered preexisting,
nonconforming uses. All other junkyards shall be prohibited. All such
preexisting, nonconforming junkyards must comply with each and every
statute, regulation and ordinance in effect, including but not limited
to all provision of the Municipal Land Use Ordinance of the Township
of Mullica.[1]
[Amended 12-10-2002 by Ord. No. 16-2002]
For the purpose of this chapter, the terms used
herein shall have the following definitions:
Any establishment or place of business which is maintained,
used or operated for storing, keeping, buying or selling wrecked,
scraped, ruined or dismantled motor vehicles or motor vehicle parts.
Old or scrap copper, brass, rope, batteries or junked, dismantled
or wrecked automobiles, or parts thereof, iron, steel and other old
or scrap ferrous material.
An establishment or place of business which is maintained,
operated or used for storing, keeping, buying or selling junk. Junkyards
shall include automobile graveyards. A junkyard and an automobile
graveyard specifically will not be permitted to sell new or used vehicles
of any nature intended to be used for operation and/or transport.
The person who is actually responsible for the operation
and management of a junkyard.
The person who is the actual owner, pursuant to a deed of
record, of the land where a junkyard is situated.
Any individual, partnership, corporation, limited liability
company, or other entity or business entity of any nature.
[Amended 12-10-2002 by Ord. No. 16-2002]
A.
The owner of every junkyard operating within the Township
of Mullica must receive an annual license for the same. The owner
of said junkyard must conform with any and all application requirements
as well as be in compliance with all statutes, regulations and ordinances
of the United States government, State of New Jersey, County of Atlantic
and Township of Mullica.
B.
Every applicant for a junkyard license shall file
with the Township Clerk a written application signed by the applicant
and the owner, if not the same person or entity, of the premises upon
which the junkyard is located. Said application shall contain the
following:
(1)
The name and address of the owner and operator and
if either of these entitles are a firm, partnership, cooperation,
limited liability company, or other business entity, the names and
addresses of the officers, all shareholders owning in excess of 10%
of corporate stock, any partners, members, and the registered agent
thereof.
[Amended 8-10-2004 by Ord. No. 13-2004]
(2)
The length of time that the applicant or owner has
used the premises outlined in Subsection B3 below as a junkyard.
(3)
The legal description of the premises to be used as
a junkyard, including a metes and bounds description of the lands
constituting the premises, together with a description of any buildings
or other improvements thereon, the activity that will occur at the
junkyard, and a sketch or diagram of the land and structures used
in the junkyard operation which is to be licensed.
(4)
A description of the type and size of any and all
buildings to be located at the junkyard.
(5)
A description of all materials to be purchased, sold
or stored at the junkyard.
(6)
A plan or survey of the junkyard premises showing
existing and proposed entrances or entranceways to the junkyard and
the names and addresses of all owners of real estate within a radius
of 500 feet of the outer most boundaries of said junkyard.
(7)
The amount, by weight, of metal of any type or source
which was located at the junkyard and was disposed of by sale, or
otherwise, in either its original or compacted condition.
(8)
A fire control plan, which must be approved by the
local fire official.
(9)
All receipts from the previous year documenting the
number of tires transferred to an end-market, recycling center approved
by the State of New Jersey or a tire facility exempted from the requirement
of N.J.A.C. 7:26-1 et. seq.
(10)
A copy of the certification submitted to the New Jersey
Department of Environmental Protection pursuant to N.J.A.C. 7:26-1.4.
(11)
The number of employees to be employed at the junkyard
and proof of workers' compensation insurance covering said employees.
[Added 8-10-2004 by Ord. No. 13-2004]
C.
The applicant shall submit at the time of filing of
the application a certified check for the license fee in the amount
of $500.
[Amended 8-10-2004 by Ord. No. 13-2004]
D.
The Township Clerk shall present any application which
is deemed to be complete to the Township Committee at the next regularly
scheduled Township meeting which would allow the Clerk reasonable
time to process and prepare said application for submission.
E.
If the applicant is not the owner of the site where
the junkyard is to be conducted, the owner's consent to the operation
of a junkyard as described in the application as evidenced in a writing
signed by the owner shall accompany the application.
F.
Any license granted by the Township Committee pursuant
to this chapter shall expire on the 31st day of December of the year
in which the license was granted. Thereafter, the license may be renewed
for a one-year period commencing January 1 by submitting the application
therefor to the Clerk of the Township of Mullica no later than the
first day of December of the previous year and depositing with the
Township Clerk a certified check in the amount of $100 as payment
of the annual license fee.
G.
Each license holder shall post his license in a conspicuous
place on the licensed premises.
H.
