[HISTORY: Adopted by the Board of Supervisors
of the Township of Conewago 6-2-1997 by Ord. No. 1997-I. Amendments noted where
applicable.]
This chapter shall be known as the "Conewago
Township Junk Dealer, Junkyard and Scrap Yard Ordinance of 1997."
Except where otherwise indicated by context,
the following definitions shall apply in the interpretation and enforcement
of this chapter:
The Supervisors of Conewago Township, Adams County, Pennsylvania.
Scrap, copper, brass, rope, rags, batteries, paper, trash,
rubber debris, waste, iron, steel, glass and other old or scrap ferrous
or nonferrous material, including wrecked, ruined, dismantled, abandoned,
nonoperable, disabled or junked motor vehicles or parts thereof, including
fluids drained therefrom, or motor vehicles no longer used as such
and otherwise meeting the terms of this definition.
Another name for a licensee.
Any motor-driven vehicle, regardless of size, which is incapable
of being self-propelled or is unable to move under its own power upon
the public streets of the Township or is incapable of being utilized
for its intended purpose; also included in this definition is any
trailer, semitrailer or any other article which would be classified
as a vehicle under the Vehicle Code of Pennsylvania.[1] The term "junked motor vehicle" shall include any disabled,
abandoned, nonoperable, nonregistered, wrecked, ruined or dismantled
motor vehicle.
Yard, lot or place, covered or uncovered, outdoors or in
an enclosed building, containing junk, as defined herein, upon which
principally occurs one or more acts of buying, keeping, dismantling,
processing, recycling, salvaging, selling or offering for sale any
such junk, in whole units or by parts for a business or commercial
purpose, or for the storage of four or more junked motor vehicles
outside of any building or enclosure, but shall not include a transfer
station licensed or permitted by the Commonwealth of Pennsylvania.
Any person holding a valid, current license issued pursuant
to this chapter or any predecessor ordinance in the municipality.
The Township of Conewago, Adams County, Pennsylvania.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind or any officer, principal, agent
or employee thereof.
Approval of the application by the Supervisors which permits
the applicant to develop his yard as per the requirements of this
chapter. Preliminary approval does not permit the applicant to operate
the junkyard or accumulate junk in the approved location.
Another name for junkyard.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
A.
License required. No person shall establish, operate
or maintain or permit to be established, operated or maintained upon
any property owned or controlled by him a junkyard within the limits
of the Township without having first secured a license from the Township.
Such license shall be issued by the Township or its representative,
in accordance with this chapter.
B.
Licensee with multiple locations. Any licensee establishing,
operating or maintaining a junkyard at more than one location shall
be required to have in effect a separate license for each such location.
C.
Licensing period; renewal; posting. Each license issued
pursuant to this chapter shall be valid for a period of not more than
one year from the date of its issuance. Each such license shall be
subject to annual renewal, provided that applicable fees, fines and
penalties have been paid, and provided that the junkyard continues
to be operated and maintained in accordance with the provisions of
this chapter. A current license shall be conspicuously displayed or
posted upon the licensed junkyard at all times.
A.
Every person seeking a license under this chapter
shall make written application to the Township on a form to be provided
by the Township.
B.
The application shall include the following information:
(1)
The name and address of the applicant, if the applicant
is a natural person; but if the applicant is another entity, the names
and address of all officers, directors, partners or natural persons
having primary responsibility for the lawful day-to-day operation
of the junkyard or scrap yard.
(2)
The names and addresses of the owner or owners of
the land upon which the junkyard is to be laid out.
(3)
Written consent of the owner or owners of the property,
if different from applicant.
(4)
A metes and bounds survey of the property showing the location of the property, together with a deed reference to the property, containing a layout of the proposed junkyard and showing sufficient detail to establish compliance with this chapter and Chapter 135, Subdivision and Land Development, of the Code of the Township of Conewago and all other applicable ordinances, laws and regulations. A junkyard or scrap yard shall have a minimum of 10 acres and a maximum of 20 acres and shall front on a public road or have access to a public road by a right-of-way of at least 20 feet in width. Where a proposed junkyard fronts on or has access to a state highway, a commercial highway occupancy permit must be obtained from the Pennsylvania Department of Transportation.
