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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