[HISTORY: Adopted by the Board of Supervisors
of the Township of West Deer 4-13-1987 by Ord. No. 185; amended in its entirety 10-4-2006 by Ord. No.
349. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited
as the "West Deer Township Salvage Yard 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 West Deer Township.
A first-time or renewal salvage license issued pursuant to
the West Deer Township Salvage Yard Ordinance.
[Added 6-17-2020 by Ord.
No. 435]
A natural visual barrier consisting of natural trees and vegetation not planted (occurring by nature) that meets the intended purpose (see § 140-11G) of effectively screening during all seasons of the year the fenced licensed area from all roads and abutting properties, making the licensed fenced area appear as natural as possible.
A partially transparent fabric or vinyl screening that has
a minimal woven denier of 80% to allow the passage of wind and light.
[Added 2-21-2007 by Ord.
No. 357]
Includes any natural person, partnership, association, firm
or corporation.
Any discarded material or article and shall include, but
not be limited to, scrap metal, scrapped, abandoned or junked motor
vehicles (including tires and other parts therefrom), machinery, equipment,
paper, glass, containers and structures. It shall not include, however,
refuse or garbage kept in a proper container for the purpose of prompt
disposal.
Any person, as heretofore defined, who shall engage in the
business of selling, buying, salvaging, and dealing in salvage and
who maintains and operates a salvage yard within the Township of West
Deer.
Any outdoor area where scrap metal, paper, rags, tires, and
other waste and/or used materials are bought, sold, exchanged, stored,
bailed, packaged, disassembled or handled; or where inoperable machinery
or motor vehicles are collected, dismantled, stored or sold for parts.
West Deer Township, Allegheny County, Pennsylvania.
The Township Manager, the Township Building Inspector/Code
Enforcement Officer, or any of their designees.
[Added 6-17-2020 by Ord.
No. 435]
A.
No person shall engage in business as a salvage dealer or shall maintain a salvage yard without first having obtained a first-time license from the Board or a renewal license from the Township Administrator, and paying the fee required by § 140-6 of this chapter. No property owner shall permit their property to be used by a tenant or any other person as a salvage yard unless such other person obtains a license hereunder and fully complies with the provisions of this chapter.
[Amended 6-17-2020 by Ord. No. 435]
B.
The license shall be issued for the period beginning
February 1 and ending the following January 31. Each license holder
must submit his application for renewal and pay the yearly license
fee on or before the first day of December of each year following
the initial issuance of the license.
C.
Failure to pay said fee and submit a fully completed
application by the first day of December shall result in the penalty
of a surcharge of 25% of the required fee, if the fee is paid, and
the application submitted, on or before December 31. An additional
penalty of a surcharge of 10% of the required fee shall be added for
every month, or any part of a month, after December 31 during which
the license fee remains unpaid.
D.
Failure to pay the yearly license fee and submit the
completed application form by January 15 of each year shall result
in the automatic termination of the existing license.
E.
An applicant applying for a first-time license may
submit an application at any time during the year, and the license,
if issued, will be for the period beginning on the date of issuance
and ending the following January 31.
A.
The license provided for in this chapter shall be
issued by the Board after review and approval of the applicant's written
application therefor. 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 salvage yard is to be maintained. Such
license shall be posted conspicuously upon the premises licensed thereunder.
B.
The written application form for such license is to
be obtained from the Township, every question of which must be answered
completely.
C.
The applicant shall submit with said application form, a check or money order in the proper amount as set forth in § 140-6 below, a professionally prepared site plan of the premises, drawn to scale, including, but not limited to, the position and types of all structures on the property, the areas designated for location of salvage, and any other information requested by the Board.
[Amended 4-20-2016 by Ord. No. 408; 6-17-2020 by Ord. No. 435]
A.
First-time license. The following process and conditions shall apply
to the initial application for the use of property as a salvage yard
or dealer. A first-time license shall be valid for one year.
(1)
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, an inspection of
the salvage yard (including the required records) by the Township
Administrator and taking into consideration compliance with the requirements
of this chapter, the suitability of the property proposed to be used
for the purpose of the license, and the impact on the health, safety
and welfare of the Township.