The failure or refusal of any applicant to submit
a complete application with all documentation and fees required by
this chapter shall be cause for denial of the license for the year
submitted.
I.
No junkyard application will be considered and no
license issued unless proof of payment of any and all taxes which
are due as of the time of the submission of said license has been
submitted with said application.
All junkyards which are lawfully in the Township
of Mullica shall comply with the following regulations:
A.
It shall be unlawful to stack, pile or place motor
vehicles, parts of motor vehicles or any other junk or materials upon
such premises in such a manner as to create a place for the harboring
or breeding of mice, rats or other vermin or to stack, pile or place
junk above the height of the boundary fence surrounding the premises.
B.
All junkyards shall be completely obstructed from
the view of every and all adjoining landowners and from any and every
public street. Unless a junkyard is so located whereby there is such
natural environmental obstruction that obstructs the view of said
junkyard from all and every adjoining landowner and every and all
public streets, every junkyard and places where junk is stored shall
be enclosed completely on all sides by a fence at least eight feet
high and of a type and construction as shall be approved by the Zoning
Officer of the Township of Mullica. There shall be no advertisement
allowed or any description or writing on said fence, except the name
of the business, if any, and said writing shall not exceed the area
of six square feet.
[Amended 4-9-1985 by Ord. No. 7-85; 12-13-1988 by Ord. No. 13-88]
C.
All burning is hereby prohibited.
D.
No junk or rubbish or salvage of any type shall be
maintained outside the enclosure surrounding any junkyard, nor outside
of any junkshop.
E.
It shall be unlawful to operate said premises between
the hours of 7:00 p.m. and 7:00 a.m. from Monday to Friday and from
3:00 p.m. Saturday until 7:00 a.m. Monday.
[Amended 5-8-2007 by Ord. No. 8-2007]
F.
No license issued pursuant to the terms of this chapter shall entitle any licensee or anyone else to operate under said license at, in or on any lot, building, dwelling or location or any part thereof other than that specified in the license. No license shall be assignable or transferable to any other person or party whatsoever or to any other lands or premises other than those previously approved as junkyards and existing as such by valid licensing previously. The only transfer allowed shall be a person-to-person transfer, upon application made to the Township Council of the Township of Mullica of an existing validly licensed junkyard. The application shall contain the names and addresses of all parties to the transfer applied for, in accordance with all terms of this chapter, and shall be accompanied by a certified check payable to the Township of Mullica in the amount of $100. Any license permitted to be transferred by the Township Council of the Township of Mullica shall expire on the 31st day of December of the year in which the transfer is made. Thereafter, the license may be renewed for a one-year period in accordance with the terms of § 140-4 of this chapter.
[Amended 3-22-1983 by Ord. No. 3-83]
G.
No materials of an explosive nature shall be maintained
or demolished on any premises.
H.
No materials shall be kept or maintained on any said
premises, lands or locations which shall be of such odorous nature
as to be offensive to adjoining landowners and property owners or
other inhabitants in the area of the licensed premises.
I.
The licensee shall maintain sufficient fire extinguishers
on the licensed premises at all times and shall also establish fire
protection according to standards recommended by the Uniform Fire
Safety Code for such premises. Each junkyard shall be subject to
an annual inspection by an appropriate member or members of the Mullica
Township Fire Department and must comply with any conditions, recommendations,
or orders issued thereby.
[Amended 12-13-1988 by Ord. No. 13-88; 8-10-2004 by Ord. No. 13-2004]
J.
No part of any junkyard or junkshop shall be located
within 200 feet from any private residence not owned by the applicant
or from any church or school.
K.
All junkyards must operate in compliance with all
relevant county, state and federal environmental regulations.
[Added 12-13-1988 by Ord. No. 13-88]
L.
All rimless tires shall be stored under appropriate
cover so as to prevent the accumulation of rainwater in and about
said tires. The purpose of this subsection is to advance the aesthetic
quality of any junkyard establishment and prevent the breeding and
congregation of mosquitoes. All junkyards shall take all steps to
insure that no mosquito colony formation or development is allowed
to occur and must comply with all applicable state and local regulations.
The configuration of junk at any junkyard shall be arranged so as
to prevent the collecting and/or the retaining and/or the stagnation
of water of any kind including rainwater.
[Added 12-10-2002 by Ord. No. 16-2002]
M.
All cars being dismantled or stacked must have the
gasoline tanks removed.
[Added 12-10-2002 by Ord. No. 16-2002]
N.