(5)
Plans and specifications for all fencing, water facilities,
screening, access driveways, sewage disposal system and stormwater
management.
(6)
Any other information, in any format and in as many
copies as the Township may from time to time require.
Any person wanting to establish, operate or
maintain a junkyard within the Township must seek a preliminary approval
of an application by submitting an initial application and application
fee after which:
A.
The Board of Supervisors shall review the application
and plans for completeness and for compliance with this chapter, other
Township ordinances and regulations and any state or federal laws
or regulations.
B.
The Board of Supervisors or others, at its direction,
shall inspect the site, taking into consideration the suitability
of the property proposed to be used for the purposes of the license,
the character of the properties located nearby and the effect of the
proposed use upon the municipality, with specific reference to the
general health, safety and welfare of the public and the residents
of the Township.
C.
The Board of Supervisors, in its sole discretion,
may hold a public hearing on the application.
D.
The Board of Supervisors may impose, in addition to
the general requirements set forth in this chapter, such other terms
and conditions as it may deem necessary to carry out the spirit and
intent of this chapter and to effect the protection of the general
health, safety and welfare of the public and the residents of the
Township.
E.
After completion of the above items and the determination
by the Board of Supervisors that the applicant's plans and representations
comply with this chapter and all other applicable ordinances, laws,
rules and regulations, the Supervisors shall issue, in writing, a
preliminary approval of the site.
F.
Preliminary approval shall be in writing and shall
contain a statement that the application and plan as submitted are
acceptable to the Board of Supervisors without modification. If the
application is not approved as submitted, the applicant shall be provided
with a list of other terms, conditions and requirements which must
be met before final approval.
G.
Preliminary approval shall commit the Township to
issue a license, pursuant to this chapter, only after the site is,
in fact, in complete compliance with the terms of the preliminary
approval and the requirements of this chapter.
H.
No junkyard, scrap yard or junk dealer shall conduct
business on the site until a license is issued.
I.
It shall be solely the obligation of the applicant
to communicate to the Township, within six months of preliminary approval,
that the site fully complies with this chapter and any terms, conditions
and requirements of the preliminary approval and that the site is
ready for inspection.
J.
Preliminary approval shall be valid for not more than
six months, unless notice has been provided that the site is in compliance
within the six-month period but the Supervisors have not yet inspected
the premises, in which case the time period is extended to permit
inspection. If the site is not in full compliance with this chapter
and all other terms, conditions and requirements of the preliminary
approval have not been met within the mandatory time frame, the application
shall be deemed void and of no effect.
After a license has been issued for a junkyard,
in order to continue the operation and maintenance of such junkyard,
the licensee shall be required to apply for license renewal on a form
to be provided by the Township. Such application for renewal shall
be filed with the Township within such time as to allow the Township
an opportunity for on-site inspection of the junkyard prior to the
date on which the license must be renewed; but in no event shall such
application be filed fewer than 60 days before the expiration of the
current license. The Board of Supervisors shall, from time to time,
establish rules and regulations governing the application for and
issuance of renewal licenses.
The following general requirements shall apply
to all junkyards licensed in accordance with the provisions of this
chapter:
A.
Such premises shall at all times be maintained so
as not to constitute a nuisance or menace to the health, safety or
welfare of the community and maintained so as not to provide a breeding
place for rodents, vermin, insects or other vectors of disease.
B.
No garbage or other organic waste shall be stored
in open containers on premises.
C.
All junk shall be stored and arranged so as not to
interfere with natural drainage of the land and shall be so stored
and arranged as to prevent the accumulation of stagnant water and
to facilitate access for fire-fighting purposes. All junk must be
spaced in rows with at least 20 feet between them. Rows shall not
exceed 20 feet in width.
D.
Maintenance shall be such that any adjacent stream
or body of water shall not be polluted or damaged by the drainage
or dumping of organize or inorganic waste materials or waste substance.
E.
Junk shall be stored in piles within the enclosed
area not exceeding eight feet in height within 50 feet of screening
or fencing line. Junk shall be permitted to be piled not exceeding
12 feet in height in the remaining area of the junkyard. Junk shall
be arranged so as to permit easy access to all such junk for fire-fighting
purposes.