(2)
The Board may reject a license based upon past violations of this
chapter, or any predecessor ordinance, by the applicant, or if the
applicant cannot demonstrate to the Board his intent and ability to
comply with this chapter in the future.
(3)
The applicant is responsible for demonstrating that the property at issue is zoned for the proposed activity or that it is registered under Ch. 210, Zoning, as a valid nonconforming use prior to approval.
(4)
In the event the Board shall issue a license, it may impose upon the license and the applicant such additional terms and conditions to those herein contained and adopted pursuant to this chapter as may be deemed necessary to carry out the spirit and intent of this chapter including, but not limited to, reasonable regulations pursuant to § 140-11 hereof.
B.
Renewal license. A request for a renewal of a license previously
issued under this chapter shall be subject to the following process
and conditions. A renewal license shall be valid for one year.
(1)
Except as set forth in this section, the applications and approvals/denials
of renewal licenses are subject to the same requirements and processes
as have been established for first-time licenses.
(2)
Application for renewal of the license will be filed in writing with
the Township Administrator and will list any changes made since the
first-time license application or in the most-recent renewal license
application.
(3)
The Township Administrator will inspect the property to determine
if the salvage yard has complied with the regulations in this chapter
and, if there have been any changes since the last application, the
Township Administrator shall determine compliance with the requirements
of this chapter, the suitability of the property proposed to be used
for the purpose of the license, and the impact on the health, safety
and welfare of the Township.
(4)
If action needs to be taken by the salvage yard operator in order
to come into compliance with this chapter, such action shall be completed
before the renewal license will be issued.
(5)
The Township Administrator may approve the renewal license application
if the Township Administrator deems the application to be in compliance
with this chapter.
(6)
The Township Administrator may reject a license based upon past violations
of this chapter, or any predecessor ordinance, by the applicant, or
if the applicant cannot demonstrate to the Township Administrator
his intent and ability to comply with this chapter in the future.
(7)
In the event the Township Administrator shall issue a license, he/she may impose upon the license and the applicant such additional terms and conditions to those herein contained and adopted pursuant to this chapter as may be deemed necessary to carry out the spirit and intent of this chapter including, but not limited to, reasonable regulations pursuant to § 140-11 hereof.
A.
The license fee shall be paid at time application
for the license is made hereunder. The amount of the license fee shall
be as set forth from time to time by resolution of the Board of Supervisors.
[Amended 4-20-2016 by Ord. No. 408]
B.
No license shall be issued for the use of a tract
of land in excess of three acres, excluding setback areas, unless
said license is for the renewal of a currently licensed salvage yard
already in excess of three acres.
C.
The license fee for a first time (nonrenewing) applicant,
where application is made after September 1 shall be 1/2 of the above
rates for the balance of the year.
A.
No persons licensed under this chapter shall, by virtue
of one license issued hereunder, keep more than one salvage yard or
other related business within the Township.
B.
Each person operating a salvage business on the same
property shall be required to obtain a separate license.
C.
No person shall engage in business as a salvage dealer
in any place other than the place designated upon his license, or
maintain a salvage yard in any place other than the place designated
upon his license, or use any other salvage yard within the Township
in order to store excess salvage from his licensed yard.
A.
No license issued by the Board shall be transferable by the licensee to any other person unless such a transfer is first authorized by the Board in writing. Any person desiring to transfer his license shall notify the Board in writing, which notification shall be accompanied by an application for a license, as described in § 140-4 of this chapter, by the transferee.
B.
In the event that the Board shall approve the transfer
of a license, the transferee shall immediately pay to the Township
a transfer fee as set forth from time to time by resolution of the
Board of Supervisors and shall become immediately responsible for
any unpaid or future license fees due to the Township.
[Amended 4-20-2016 by Ord. No. 408]
A.
