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

Current through Register Vol. 56, No. 14, July 15, 2024
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.