[Ord. No. 2021-07, 10/21/2021[1]]
This Part shall be known as "Lower Macungie Township Junkyard Ordinance."
[1]
Editor's Note: This ordinance repealed former Part 1, Junkyards, adopted by Ord. No. 1968-40, 10/10/1968, as amended.
[Ord. No. 2021-07, 10/21/2021]
1. 
Unless otherwise expressly provided, the following words shall, for purposes of this Part, have the following meanings:
BOARD
The Board of Commissioners of Lower Macungie Township, Lehigh County, Pennsylvania.
ENFORCEMENT OFFICER
The Zoning Officer who shall be charged with the duty of enforcing the provisions of this Part, and any amendments hereto.
JUNK
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 materials and articles of any composition whatsoever not intended to be repaired for reuse; provided, however, farm equipment, regardless of its condition, if situated upon a working farm shall be specifically excluded from this definition, as well as junk, refuse or garbage kept in a proper container for the purpose of prompt disposal.
JUNK DEALER
Any person who buys, sells, salvages, stores, or in any other way deals or owns, leases, operates or maintains a junkyard within the Township of Lower Macungie.
JUNKYARD
The following shall be deemed a junkyard:
A. 
Any place where any junk is stored, disposed of, or accumulated.
B. 
Any premises having two or more motor vehicles not bearing a current Pennsylvania state inspection sticker or otherwise unfit for immediate use upon the highways, roads, streets and alleys of this commonwealth.
C. 
Garbage dumps and sanitary fills.
PERSON
Any individual or entity recognized by law as the subject of rights and duties.
PREMISES
Any parcel of land or any portion thereof situated in Lower Macungie Township having a separate tax map parcel number for county assessment purposes.
TOWNSHIP
Lower Macungie Township, Lehigh County, Pennsylvania.
[Ord. No. 2021-07, 10/21/2021]
1. 
No person shall engage in business as a junk dealer in the Township without first having obtained a license from the Enforcement Officer.
2. 
The license shall be valid for each period beginning September 1 and ending August 31.
3. 
The license shall be renewed annually on or before September 1 of each year.
4. 
Each premises upon which a junkyard is operated shall require its own separate license.
5. 
No person shall engage in business as a junk dealer in any place other than the place designated upon the license or maintain a junkyard in any place other than the place designated upon his license.
6. 
The license is nontransferrable without prior approval of the enforcement officer.
[Ord. No. 2021-07, 10/21/2021]
1. 
Application for the issuance, renewal, or transfer of a license shall be made on a form or forms to be furnished by the Township and filed with the Enforcement Officer accompanied by the license together with a nonrefundable application fee.
2. 
The fee for applications pursuant hereto shall be in an amount as established, from time to time, by resolution of the Board of Commissioners, and may include a partial or pro rata fee for licenses obtained after September 1 of a given cycle.
3. 
Upon receipt of an application by the Enforcement Officer, the Enforcement Officer shall examine the application and the premises. Then, after taking into consideration the suitability of the property proposed to be used as a junkyard, the character of the properties located nearby, and the effect of the proposed use upon the Township, both economic and aesthetic, the Enforcement Officer shall timely issue or refuse a license, license renewal, or license transfer.
4. 
As part of the issuance of any license or license renewal, or the transfer thereof, the Enforcement Officer may impose reasonable conditions as may be deemed necessary to carry out the spirit and intent of this Part in addition to the regulations contained in § 10-106, including, but not limited to, the installation of fencing or screening of type, style and height to be determined by the Enforcement Officer and storage requirements for unique or dangerous junk.
[Ord. No. 2021-07, 10/21/2021]
Every person licensed under this Part shall maintain a book which contains the date and time of the purchase of any junk, a description of every item of junk received or purchased, and the location on the premises where the junk is stored. Upon demand, the person shall make the book available for inspection by the Enforcement Officer or any emergency personnel responding to an emergency on the premises.
[Ord. No. 2021-07, 10/21/2021]
1. 
Every person licensed under this Part shall at all times maintain the licensed premises in accordance with any special terms and conditions imposed by the Enforcement Officer pursuant to § 10-104, Subsection 4, as well as the following regulations:
A. 
The 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 the breeding of rodents or vermin.
B. 
No garbage or other organic waste shall be stored on such premises.
C. 
Any waste generated by the junkyard shall be managed in accordance with all applicable Township ordinances and federal and state regulations including, but not limited to, the Solid Waste Management Act, the Clean Streams Law, and the Air Pollution Control Act of the Commonwealth of Pennsylvania.
D. 
Automotive fluids (including, but not limited to, gasoline, oil, antifreeze, and brake, transmission, and similar fluids), Freon, and other flammable and/or toxic substances shall be removed from any junk stored on the premises and shall be properly containerized and stored. Under no circumstances shall these substances be released into the air or deposited on or into the ground or water courses. Removal of these substances shall take place on an impervious surface and in a location where any spill can be contained.
E. 
Batteries shall be removed from junk and safely stored until they can be disposed of or recycled in a timely manner.
F. 
No junk shall be stored closer than 150 feet to the top of the bank of any river, stream, spring or natural watercourse.
G. 
The manner of storage and arrangement of junk, 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 firefighting purposes.
H. 
If tires are stored outdoors on the premises, individual tire storage shall not cover a surface area great than 1,000 square feet; corridors of at least 50 feet shall be maintained as firebreaks on all sides of tire piles; no pile of tires shall be located more than 25 feet from a firebreak; and firebreaks shall be kept free at all times from obstructions, including, but not limited to, junk and vegetation that could limit access in the event of an emergency.
I. 
Except in junkyards established, maintained, used or operated by a person under a valid license issued by the Commonwealth of Pennsylvania, no junk shall be placed, parked or located upon such premises in the area of the front yard as defined and limited in the respective zoning district in which the premises is located by the Lower Macungie Township Zoning Ordinance, as amended, and no junk shall be placed, parked, or located within 25 feet of any side or rear boundary line of said premises or within 50 feet of said side or rear boundary line if the boundary adjoins a property either zoned or used for residential purposes.
[Ord. No. 2021-07, 10/21/2021]
Each violation of a section or subsection of this Part shall constitute a separate violation. Each day the violation persists shall then constitute a separate summary offense for which the maximum criminal fine of $1,000 and/or a maximum term of imprisonment of 90 days may be imposed upon conviction. The Township may also or in the alternative institute appropriate action or proceeding at law or equity for the enforcement of this Part or to correct any violation thereof. The offender shall also be assessed all court costs and be required to reimburse all attorneys' fees reasonably incurred by the Township in association with securing a conviction and/or related to any other proceedings instituted pursuant hereto.