F.
No combustible material of any kind not directly incidental
to the operation of the business shall be kept on the premises, nor
shall any condition be allowed to exist that will create a fire hazard.
G.
No oil, grease, tires, gasoline, tar, petroleum products,
shingles or other similar material or junk shall be burned within
a junkyard at any time.
H.
The licensee shall permit inspection of the business
premises by the municipality or its appointed representative at any
reasonable time or at any time in case of emergency.
I.
All oil, antifreeze, gasoline, transmission fluid
and other vehicular fluids shall be drained from all vehicles before
such vehicles are stored as scrap in the junkyard; and all such fluids
shall be properly containerized, stored, transported and disposed
of in the manner or manners prescribed by or consistent with regulations
promulgated by the Pennsylvania Department of Environmental Protection
in Title 25, Chapter 75, of the Pennsylvania Code, relating to solid
waste management, and in regulations promulgated by the United States
Environmental Protection Agency at 40 CFR, Subchapter 1, Parts 240
to 280, relating to solid waste, or any other applicable laws or regulations
pertaining to solid waste or solid waste management in effect at the
date of adoption of this chapter or any new or amended regulations
issued under such authority.
J.
All spare tires not being used for a useful purpose
must be covered by a tarpaulin and not left exposed to the weather
or enclosed within a structure.
K.
Junkyards shall be no less than five acres in size,
including land reserved for setbacks, nor more than 20 acres, including
land reserved for setbacks, and shall be no closer than 1,000 feet
from the property line of any other junkyard. No junkyard shall be
located in any floodplain or wetland as defined in federal wetlands
regulations or in other environmentally sensitive areas.
A.
The area used for a junkyard shall be completely enclosed
with a solid board or metal fence or a mound of ground, with a minimum
height of 10 feet; or by a screen of trees; or by a combination of
the above, as approved by the Board of Supervisors. All fences and
screening shall be of sufficient height to screen the junkyard from
view of adjacent properties and highways and to prevent removal of
junk or vehicles through the screen. All fences and screening proposed
must be approved by the Board of Supervisors, which may approve such
fencing or screening as may be deemed necessary in view of natural
contours, features and requirements. Tree screening utilized shall
follow the following guidelines:
(1)
A minimum of two rows of trees, shrubs or other vegetation,
not less than fifty-percent evergreen materials, shall be planted
to produce the effective visual barricade.
(2)
At least two different species of trees, shrubs or
other vegetation shall be utilized. Selected species shall exhibit
different tolerances to insect disease.
(3)
Species selected must be capable of producing the
effective visual barrier, 10 feet in height, within five years of
planting.
(4)
Prompt replacement of any dead species shall be required.
During the growing season, dead species must be replaced within 30
days. In no event shall dead vegetation be replanted later than May
1 of the next growing season.
B.
Setback.
(1)
The required fencing and screening shall be set back
the following minimum distance from the property line or street:
(2)
The area between the property line or street right-of-way
and the fence or tree screening shall be kept clean and free of all
debris except for ornamental or plantings meeting the above-recited
screening requirements.
C.
All entrances and exits into and from the salvage yard shall have gates which shall be closed and locked when the yard is not in operation. All entrances must meet the site distance requirements of the Department of Transportation and Chapter 135, Subdivision and Land Development, of the Code of the Township of Conewago.
D.
Sufficient on-site parking will be provided for loading
and unloading vehicles as well as for employee and customer parking.
E.
It shall be the responsibility of the junkyard owner
or operator to maintain the screening established by it, doing such
painting and repairs as to keep any fences, walls or other structural
material in good appearance. Plant material shall be watered, pruned,
cultivated and mulched, treated for insect and disease control and
given any required maintenance to keep all plants in healthy condition.
Replacement plants shall be at least as large as the initial plants
and of the same species and quality, unless approval for substitution
is received from the Township.
F.
Failure to maintain screening shall result in the
revocation of the junkyard license.
