New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS
Subchapter 1 - GENERAL PROVISIONS
Section 16:43-1.3 - Definitions
The following words and terms when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Automobile graveyard" means any establishment or place of business which is maintained, used, or operated, for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. Ten or more such vehicles will constitute an automobile graveyard.
"Commissioner" means the Commissioner of Transportation of the State of New Jersey.
"Department" means the Department of Transportation of the State of New Jersey.
"Industrial activities" means those permitted only in industrial zones, or in less restricted zones by the nearest zoning authority within the State, or prohibited by said authority but generally recognized as industrial by other zoning authorities within the State, except that none of the following shall be considered industrial activities:
1. Outdoor advertising structures;
2. Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands;
3. Activities normally and regularly in operation less than three months of the year;
4. Transient or temporary activities;
5. Activities not visible from the traffic lanes of the main traveled way;
6. Activities more than 500 feet from the nearest edge of the main traveled way;
7. Activities conducted in building principally used as a residence;
8. Railroad tracks, minor sidings, and passenger depots;
9. Junkyards, as defined in Section 136, Title 23, United States Code.
"Illegal junkyard" means a junkyard which is established in violation of the Junkyard Control Act, 27:5E-1 et seq.
"Interstate system" means that portion of the National System of Interstate and Defense Highways located within this State, as officially designated, or as may hereafter be so designated, by the Commissioner of Transportation, and approved by the Secretary of Transportation, pursuant to the provisions of Title 23 of the United States Code.
"Junk" means old or scrap metal, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof.
"Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
"Main-traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.
"National system" means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the Commissioner of Transportation, and approved by the United States Secretary of Transportation, pursuant to the provisions of Title 23 of the United States Code.
"Nonconforming junkyard" means a junkyard which does not comply with 27:5E-4 and which was either:
1. In actual existence on July 24, 1970, as distinguished from a contemplated use, except where a permit or similar specific governmental action was granted for the establishment of the junkyard prior to July 24, 1970, and the junkyard owner in good faith expended funds in reliance thereon, or
2. Lawfully established after July 24, 1970, but later failing to comply with 27:5E-1 et seq. because of the construction, widening or relocation of national or interstate highways or other changed conditions not within the junkyard owner's control, including revisions in the applicable zoning ordinances.
"Sanitary fill" means a land disposal site employing an engineered method of disposal of solid waste in a manner that is intended to minimize environmental hazards, including, but not limited to the spreading of the solid waste in thin layers, compacting the waste to the smallest practical volume, and applying cover material at the conclusion of each day's operation or at such more frequent intervals as may be necessary.
"Unzoned industrial area" means the land occupied by the regularly used building, parking lot, storage or processing area of an industrial activity, and that land within 750 feet thereof which is:
1. Located on the same side of the highway as the principal part of said activity;
2. Not predominantly used for residential or commercial purposes; and
3. Not zoned by State or local law, regulation or ordinance.
"Zoned industrial areas" means those districts established by zoning authorities as being most appropriate for manufacturing or heavy industry, regardless of how labeled. The Commissioner of Transportation shall determine whether a local zoning classification in effect establishes a zoned industrial area for the purposes of this chapter, and such determination shall be based upon the compatibility of unscreened junkyards with the land uses permitted under the local zoning classification.
