New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS
Subchapter 3 - NON-CONFORMING JUNKYARDS
Section 16:43-3.1 - Screening and removal of non-conforming junkyards

Universal Citation: NJ Admin Code 16:43-3.1

Current through Register Vol. 56, No. 24, December 18, 2024

(a) Any junkyard which is determined by the Commissioner to be a nonconforming junkyard under these regulations shall, within a reasonable time from the date said junkyard becomes nonconforming, be screened by the Department in accordance with N.J.A.C. 16:43-4, unless the Commissioner determines that such screening is not feasible.

(b) In all cases in which the screening of a non-conforming junkyard is found to be unfeasible, the Department shall relocate, remove, or dispose of said junkyard.

(c) Situations in which screening of a non-conforming junkyard may be considered unfeasible and in which junk should be removed for disposal or recycling shall include:

1. Junkyards which will be terminated within a five-year period, including junkyards subject to termination clauses in local zoning ordinances, junkyards located in a proposed improvement project, and junkyard operations which the owner intends to abandon.

2. Junkyards which the Commissioner determines may present a hazard to public health or safety.

3. Junkyards for which the Commissioner determines that the benefits of removal far outweigh the benefits of screening, taking into account existing land uses in the area, traffic conditions, aesthetics and community preferences.

4. Junkyards for which adequate screening cannot be accomplished due to the topography of the surrounding land, or for which adequate screening would necessarily obstruct a scenic vista or significant landmark.

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