[HISTORY: Adopted by the Borough Council of the Borough of
Collingdale 7-1-1974 by Ord. No. 463; amended in its entirety 10-5-1987 by Ord. No.
568 (Ch. 13, Part 5, of the 1987 Code of Ordinances).
Subsequent amendments noted where applicable.]
A.
FARM MACHINERY
JUNK
JUNK DEALER
JUNKYARD
MOTOR VEHICLE
PERSON
PREMISES
SOLID WASTE
TRAILER
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
All types of machinery and equipment which were originally
manufactured for farm use, which are retained on farm properties,
either as operable equipment or for the purpose of salvaging repair
parts.
Any discarded or salvageable article or material, including,
but not limited to, scrap metal, paper, rags, glass, containers, scrap
wood, motor vehicles, trailers, machinery and equipment, with the
exceptions of farm machinery and mobile homes or house trailers which
are occupied or are properly placed and planned for occupancy.
Any person who buys, sells, salvages, stores or in any way
deals in junk or owns, leases, operates or maintains a junkyard within
the municipality.
Any place where junk as herein defined is stored or accumulated.
Any premises as herein defined having two or more unlicensed motor
vehicles and/or unlicensed trailers thereon shall be deemed to be
a junkyard, except that the foregoing shall not apply to duly licensed
automobile dealers having operable vehicles on their premises for
resale. Such exception shall not apply to inoperable vehicles being
stored primarily for salvage purposes.
All types of automobiles, trucks and tractors, including
self-propelled machinery of all kinds, with the exception of farm
machinery.
Any natural person, partnership, firm, company, corporation
or other legal entity.
Any parcel of land situated in the Borough having a separate
Tax Map parcel number for county assessment purposes.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
Any wheeled vehicles not self-propelled, drawn by a motor
vehicle.
B.
In this chapter, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
No person may be a junk dealer as herein defined within the
Borough without first obtaining a license to operate as herein described.
A.
Any person desiring to be a licensed junk dealer in the Borough shall
first make written application to the Borough. Such application shall
be in the form established by the Borough Council and shall set forth
the applicant's name and address; include an accurate description
of the premises on which the junkyard is to be located, including
the Delaware County Tax Map parcel number(s); a statement that the
applicant will comply with this chapter and any regulations adopted
pursuant to this chapter; and such other information as the Borough
Council may require.
B.
An application for license under this chapter shall be examined by
the Borough Council or duly authorized agent thereof and license issued
or refused within 60 days of submission to the Borough Council. Examination
of the application shall include consideration of the suitability
of the property proposed to be used for the purpose of the license,
the character of nearby properties, and the effect of the proposed
use upon the Borough. When the application is found in compliance
with the provisions herein given, the Borough Council or its agent
shall issue a license to the junk dealer applicant for operation of
the junkyard as described in the application.
C.
The license fee shall consist of two parts: the application fee,
which is not returnable in case of refusal of license; and the annual
license fee, both of which shall be as established from time to time
by resolution of Borough Council. All fees are due, payable to and
for the use of the Borough, at time of application. The Borough Council
or its agent may waive the application fee when issuing renewed licenses.
The period of any license issued under this chapter shall be for one
calendar year, or portion thereof, and shall terminate on December
31 of the year in which issued.
D.
Licenses issued under this chapter are required to be renewed on
or before January 1 of the year in which it is desired to continue
operations. Such application for renewal must be in writing, in such
form as may be required by the Borough Council, and accompanied by
the license fee. Renewal applications are subject to complete reexamination
and consideration by the Borough Council or its agents for continued
compliance with the terms of this chapter.
E.
No person licensed under this chapter shall, by virtue of one license,
operate more than one business or junkyard within the Borough. No
person shall engage in business or operate a junkyard at any place
other than the place designated by his license. Licenses are nontransferable,
both as to junk dealer and junkyard premises. The permitted size of
a junkyard shall be fixed at the time of license issuance, with due
regard for the existing and proposed uses of the surrounding area
and properties, and shall not be in excess of one acre, excluding
setback areas.
The license under which the junkyard is operated shall at all
times be conspicuously posted on the licensed premises, and the operating
requirements as herein provided shall be complied with.
A.
