New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 43 - JUNKYARDS ADJACENT TO THE INTERSTATE AND NATIONAL HIGHWAY SYSTEMS
Subchapter 3 - NON-CONFORMING JUNKYARDS
Section 16:43-3.4 - Operation and maintenance of non-conforming junkyards

Universal Citation: NJ Admin Code 16:43-3.4

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

(a) Any non-conforming junkyard unlawfully operated and maintained after July 24, 1970, shall be deemed an illegal junkyard for the purposes of this chapter. The following requirements for the continued operation and maintenance of a non-conforming junkyard shall apply:

1. There must be existing property rights in the junkyard or junk subject to regulation under this chapter.

2. Worthless junk, or junk having no economic or resale value to the owner thereof, shall be removed, relocated, recycled or otherwise disposed of by the owner.

3. The junkyard may not be extended, enlarged or changed in use. A junkyard shall be considered to have been extended if junk is placed in areas not used for the storage of junk as of the date said junkyard became non-conforming. A junkyard shall be considered to have been enlarged if additional property is acquired for the storage or placement of junk subsequent to the date on which said junkyard became non-conforming. A junkyard shall be considered to have been changed in use when, subsequent to the date on which said junkyard becomes non-conforming, its manner of operation is so altered as to significantly increase the amount of junk visible from the main traveled way.

4. After a non-conforming junkyard has been screened, junk shall not be placed so that it may be seen above or beyond the screen or otherwise become visible from the main traveled way. In all cases in which the owner of the junkyard acquires title to the screen, the owner shall be responsible for the maintenance of the screen in accordance with the requirements of subchapter 4 of this chapter.

5. A non-conforming junkyard may continue only so long as it is not abandoned, destroyed, or voluntarily discontinued. A junkyard shall be considered abandoned when the owner thereof has neither bought nor sold junk within the last calendar year. A junkyard shall be considered to have been destroyed when for any reason the junk stored therein has lost all economic or resale value. A junkyard shall be considered to be voluntarily discontinued when the owner thereof ceases the business of buying and selling junk with the intent not to resume such business.

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