[Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Junkyard Ordinance."
[Ord. 656, 4/9/2015]
Except where otherwise indicated by context, the following definitions
shall apply in the interpretation and enforcement of this Part:
Any discarded material, articles or things, including, but
not limited to, scrap, copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waster, iron, steel and other old or scrap ferrous
or non-ferrous material. Any wrecked, ruined, dismantled, abandoned,
non-operable, disabled or junked motor vehicles or parts thereof,
or motor vehicles no longer used as such.
See "license."
Any motor driven vehicle, regardless of size, which is incapable
of being self-propelled or is unable to move under its own power upon
the public streets of the Township or is incapable of being utilized
for its intended purpose; also included in this definition is any
trailer, semi-trailer or any other article which would be classified
as a vehicle, as well as any disabled, abandoned, non-operable, non-registered,
wrecked, ruined or dismantled motor vehicle.
Any yard, lot or place covered or uncovered, outdoors or
in an enclosed building, containing junk as defined herein, upon which
principally occurs one or more acts or buying, keeping, storing, accumulating,
dismantling, processing, recycling, salvaging, selling or offering
for sale, any such junk, in whole units or by parts, or any premises
used for the storage of two or more junked motor vehicles. This definition
shall not include a transfer station, licensed or permitted by the
Commonwealth of Pennsylvania, or a recycling center, licensed or permitted
by the Township.
Any person holding a valid, current license issued pursuant
to this Part.
Approval of the application by the Township Zoning Officer
which permits the applicant to develop his property as per the requirements
of this Part. Preliminary approval does not permit the applicant to
operate the junkyard or accumulate junk in the approved location.
See "junkyard."
The Township Zoning Officer duly appointed and/or designated
by the Township Manager, the authorized designee of the Township Manager
and/or the authorized designee of the Board of Supervisors.
[Ord. 656, 4/9/2015]
1.
License Required. No person shall establish, operate or maintain
or permit to be established, operated or maintained upon any property
owned or controlled by him, a junkyard within the limits of the Township
without having first secured a license from the Township Zoning Officer.
Such license shall be issued by the Township Zoning Officer in accordance
with this Part.
2.
Licensee with Multiple Locations. Any licensee establishing, operating
or maintaining a junkyard at more than one location shall be required
to have in effect a separate license for each such location.
3.
Licensing Period; Renewal; Posting. Each license issued pursuant
to this Part shall be valid for a period of not more than one year
from the date of issuance. Each such license shall be subject to annual
renewal provided applicable fees, fines and penalties have been paid
and provided the junkyard continues to be operated and maintained
in accordance with the provisions of this Part. A current license
shall be conspicuously displayed or posted upon the licensed premises
at all times.
[Ord. 656, 4/9/2015]
Every person seeking a license under this Part shall make written
application to the Township on a form to be provided by the Township.
A.
The application shall include the following information:
(1)
The name and address of the applicant, if the applicant is a
natural person; but if the applicant is another entity, the names
and address of all officers, directors, partners or natural persons
having primary responsibility for the lawful day-to-day operation
of the junkyard or scrap yard.
(2)
The names and addresses of the owner or owners of the land upon
which the junkyard is to be located.
(3)
Written consent of the owner or owners of the property, if different
from applicant.
(4)
A metes and bounds survey of the property showing the location of the property, together with a deed reference to the property, containing a layout of the proposed junkyard, and showing sufficient detail to establish compliance with this Part, the Zoning Ordinance [Chapter 27], as amended, the Subdivision and Land Development Ordinance [Chapter 22], as amended, and all other applicable ordinances, laws and regulations.
(5)
Plans and specifications for all fencing, water facilities,
screening, access driveways, sewage disposal system and stormwater
management.
(6)
Plans for the control of insects, rodents and vermin, and for
the prevention of infestation.
(7)
Any other information, in any format and in as many copies,
as the Township may from time to time require or deem necessary.
[Ord. 656, 4/9/2015]
Any person wanting to establish, operate or maintain a junkyard
within the Township must seek preliminary approval of an application
by submitting an initial application and application fee after which:
A.
The Township Zoning Officer shall review the application and plans
for completeness and for compliance with this Part, other Township
ordinances and regulations and, any state or federal laws or regulations.
B.
The Township Zoning Officer shall inspect the site, taking into consideration
the suitability of the property proposed to be used for the purposes
of the license, the character of the properties located nearby, and
the effect of the proposed use upon the Township, with specific reference
to the general health, safety and welfare of the public and the residents
of the Township.
C.
The Township Zoning Officer may impose, in addition to the general
requirements set forth in this Part, such other terms and conditions
as it may deem necessary to carry out the spirit and intent of this
Part and to effect the protection of the general health, safety, and
welfare of the public and the residents of the Township.
D.