Permanent records of all junk received in or removed from any junkyard
shall be kept by the junk dealer on the premises, containing the name
and address from whom received or to whom delivered, the date thereof,
and a description of the junk. Such records shall be open to inspection
at all reasonable times by the Borough Council or its agent and by
any law enforcement officer.
B.
Junkyards and businesses licensed under this chapter may not operate
on Sunday, nor between the hours of 5:00 p.m. and 8:00 a.m., except
to remove any wrecked automobile from any public highway.
All junk in junkyards licensed under this chapter shall be stored
as herein provided.
A.
All junk shall be set back at least 40 feet from any adjoining premises
and at least 60 feet from the nearest right-of-way of any public street,
road or highway.
B.
All junk shall be stored and arranged so as to permit access by firefighting
equipment. Junked motor vehicles shall be spaced in rows with at least
20 feet between double rows; other junk shall be stored in piles or
tiers, which shall be separated by aisles or cleared areas of no less
than 20 feet.
C.
Junk shall be arranged so as to prevent the accumulation of stagnant
water and shall be stacked to a height of not more than six feet from
the ground.
D.
All gasoline and oil shall be drained from junked motor vehicles
within three hours of arrival on premises. Such gasoline and oil shall
be stored at only one location on the premises and not more than 55
gallons in the aggregate, in proper containers, may be stored above
ground.
E.
Paper, rags, plastics and similar materials for salvage shall be
stored indoors.
Paper, rags, plastic and similar materials for salvage shall
not be accumulated or remain on the junkyard premises for more than
60 days. Materials separated as solid waste shall not be accumulated
for more than 30 days.
No burning of motor vehicles, gasoline, grease, oil, tires or
similar materials is permitted at any time on the junkyard premises.
Garbage, organic waste or plain solid waste shall not be received
or stored in any junkyard. Materials designated as solid waste may
be received only as mixed with salvageable materials and shall be
promptly disposed of as herein provided.
Every junk dealer licensed under this chapter shall enclose
and maintain his junkyard as herein provided:
A.
Every junkyard premises shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of § 304-4A of this chapter, shall be six feet to eight feet in height, and shall be of wood or wire with maximum lineal openings of three inches. Entrance gates shall be of similar material, well constructed, and shall be kept securely locked except during business hours. Fencing shall be maintained in good condition throughout its length at all times.
B.
Junkyard premises which have open-wire fence enclosures visible from
an abutting public thoroughfare or from an abutting residential property
within 500 feet of the fence shall have a landscaped screen of trees
and/or shrubs, of varieties capable of attaining a continuous height
of six feet within two years, planted along such fence or section
of fence. All required open areas between fence and lot lines of the
premises shall be maintained continuously in good order, free of weeds
and scrub growth.
C.
The area inside the fence and lot lines of any junkyard premises
shall have weeds mowed regularly and not permitted to go to seed.
D.
All junkyard premises shall be maintained in such manner so as not
to cause a public or private nuisance; nor shall they cause any menace
to the health or safety of persons off the premises; nor shall they
cause any excessive or offensive or noxious odors or sounds; nor shall
they cause the breeding, harboring or infesting of rats, rodents or
vermin; nor shall they be in violation of any health or sanitation
law or ordinance or regulation of any governmental body.
Every junk dealer and junkyard licensed under this chapter is
subject to inspection and regulation as herein provided.
A.
Any member of the Borough Council or the agent of the Borough may
at any reasonable time enter upon the premises currently licensed
or for which a license application is pending.
B.
The Borough Council may from time to time pursuant to resolution
adopt regulations to carry out the provisions of this chapter, upon
giving notice to licensees affected by such regulations.
The Borough Council may waive the setback requirements as established by § 304-4A and the planting requirements as established by § 304-8B for those junkyards in existence at the time of the enactment of this chapter, if such junkyard is in compliance with the other requirements as provided by this chapter and if, in the Borough Council's discretion, compliance with said setback and planting requirements would cause undue hardship to such existing junkyard.
A.
Junk dealers and junkyards operating and existing in the Borough
on the effective date of this chapter shall be required to comply
with the provisions of and obtain a license under this chapter within
six months from the effective date.
B.
However, an extension of the time allotted in complying with the
terms of this chapter may be granted, at the discretion of the Borough
Council. Such extension shall be for good reason and shall not exceed
six months.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300 and/or to imprisonment for a term not
to exceed 90 days. Each day that a violation of this chapter continues
shall constitute a separate offense.
