Township of Straban, PA
Adams County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Straban: Art. I, 2-5-1986 as Ord. No. 33. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 108.
[Adopted 2-5-1986 as Ord. No. 33]
This Article shall be known and may be cited as the "Straban Township Junkyard Ordinance of 1986."
A. 
In this Article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
B. 
As used in this Article, the following terms shall have the meanings indicated:
JUNK
Discarded or salvageable materials, articles or things possessing value in part, gross or aggregate, and including, but not limited to scrapped motor vehicles, equipment and parts thereof, including motors, bodies of motor vehicles, tractors, vehicles, scrap metal, rags, paper, containers, scrap wood, trailers and equipment which are inoperable and/or do not have a current and valid inspection sticker as required by the motor vehicle laws of the Commonwealth of Pennsylvania, but not including garbage or other organic waste, stacked firewood for use or sale or farm machinery, provided that said farm machinery is used in connection with a bona fide farming operation; provided, however, that any existing or future garage, service station or repair station in the township may, so long as the same is being operated principally for the repair, maintenance and service thereon of motor vehicles, maintain thereon for a period of 60 days only motor vehicles which do not have current and valid inspection stickers, and during which time said motor vehicles may be inoperable, but in the event that 60 days elapse and said vehicles have not been repaired and a current and valid inspection sticker has not been obtained, the same shall be hereby considered "junk" and be subject to the provisions of this Article.
JUNK DEALER
Any person who shall engage in the business of selling, buying or dealing in junk in Straban Township and/or any person who shall store or keep upon his or another's premises two or more motor vehicles which are unlicensed and inoperable and do not have a current and valid inspection sticker as required by the motor vehicle laws of the Commonwealth of Pennsylvania.
JUNKYARD
Any place or establishment in Straban Township where junk is stored or accumulated on the outside of any building, edifice or structure that is enclosed on all sides; or, where the business of selling, buying, or dealing in junk is carried on; or where two or more motor vehicles are stored which are unlicensed, inoperable and do not have a current and valid inspection sticker as required by the motor vehicle laws of the Commonwealth of Pennsylvania.
PERSON
Any natural person, association, partnership, firm or corporation.
On and after the effective date of this Article, no person shall engage or continue to engage in business as a junk dealer or establish or operate a junkyard in the Township of Straban, except as authorized by this Article and without first having obtained a license therefor from the Board of Supervisors of the Township of Straban.
A. 
Application for such license shall be made in writing and in the form prescribed by the Board of Supervisors of the Township of Straban and shall contain:
(1) 
The name of the applicant.
(2) 
His address.
(3) 
His length of residence at such address.
(4) 
Any previous violation of this or any similar ordinance or law.
(5) 
The address of the premises upon which such business is to be conducted or upon which such junkyard is to be established or operated.
(6) 
The name of the owner or owners of said property if other than the applicant.
B. 
Upon any subsequent applications, a statement that the applicant, during the preceding term of his license, did comply with and did maintain his premises in full compliance with the provisions of this Article must be included.
C. 
Each application shall describe the premises upon which the junkyard is to be established or operated, specifying therein setback lines, structures erected thereon, dwellings erected upon premises adjacent to the premises proposed to be used and a reference to the place where the deed is recorded.
D. 
If the applicant is a partnership or association, the application shall furnish the above information for every member thereof. If the applicant is a business corporation, the application shall furnish the above information for each officer and director thereof. The application shall be signed by the applicant, if an individual, by all members if the applicant is partnership or association and by the president and secretary if the applicant is a business corporation.
E. 
A separate application shall be required for each junkyard conducted by a junk dealer.
Every junk dealer shall pay an annual license fee for every license or renewal thereof, which fee shall be established from time to time by resolution of the Board of Supervisors of Straban Township, but which shall not be more than that prescribed by statute.[1] All licenses shall be issued for a term of one year. No abatement of the annual license fee shall be made for any cause whatsoever. All licenses must be renewed annually. Applications for renewal must be in writing in such form as may be required and accompanied by the license fee. Renewal applications are subject to complete reexamination and consideration by the Board of Supervisors of the Township of Straban, or its agents, for continued compliance with the terms of this Article. Licenses shall be issued upon the condition that the same may be summarily revoked in the event that the said licensee is found to have given any false information or in any way misrepresented any material fact upon which the issuing authority has relied in granting such license. No refunds will be given in such case.
[1]
Editor's Note: The current fee resolution is on file in the office of the Township Secretary and available for inspection during regular business hours.
The Board of Supervisors of the Township, upon receipt of an application for license under this Article, shall determine within 120 days from receipt of said application whether or not a license shall be issued or a renewal thereof shall be granted after an examination of the application and upon the fullest consideration of the suitability of the premises proposed to be used for the purposes of the license, the character of the property adjacent thereto and the effect of the proposed use, taking into consideration the health, welfare and safety of the residents of the township and any potential hazard which may result to adjacent properties and structures thereon or to the citizens of Straban Township. Upon approval of the application for license, the Board of Supervisors of the township shall issue to the applicant a license, upon which said license shall be designated the name of the junk dealer and the address of the premises approved for use as a junkyard. Such license shall be at all times conspicuously posted upon the premises licensed thereunder. No such license issued by the Board shall be transferable or assignable by agreement, will, intestacy or otherwise.[1]
[1]
Editor's Note: Former Section 7, Violators not to be licensed, which immediately followed this section, was repealed 10-12-1987 by Ord. No. 36.