Every person licensed under this chapter shall provide
and keep a book in which shall be recorded in the English language,
at the time of purchase or receipt of any item(s) of salvage, the
following:
(1)
A description of the item(s) or material purchased
or received. If the item is a motor vehicle, the description shall
include the trade name, motor and body manufacturers' numbers and
any other serial numbers, the style of body, model, color and license
number.
(2)
The date and hour of purchase/receipt.
(3)
Proper identification of the person from whom such
item(s) or material was purchased/received. This identification shall
be in the form of a photocopied state identification card. If the
item is a motor vehicle, a description of the person from whom purchased/received
shall be included.
B.
Such book shall at all times be subject to the inspection
of any official of the Township or any police officer of the Commonwealth
of Pennsylvania or its subdivisions.
C.
Inspection and right of entry. At the time a license
application is submitted (and at reasonable times during the term
of any license), the applicant must make the premises available for
inspection by the Township Building Code Official and/or police officers
to determine if the yard is operating within full compliance of this
chapter. During the term of the license, upon request of the Township
Building Code Official and/or police officers of the Township made
during the licensee holder's regular business hours, a license holder
shall produce the records required hereunder for inspection and copying
and shall permit the officers to examine any vehicles or parts of
vehicles that are on the premises and subject to the recordkeeping
requirements hereof. The above-referenced inspections may be performed
at any time of the day when the salvage yard is open for business
or in operation.
[Amended 4-20-2016 by Ord. No. 408]
Every person licensed under this chapter shall
keep and retain upon the licensed premises, for a period of 48 hours
after the purchase or receipt thereof, all salvage received or purchased
by him, and he shall not disturb or reduce the same or alter the original
form, shape or condition until such period of 48 hours shall have
elapsed.
Every person licensed under this chapter shall
constantly maintain the licensed premises in accordance with any special
provision imposed by the Board and in the manner prescribed by this
section and any subsequent regulations adopted by the Board:
A.
Conditions. Such premises shall at all times be maintained
so as not to constitute a hazard to the health of the community or
a place for the breeding of rodents and vermin.
B.
Storage. All salvage, by-products and equipment related
to the salvage yard shall at all times be kept, stored and arranged
within the fenced yard as described throughout this chapter and as
in the application for said license.
(1)
No garbage or other organic waste shall be stored
in such premises.
(2)
The manner of storage and arrangement of salvage and
the drainage facilities of the premises shall be such as to prevent
the accumulation of stagnant water upon the premises.
(3)
Fifteen-foot fire truck access alleys must be maintained
at all times between rows of salvage no greater than 40 feet in width
to facilitate access for fire-fighting purposes. The local fire department
will also have the right to request and enforce other fire-fighting
regulations it deems necessary for safe fire-fighting purposes.
(4)
No salvage is to be stored in a manner that allows it to protrude above the fence described in Subsection G.
(5)
All salvage, by-products and equipment related to the salvage yard, including but not limited to inoperable vehicles, flatbed trucks, tow trucks, tractor trailers, storage trailers or containers, tires, loading equipment, dumpsters, etc., shall be kept within the confines of said fence (Subsection G) at all times unless in motion by transport to or from the site.
(6)
All fluids must be removed from any and all salvage
before being dismantled or crushed and collected in a manner that
best prevents the fluids from reaching the ground and entering the
groundwater. All hazardous fluids, including, but not limited to,
motor oil, transmission fluid, brake fluid, hydraulic fluid, gasoline,
antifreeze, etc., must then be labeled and stored until removed from
the site for disposal or recycling in a manner approved by the local
fire department.
(7)
Tires shall be covered so as to prevent infestation
by mosquitoes, and no more than 500 tires may be stored on the licensed
premises.
C.
Gates/access. The fenced (Subsection G) premises to be licensed shall have a keyed locking access gate at least 16 feet wide for fire-fighting purposes. The gate shall be locked at any time the salvage yard is unattended and during all nonoperating hours. The gate shall comply with the requirements of Subsection G.
D.
Operating hours. The operating hours of the salvage
yard to be licensed shall be limited to between 8:00 a.m. and 6:00
p.m. Monday through Saturday. No operating hours will be permitted
on Sundays.
E.