Existing junkyards are subject to all provisions
of this chapter. However, persons operating a junkyard shall have
60 days to apply for a license from the date of enactment on this
chapter. Furthermore, upon written request accompanying the application
for a license filed by a person operating a preexisting junkyard,
the Supervisors may waive any provision of this chapter which imposes
an undue hardship on the applicant because of the peculiar nature
of the junkyard or its configuration if such waiver will not negatively
effect the public health, safety and welfare. The burden of proof
shall be on the person seeking a waiver of these provisions. Any person
wishing to extend or enlarge the area of an existing junkyard shall
make application for new license in accordance with the provisions
of this chapter and will be required to comply with all provisions
of this chapter as if he were applying for a license for a new junkyard.
No license issued under this chapter shall be
assigned or transferred to any other person without the express written
authorization of the Township Supervisors. Any person wishing to transfer
or assign such license shall make a written request to do so, directed
to the Board of Supervisors and setting forth the name and address
of the transferee and the date the transfer is expected to be effective.
Such written request shall be submitted together with a transfer fee,
the amount of which shall, from time to time, be determined by the
Board of Supervisors; and such transfer fee shall not be returned,
whether or not the transfer or assignment of the license is authorized.
Such written request must be submitted at least 60 days prior to the
date the transfer is expected to be effective.
The Board of Supervisors shall suspend any license
issued hereunder upon failure of any licensee to comply with or to
maintain compliance with or for violation of any provision, standard
or requirement of this chapter. The Township shall notify the licensee,
in writing, of any section or sections of this chapter which the Township
or its representative believes to have been violated. Any notice provided
for herein may also identify a reasonable period of time within which
the licensee may effect compliance without prosecution. Any notice
provided for in this section may be served personally upon the licensee;
or may be posted conspicuously upon the property for which the license
has been granted; or may be posted conspicuously at the address of
the licensee as shown on the application; or may be sent to the licensee
by certified or registered mail to the address shown on the application.
Application fees, renewal fees, transfer fees
and any other fees shall be established, from time to time, by resolution
of the Board of Supervisors. The initial fee shall for each application
and inspection and the fee for any renewal or transfer application
shall be as set from time to time by resolution of the Board of Supervisors.
All fees are due at the time of application.
The Board of Supervisors may, from time to time
review or alter the rules and regulations, the application form, renewal
application form and any other forms reasonable and necessary to the
proper and effective administration of this chapter.
A.
It shall be unlawful for any person to violate any
of the provisions of this chapter.
B.
It shall further unlawful for any person to establish,
operate or maintain a junkyard, scrap yard or junk dealership after
a preliminary approval has been granted but before a license has been
issued. It shall be unlawful for any person to misrepresent material
facts in any application or renewal application submitted under this
chapter. It shall be unlawful for any applicant or licensee to fail
to notify the Township if said license is ever cited by county, state
or federal authorities for alleged violations of law, rules and regulations
relating to the operation of junkyards.
The Supervisors or any one of them or any representative
duly authorized by the Board of Supervisors shall be permitted to
enter and inspect the premises of any licensee or any applicant for
preliminary approval at any reasonable time and with no notice.
A.
Any violation of this chapter or failure to comply
with any provision or provisions of this chapter shall constitute
a summary offense. Any person, partnership or corporation who or which
shall violate any of the provisions of this chapter shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
more than $1,000 and imprisonment for not more than 90 days. Each
day that a violation of this chapter exists shall constitute a separate
offense. All fines collected for the violation of provisions of this
chapter shall be distributed according to law.
B.
If for any reason it is determined that this chapter
is enforceable through civil enforcement under the Pennsylvania Second
Class Township Code, 53 P.S. § 66601(c.1)(1), the civil
penalty for each violation shall not exceed $600 per violation. In
any case where a penalty has not been timely paid after assessment,
civil enforcement action may be brought before a Magisterial District
Judge who shall impose a civil penalty not to exceed $600 per violation,
together with court costs, an additional civil penalty not to exceed
$600 per day for each day that the violation continued beyond the
date set to eliminate the violation in the initial notice of violation
and attorneys' fees incurred by the Township in the enforcement proceedings.
The Board of Supervisors may, in its sole discretion,
waiver a provision or requirement of this chapter under exceptional
circumstances, upon written application, but only where the waiver
will not negatively effect the health, welfare and safety of the community
and will not effect the overall regulation of junkyards as set forth
in this chapter in any material way.
