[HISTORY: Adopted by the Board of Supervisors
of the Township of Greene 6-12-2001 by Ord. No. 2001-2.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 55,
Junk and Junkyards, adopted 6-2-1970 by Ord. No. 2-1970, as amended.
This chapter shall be known and may be cited
as "Greene Township Junkyard and Recycling Facility Ordinance."
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meanings herein indicated:
The Board of Supervisors of Greene Township.
Any and all forms of waste, scrap, discarded material or
articles or parts thereof and shall include, but not be limited to,
scrap metal, scrapped, abandoned or junked motor vehicles, machinery,
equipment, paper, glass, containers, and structures. It shall not
include organic or putrescible waste.
Any person who shall engage in the business of selling, buying,
salvaging and dealing in junk and who maintains and operates a junkyard
within the Township of Greene.
A lot, land, or structure, or part thereof, used primarily
for the collection, storage, and sale of waste paper, rags, scrap
metal, or discarded material or for the collecting, dismantling, storage,
and salvaging of machinery or vehicles not in running condition, and
for the sale of parts thereof.
The permit granted to a person who operates a junkyard or
a recycling facility.
Includes an individual, a partnership, an association, a
corporation, a joint stock company, a trust, an unincorporated association
or any other group or legal entity.
Clear glass, colored glass, aluminum, steel and bimetallic
cans, high-grade office paper, newsprint, corrugated papers, plastics,
scrap metal, discarded motor vehicles, machinery and equipment. The
term does not include sludge from sewage treatment plants or water
supply treatment plants or putrescible waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, plastics and other materials which would otherwise
be disposed of or processed as municipal waste or the mechanized separation
and treatment of municipal waste (other than through combustion) and
creation and recovery of reusable materials other than a fuel for
the operation of energy.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or used by a manufacturer as a substitute
for or a supplement to virgin raw material. The term does not include
transfer facilities, municipal waste landfills, composting facilities
or resource recovery facilities.
Any person who shall engage in the business of selling, buying,
salvaging, and dealing in recyclables and who maintains and operates
a recycling facility within the Township of Greene.
Greene Township, Franklin County, Pennsylvania.
No person shall operate a recycling facility,
engage in recycling, maintain a recycling facility, engage in business
as a junk dealer or maintain a junkyard without first having obtained
a license from the Board, for which license a fee, as hereinafter
set forth, shall be paid to the Township for the use of the Township.
The license shall be issued for the twelve-month period beginning
July 1 and ending June 30 of the following year, and each license
must be renewed annually on or before the first day of July of each
year.
The license provided for in this chapter shall
be issued by the Board after written application shall have been made
therefor by the person desiring to be licensed. Such license shall
state the name of the person to whom such license is issued and the
premises on which such business is to be conducted or such recycling
facility or junkyard is to be maintained. Such license shall be posted
conspicuously upon the premises licensed thereunder. The written application
for license hereinabove mentioned shall be accompanied by a form,
every question of which must be answered, which form will be supplied
by the Board. Applicant shall also submit therewith a plot of the
premises used or to be used in connection with the license.
Upon receipt of an application by the Board,
the Board shall issue a license or shall refuse to issue a license
to the person applying therefor after an examination of the application
and 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 Township,
both economic and aesthetic. In the event the Board shall issue a
license, it may impose upon the person applying therefor such terms
and conditions in addition to the regulations herein contained and
adopted pursuant to this chapter as may be deemed necessary to carry
out the spirit and intent of this chapter.
The license fee as of the date of enactment
of this chapter shall be $50 and shall be paid immediately upon the
issuance or renewal of the license. This fee may be changed from time
to time by resolution of the Board.
No person licensed under this chapter shall,
by virtue of one license, operate more than one junkyard or recycling
facility within the Township or maintain more than one junkyard or
recycling facility for the purpose of buying, selling and dealing
in recyclables and junk. No person shall engage in business as a junk
dealer or recycling facilities operator in any place other than the
place designated upon his license or maintain a junkyard or recycling
facility in any place other than the place designated upon his license.
No license issued by the Board shall be transferable by the licensee to any other person unless such a transfer is authorized by the Board. Any person desiring to transfer his license shall notify the Board in writing, which notification shall be accompanied by an application for license as described in § 55-4 of this chapter, by the transferee.
In the event the Board shall approve the transfer
of a license, the transferee shall immediately pay to the Township
a transfer fee. As of the date of enactment of this chapter, the transfer
fee shall be $100. This fee may be changed from time to time by resolution
of the Board. No person shall be required to pay a transfer fee and
a license fee.
Every person licensed under this chapter shall
provide and shall constantly keep a written record of the purchase
of any junk or recyclables, a description of every article or material
purchased or received by him, the date of such purchase and the person
from whom such article or material was purchased, received or handled
by such person and which shall at all times be subject to the inspection
of any official of the Township.
Every person licensed under this chapter shall
constantly maintain the licensed premises in accordance with any special
provisions imposed by the Board and in the manner prescribed by this
section and any subsequent regulations adopted by the Board:
A.
Such premises shall at all times be maintained so
as not to constitute a nuisance or a menace to the health of the community
or of residents nearby or a place for breeding of rodents or vermin.
B.
No garbage or other organic waste shall be stored
in such premises.
C.
Whenever any motor vehicle shall be received at the
facility for recycling, all gasoline and motor oil shall be drained
and removed therefrom. All gasoline and used motor oil which is kept
on the premises shall be stored in accordance with the rules and regulations
of the Pennsylvania Department of Environmental Protection.
D.
The manner of storage and arrangement of junk and
recyclables and the drainage facilities of the premises shall be such
as to prevent the accumulation of stagnant water upon the premises
and to facilitate access for fire-fighting purposes.
E.
Junkyards and recycling facilities that collect junk
or recyclables other than motor vehicles shall keep a radiation detection
device on the premises at all times. All incoming loads of scrap material
shall be scanned with said device prior to acceptance of said scrap
at the facility.
F.
Unless the facility is staffed by a technician certified
by the state to remove freon (chloroflourocarbons) from appliances,
facilities are responsible to verify the proper evacuation of freon
(chloroflourocarbons) from all freon appliances prior to accepting
any appliance. Facilities shall not accept appliances, such as refrigerators,
freezers, air conditioners, dehumidifiers, etc.), unless the appliance
has a sticker verifying that the freon has been removed by a state-certified
technician.
G.
All junk and recyclables kept, stored or arranged on the licensed premises shall at all times be kept, stored and arranged with the facility as described in the application for license hereunder and as limited under Subsection D above.
H.
It shall be unlawful for any person licensed under
this chapter to burn junk, recyclables or waste within the junkyard
or the recycling facility at any time.
J.
The premises to be licensed shall conform to the performance standards as set forth in § 105-11E of the Greene Township Zoning Ordinance.
K.
The junkyard or recycling facility shall be subject
to all applicable provisions of the Greene Township Zoning Ordinance.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction thereof in a civil enforcement
proceeding in accordance with the Second Class Township Code, be sentenced
to pay a fine not more than $600 and the costs of prosecution, provided
that each day's violation of any of the provisions of this chapter
shall constitute a separate offense.
In addition to the remedies provided in § 55-12 above, any continued violations of this chapter which shall constitute a nuisance in fact or which shall, in the opinion of the Board, constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.