There shall be a limit of tires, whether rimless or
otherwise, which are stored at any junkyard, and said limit shall
not exceed five tires per vehicle which is stored at said junkyard,
with said tires being located on or in said vehicle. In addition to
the five tires contained on or in any vehicle, each junkyard shall
be permitted to have an additional 50 tires not located on or in any
vehicle.
[Added 12-10-2002 by Ord. No. 16-2002]
O.
There shall be at least eight feet of open accessible
space between any rows of vehicles which are stacked at any junkyard.
[Added 12-10-2002 by Ord. No. 16-2002]
A.
The Township of Mullica, by issuing said license,
reserves unto itself the right to refuse the renewal of any existing
license upon a finding by the Zoning Officer that the operation of
said junkyard at the premises used for said purpose is detrimental
to the health, safety and general welfare of the public. The granting
of a license under this chapter shall not be construed for any purpose
as permission to the licensee to maintain any condition which would
constitute a public or private nuisance or maintain any condition
which would violate the regulations propounded in this chapter. Should
the Township determine on the hearing of the application for renewal
of the existing license that there is probable cause for refusing
to renew said license, the Township Clerk is to immediately notify
the applicant that the Township of Mullica will hold a hearing on
whether or not said license should be renewed. Such notification should
inform the applicant of the time and date and the place of the hearing,
which hearing shall be held within not less than 10 nor more than
20 days from the date of service of said notice. The applicant shall
then have an opportunity to be heard on the issue of whether or not
said license should be renewed. The Township Clerk shall also notify
all property owners within 500 feet of the subject junkyard of the
time and sent by certified mail, return receipt requested.
[Amended 12-13-1988 by Ord. No. 13-88]
B.
The Township Council may authorize a temporary permit
for such licensee until the hearing has been completed and a determination
made so that the business of a licensee may not be suspended or interfered
with unreasonably by filing of any written objections.
A.
The Township Council may revoke any license granted
at any time during the period for which the license was issued on
the Township Council's own action or upon a recommendation of the
Zoning Officer or on the objection of any taxpayer or inhabitant of
the Township of Mullica upon any violation of the provisions of this
chapter, after a hearing provided to the licensee following complaint
in writing and at least 10 days' notice to the licensee setting forth
the grounds of complaint.
[Amended 12-13-1988 by Ord. No. 13-88]
B.
The licensed premises shall be open to inspection
by the Zoning Officer of the Township of Mullica and the Atlantic
County Board of Health at any reasonable time of day or night.
[Amended 4-9-1985 by Ord. No. 7-85; 12-13-1988 by Ord. No. 13-88]
C.
In the event that any license shall be revoked for
good cause shown or terminated voluntarily by the licensee, there
shall be no refund of any portion of the license fee.
D.
In the event that any license shall be revoked, surrendered
or otherwise terminated, the same shall be evidence of the abandonment
of a junkyard use and no further license shall be issued for said
junkyard premises without proper zoning variances and other approvals
being acquired for the same.
[Added 12-10-2002 by Ord. No. 16-2002]
A.
Any person or corporation violating or refusing or
neglecting to comply with any of the provisions of this chapter shall,
upon conviction, be subject to a fine not exceeding $1,250 or 90 days'
community service or imprisonment in the county jail not exceeding
90 days, or any or all of the above at the discretion of the Judge.
[Amended 12-13-1988 by Ord. No. 13-88; 12-10-2002 by Ord. No. 16-2002]
B.
Every day in which said person or corporation violates
the provisions of this chapter shall be deemed a separate offense.
C.
A continuance of a violation or a noncompliance with
the provisions of this chapter shall be deemed a nuisance, and the
Township Council shall have the right to apply to the courts of this
state for injunctive relief or other relief in addition to the penalties
prescribed herein.
[Amended 4-9-1985 by Ord. No. 7-85; 12-13-1988 by Ord. No. 13-88]
All licensed premises shall be at all times
subject to such rules and regulations as may hereafter be made by
the Township Council of the Township of Mullica and shall be subject
to inspection by the Zoning Officer and the Atlantic County Board
of Health or any of their agents. The Zoning Officer of the Township
of Mullica and the Atlantic County Board of Health shall have the
responsibility of administering this chapter and making all complaints
under said ordinance.
There shall be no refund to a licensee of any
of the license fees upon either the surrender or the revocation of
a license granted hereunder.
All penalties imposed under this chapter for violations thereof shall be independent of one another, and the Township of Mullica shall have the option of whether to prosecute a violation in the Township Municipal Court of the Township of Mullica under § 140-8 of this chapter or whether to move for revocation of the licensee's license if he has such under § 140-7, or both. The invoking of sanctions under § 140-7 or criminal penalties under § 140-8 shall not be a bar to a subsequent proceeding under either section.
