[Ord. 4-72, 7/2/1972, § 1]
This Part 3 shall be known as "The Junk Dealer, Junk, Salvage
and Scrap Yard Ordinance of Upper Macungie Township."
[Ord. 4-72, 7/2/1971, § 2]
For the purpose of this Part, the following terms shall have
the meanings respectively ascribed to them in this Section unless
from the particular context it clearly appears that some other meaning
is intended:
Any place where more than one automobile which does not bear
a current Pennsylvania state inspection sticker and is not fit for
immediate highway use is stored or disassembled.
The Board of Supervisors of Upper Macungie Township, Lehigh
County, Pennsylvania.
Any and all used materials or articles, regardless of value,
including but not limited to metal; motor vehicles not bearing a current
Pennsylvania state inspection sticker and not fit for immediate use
upon the highways, roads, streets and alleys of this commonwealth
or any parts thereof; glass; industrial waste; used building materials,
including used plumbing supplies and fixtures; rags; bottles; paper
and all other material and articles of any composition whatsoever
not intended to be repaired for reuse. All farm equipment actually
used in farming operations, regardless of its condition, if situate
upon a working farm, shall be specifically excluded from being classified
as junk. Refuse or garbage kept in a proper container for the purpose
of prompt disposal shall be excluded from being classified as junk.
Any person, persons, firm or corporation engaged in the business
of collecting, accumulating, buying, selling, storing, disassembling,
treating or processing of scrap metal, automobiles and other vehicles
intended for use on the highway but not fit for immediate highway
use, secondhand building materials, rags, bottles, scrap paper, and
all other items not intended to be repaired for reuse.
An automobile junkyard or graveyard, and anyplace where scrap
metal, secondhand building materials, rags, bottles, scrap paper and
all other items not intended to be repaired for reuse are collected,
accumulated, stored, disassembled, treated or processed.
Any natural person, partnership, firm, corporation, or other
legal entity, including singular and plural, male and female.
Any parcel of land situate in Upper Macungie Township, Lehigh
County, Pennsylvania, having a separate tax map parcel number for
county assessment purposes, or any portion thereof.
Upper Macungie Township, Lehigh County, Pennsylvania.
[Ord. 4-72, 7/2/1972, § 3]
From and after the effective date of this Part (July 7, 1972),
it shall be unlawful for any person, persons, firm or corporation
to engage or continue to engage in business as a junk dealer or to
establish or maintain or continue to operate or maintain a junkyard
and scrap yard, within the limits of the Township, except as provided
in this Part.
[Ord. 4-72, 7/2/1972, § 4]
All persons, firms or corporations engaged or intending to engage
in business as a junk dealer, or operating or maintaining or intending
to establish or maintain a junkyard, salvage and scrap yard within
the limits of the Township, shall obtain a permit from the Board of
Supervisors of the Township of Upper Macungie, which permit shall
be granted for a period of one year, except all permits shall expire
on December 31 of the year in which they are granted.
[Ord. 4-72, 7/2/1972, § 5]
1.
A fee, as established by resolution of the Township Supervisors,
shall be paid upon the issuance of a permit, and a fee, also as established
by resolution, shall be paid for each renewal of a permit The aforesaid
fees shall be used to process applications for permits and to defray
the expense of inspections necessary to ensure compliance with this
Part. Where a junk dealer's business shall be established in Upper
Macungie Township after the first day of January in any year, the
license fee payable by such junk dealer for the remainder of the twelve-month
licensing period shall be computed by dividing the annual fee by 12
and multiplying the result by the number of months remaining in the
year.
2.
Application for License. Application for a license or renewal thereof
shall be made on a form to be furnished by the Township and filed
with the Secretary of the Township, accompanied by the proper license
fee and a filing fee as established by resolution, which filing fee
shall be retained by the Township regardless of whether the license
is issued or not.
[Ord. 4-72, 2/2/1972, § 6]
The Board of Supervisors of the Township of Upper Macungie shall
have the power to revoke or refuse to allow the renewal of a permit
for noncompliance with the provisions of this Part.
[Ord. 4-72, 7/2/1972, § 7]
From and after the effective date of this Part, no junkyard
and scrap yard shall be established closer to any street or side property
line than 500 feet and must be entirely enclosed within a solid wall
or fence not less than six feet high and shall be appropriately landscaped
in the manner prescribed by the Planning Commission and/or the Board
of Supervisors.
[Ord. 4-72, 7/2/1972, § 8]
No junkyard, salvage and scrap yard in existence on the effective date of this Part shall expand or extend its business beyond the boundaries presently occupied by the junk, scrap, automobiles or other materials presently on the premises unless the owner shall have complied with § 13-307 hereof.
[Ord. 4-72, 7/2/1972, § 9]
A junkyard, salvage and scrap yard in existence on the effective
date of this Part shall be required to obtain a renewal permit for
continued existence.
[Ord. 4-72, 7/2/1972, § 10]
Upon receipt of the application for a permit to establish a
business as a junk dealer or operating or maintaining or intending
to maintain a junkyard, salvage and scrap yard; or upon receipt of
the first application for a renewal permit by a junk dealer or a junkyard,
salvage and scrap yard lawfully in existence on the effective date
of this Part, the application shall be reviewed by the Planning Commission,
and the Planning Commission shall make recommendations to the Supervisors
regarding the manner of appropriately landscaping and/or enclosing
said business with a fence so as to eliminate any nuisance or unattractive
appearance. To assist the Planning Commission and/or the Board of
Supervisors in their determinations, an application for a permit and
for a first renewal permit in the event the applicant is not required
to file an initial permit shall be accompanied by a plan and such
other descriptive material sufficient to clearly portray the intentions
of the applicant. The plan shall indicate the boundaries of the premises
on which the business is presently being operated or on which it is
intended to be operated and the location of the existing junk, scrap,
automobiles and other materials on the premises at the time of the
application.
[Ord. 4-72, 7/2/1972, § 11]
The Board of Supervisors may require that the owner of a junkyard, salvage and scrap yard shall landscape and/or fence said yard in the manner prescribed by the Planning Commission and/or the Board of Supervisors. The Board of Supervisors shall have the option of retaining the permit or renewal fees paid pursuant to § 13-305 of this Part or of returning said fee or fees to the owner upon the owners complying with the landscaping and/or fencing requirements established by the Board of Supervisors.
[Ord. 4-72, 7/2/1972, § 12]
There shall be established and maintained in all junkyards,
salvage and scrap yards parallel aisles or roadways of not less than
10 feet in width and not more than 50 feet apart and intersecting
vertical aisles or roadways of not less than 10 feet in width and
not more than 50 feet apart. All aisles or roadways must be kept clear
of weeds and brush at all times, and the entire premises shall be
kept free of stagnant water.
[Ord. 4-72, 7/2/1972, § 13]
No flammable liquid shall be permitted to remain in any junked
container, whether the container is a separate item or is an integral
part of another item, at any time.
[Ord. 4-72, 7/2/1972, § 14]
All rags, bottles, and scrap paper must be kept within the walls
of a building constructed of fire-resistant material.
[Ord. 4-72, 7/2/1972, § 15; as amended by Ord.
12-86, 6/5/1986; and by Ord. 3-97, 3/6/1997, § 3]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedures, shall
be sentenced to pay a fine of not more than $1,000, plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