Burning of material. No material of any kind for any
reason shall be burned within the salvage yard at any time.
F.
Setbacks. The premises to be licensed shall be set back a minimum distance of 50 feet from the center of any road on which the property abuts; provided, however, that if Ch. 210, Zoning, provides for a greater setback distance, such greater distance shall apply. The center of the roadway shall be indicated by the yellow or white center roadway line or, if no line is present, by a distance 1/2 the width of the actual road. All buildings must comply with side yard requirements as established under the current Township Zoning Ordinance.
G.
Fencing and screening. The premises to be licensed shall, at the setback lines, be enclosed by a proper opaque fence not less than seven feet nor more then 12 feet in height, constructed and maintained so that no dust or other material may pass through and so that children cannot enter the licensed premises. Said fence shall be completely surrounded by natural landscape screening or Type A screening, or a combination of both. Said landscape screening must meet or exceed Type A screening as described in Ch. 210, Zoning.[1] When such Type A screening is not possible due to the
lack of space between the area to be screened and a road or property
line (This would apply to only currently legally operating nonconforming
salvage yards.), the screening must be planted to reflect as closely
as possible Type A screening specifications as the obstructing road
or property line will legally allow. The purpose of the required screening
is to lessen the visual impact of the salvage yard from all roads
and abutting properties during all seasons of the year by effectively
visually screening the fenced licensed area, making such area appear
as natural as possible. The Board of Supervisors may modify these
screening requirements with respect to an applicant who demonstrates
that existing screening and/or land conditions on the premises provide
an adequate substitute for the screening requirements set forth herein.
In order to avoid economic hardship to an applicant, an applicant
shall be permitted to comply with these landscape screening requirements
pursuant to the following schedule. Before any license will be granted,
a minimum of 1/3 of the area to be licensed must have landscape screening
in place. The Board of Supervisors shall determine the location of
the landscape screening to be first completed. Two-thirds of the landscape
screening must be completed before the second license renewal year
following the passage of this chapter. All landscape screening must
be completed by the third license renewal year following the passage
of this chapter. No license will be awarded or renewed unless the
above-said screening schedule has been met. All landscape screening,
both natural and planted, must be maintained in such a condition so
as to maintain effective visual screening throughout all seasons of
the year. Dead or fallen trees or trees missing enough limbs so as
not to provide an effective visual screen (whether planted or natural)
must be replaced within 90 days of written notice from the Township.
No notice will be delivered by the Township to replant during the
months of November, December or January.
[Amended 4-20-2016 by Ord. No. 408]
A.
Any person who shall violate any provision of this chapter shall be notified in writing by the Building Code Official or any police officer of the Township. Such notice should be served upon the violator at his place of business or residence. If such violation is not corrected within two weeks of such notice, the violator shall be subject to the penalties in Subsection B. If such violation has not been corrected within two weeks of imposition of the fine, any license issued pursuant to § 140-5 hereof shall be automatically revoked.
B.
Any person, partnership or corporation who or which has violated
or permitted the violation of any provision of this chapter, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, shall pay a judgment of not more than $600, plus
all court costs. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by a
Magisterial District Judge. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure, at which time, in addition
to any penalties, the violator shall be liable for any attorneys’
fees and costs incurred by the Township. Each day that a violation
continues or each section of this chapter which shall be found to
have been violated shall constitute a separate violation.
C.
If a person is found guilty by a court of competent
jurisdiction of two or more violations of this chapter in any twelve-month
period, then such person shall be ineligible to apply for or hold
a license for a period of one year. Such person may only reapply for
a license if he adequately demonstrates his intent and ability to
comply with the chapter.
D.
If a person's license is revoked two times under the
terms of this chapter, such person shall be permanently prohibited
from obtaining a license hereunder.
In addition to the remedies provided in § 140-12, above, the Township may remedy continued violations of this chapter by such action as may be required to remove such violation, the reasonable costs of which shall be assessed against the violator by means of a municipal claim. If a licensed salvage yard is found to be a nuisance by any court of competent jurisdiction, the license shall be automatically revoked.