Any applicant whose initial or renewal application for license shall be denied for cause as hereinbefore specified, and every person who shall engage or continue to engage in business as a junk dealer in violation of any of the terms and provisions of this Article or who shall keep or store upon his or other premises two or more motor vehicles which are unlicensed, inoperable and have no valid current inspection sticker, without first having obtained a license therefor, shall, within 60 days after registered notice of such event, remove and clear from the premises or junkyard all junk therein as defined in this Article. If, within such period of 60 days, such denied applicant or violator fails to fully comply with the provisions of this section and the township is required to do any work or expend any labor in the place or stead of such person, the cost therefor, plus 20% thereof shall be paid by such denied applicant or violator, and the township may collect such actual cost plus 20% from the applicant and/or the landowner.
Every junk dealer licensed pursuant to this Article shall constantly maintain the licensed junkyard premises in the manner prescribed by this section, and by this section as it may be further interpreted and referred by regulations adopted by the Board of Supervisors.
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 to residents nearby or a place for the breeding of rodents and vermin.
B. 
The license issued under this Article shall not be authority for the storage, handling, processing or disposing of wastes regulated under the Pennsylvania Solid Waste Management Act.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
C. 
Whenever any motor vehicle shall be received as junk in the licensed junkyard premises, all gasoline and diesel fuel shall be drained and removed therefrom.
D. 
Junk shall be stored and arranged in a neat and orderly fashion, 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 and inspection purposes. There shall be at least 16 feet open space between each row of junk. Junked motor vehicles may be stored end-to-end (a double row) for purposes of application of this spacing requirement.
E. 
A junk dealer licensed under this Article shall not burn any motor vehicles. No oil, grease, tires, gasoline or other similar material that might be dangerous or tend to produce noxious smoke or odors shall be burned within a junkyard at any time.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
F. 
The junkyard premises to be licensed shall be set back a minimum distance of 25 feet from the right-of-way lines of all abutting streets, roads or highways, a minimum distance of 100 feet from any existing dwelling house erected upon premises adjacent to the licensed premises but in any event not less than a minimum distance of 25 feet from property lines of all adjacent properties, and a minimum distance of 30 feet from any river, stream, run, creek, floodplain or other natural watercourse in the township. The area between the setback line and such right-of-way lines, other property lines and natural watercourses shall be at all times kept clear and vacant, free of weeds, debris and junk, including any motor vehicle incapable of meeting state inspection requirements.
G. 
No gasoline, oil or any other hazardous liquid or substance shall be stored less than a minimum distance of 100 feet from any river, stream, run, creek or other natural watercourse in the township.
H. 
In no event shall any junk be kept, stored or accumulated on a junkyard premises, nor shall any structure be erected to be used in connection with a junkyard, within 500 feet of any existing church, cemetery, school, playground, restaurant, motel or other place of public use or accommodation, provided that nothing contained in this subsection shall apply to existing structures used in connection with junkyards presently established and operating which are otherwise in compliance with the provisions of this Article or to any junk presently kept, stored or accumulated thereon.
I. 
Screening shall be provided for any junkyard which is within 500 feet of the nearest edge of the right-of-way of an abutting public road, street or highway. Such screening shall be constructed, erected and/or maintained at a height of not less than six feet; shall be controlled by the setback provisions of Subsection F hereof; and shall be completed within 12 months after the effective date of this Article, provided that if, in the sole and exclusive opinion of a majority of the Board, it should appear that the owner and/or operator of a junkyard situated within the township has clearly demonstrated that he is making a continuing bona fide effort to comply with the screening provisions of this subsection, then and in such event the Board may, in its sole discretion, grant an extension of time to such owner or operator for the completion of such screening, upon receipt of a written letter from said owner or operator requesting such an extension of time.
J. 
No two or more vehicles or major parts thereof may be stacked on top of one another.
K. 
A person licensed under this Article shall provide designated off-street parking and loading facilities from a single entrance off any adjacent street, road or highway, which facilities shall have, at a minimum, a stone and gravel base and which shall be of a size sufficient to accommodate one parking space for the junk dealer operating the junkyard and an additional space for each employee of such junk dealer, plus a sufficient number of additional spaces based upon the estimated number of patrons or customers to be served, but in any event not less than:
(1) 
For junkyards of no more than 25,000 square feet: three spaces.
(2) 
For junkyards of 25,000 square feet or more, but less than 50,000 square feet: six spaces.
(3) 
For junkyards more than 50,000 square feet: 12 spaces.
The Township Supervisors and/or their appointed agent may, from time to time, regularly inspect the premises of every licensee hereunder for the purpose of determining whether said licensee has established and maintained his premises in full compliance with the provisions of this Article and such regulations which may hereafter be adopted by the township regulating and licensing junk dealers and the establishment. Every junkyard in the Township of Straban shall at all times be subject to inspection during reasonable hours of the day by the Supervisors and/or their appointed agent.
Any person who shall violate any of the provisions of this Article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution and, in default of payment thereof, to imprisonment for not less than 30 days, provided that each day's violation of any of the provisions of this Article shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
[Amended 10-12-1987 by Ord. No. 36]
A. 
The Township of Straban may take any appropriate action at law or equity, civil or criminal, to enforce the provisions of this Article, and this Article shall in no way restrict any remedies otherwise provided by law.
B. 
Any violation of Subsections A, C, D, E, F, G, H, and/or I of § 86-9 hereof, or any failure to remove junk after notice pursuant to § 86-8 hereof, is declared to be a nuisance and subject to public and/or private abatement in accordance with law.[1]
[1]
Editor's Note: Former Article II, License Fees, adopted 2-5-1986 as Res. No. 1986-10, which immediately followed this section, was deleted at time of adoption of Code; see Chapter 1, General Provisions, Art. I. The current fee schedule is on file in the office of the Township Secretary and is available for inspection during regular business hours.