After completion of the above items, and the determination by the
Township Zoning Officer that the applicant's plans and representations
comply with this Part and all other applicable ordinances, laws, rules
and regulations, the Township Zoning Officer shall issue in writing
a "preliminary approval" of the site.
E.
Preliminary approval shall be in writing, and shall contain a statement
that the application and plans as submitted are acceptable to the
Township Zoning Officer without modification; or shall contain a detailed
and itemized list of other terms, conditions and requirements which
must be met if the application is to be finally approved.
F.
Preliminary approval shall commit the Township Zoning Officer to
issue a license, pursuant to this Part, only after the site is, in
fact, in complete compliance with the terms of the preliminary approval
and the requirements of this Part.
G.
No junkyard, scrap yard or junk dealer shall conduct business on
the site until a license is issued.
H.
It shall be solely the obligation of the applicant to communicate
to the Township, within the preliminary approval period, that the
site has been made to fully comply with this Part and the terms, conditions,
and requirements of the preliminary approval.
I.
Preliminary approval shall be valid for not more than six months,
after which, if the site is not in full compliance with this Part
and all other terms, conditions and requirements of the preliminary
approval, the preliminary approval shall be revoked by the Township
Zoning Officer and the Township shall not thereafter be required to
issue a license automatically, at the expiration of six months.
[Ord. 656, 4/9/2015]
After a license has been issued for a junkyard in order to continue
the operation and maintenance of such junkyard, the licensee shall
be required to apply for license renewal on a form to be provided
by the Township. Such application for renewal shall be filed with
the Township within such time as to allow the Township an opportunity
for on-site inspection of the junkyard prior to the date on which
the license must be renewed; but in no event shall such application
be filed fewer than 60 days before the expiration of the current license.
The Board of Supervisors may, from time to time, establish rules and
regulations governing the application for and issuance of renewal
licenses.
[Ord. 656, 4/9/2015]
The following general requirements shall apply to all junkyards
licensed in accordance with the provisions of this Part:
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or menace to the health, safety or welfare of the community
and maintained so as not to provide a breeding place for insects,
rodents or vermin.
B.
No garbage or other organic waste shall be stored in open containers
on premises.
C.
All junk shall be stored and arranged so as not to interfere with
natural drainage of the land and shall be so stored and arranged as
to prevent the accumulation of stagnant water and to facilitate access
for firefighting purposes.
D.
Maintenance shall be such that any adjacent stream or body of water
shall not, be polluted or damaged by the drainage or dumping of organic
or inorganic waste materials or waste substances.
E.
Junk shall be stored in piles within the enclosed area not exceeding
eight feet in height. Junk shall be separated by alleys and arranged
so as to permit easy access to all such junk for firefighting purposes.
F.
No burning of junk, discarded materials or any other materials shall
occur on the premises.
G.
The business shall be conducted from a permanent building on the
premises.
H.
The licensee and operator must be authorized to collect Pennsylvania
sales tax prior to opening.
I.
No combustible material of any kind not necessary or beneficial to
the licensed business shall be kept on the premises, nor shall the
premises be allowed to become a fire hazard.
J.
No oil, grease, tires, gasoline, tar, petroleum products, shingles
or other similar material or junk shall be burned within a junkyard
at any time.
K.
The licensee shall permit inspection of the business premises by
the Township or its appointed representative at any reasonable time.
L.
Any property not provided for and approved by the Township with the
licensee shall not be utilized for junkyard operations.
M.
All oil, antifreeze, gasoline, transmission fluid and other vehicular fluids shall be drained from all vehicles before such vehicles are stored as scrap in the junkyard; and all such fluids shall be properly containerized, stored, transported and disposed of in the manner or manners prescribed by or consistent with regulations promulgated by the Pennsylvania Department of Environmental Protection in Title 25, Chapter 75, Pa. Code, relating to solid waste management, and in regulations promulgated by the United States Environmental Protection Agency at 40 CFR, subchapter I, Parts 240-280, relating to solid waste, or any other applicable laws or regulations pertaining to solid waste or solid waste management.
N.
All spare tires not being used for a useful purpose must be covered
by a tarpaulin and not left exposed to the weather or enclosed within
the structure.
O.
The licensee shall maintain a written record detailing the circumstances
of each and every sale, receipt or transaction occurring on the licensed
property including, but not limited to: (1) the date and time of each
sale or receipt of junk; (2) the name of each person from whom junk
was sold or received by the licensee; (3) a description of every article
or material purchased or received by the licensee; (4) a physical
description of any person from whom motor vehicles and/or parts thereof
were sold or received by the licensee; and (5) a complete description
of any motor vehicles and/or parts thereof that are sold and/or received
by the licensee, including the body style, make, model, color, license
number and vehicle identification number, trade name, part or manufacturer's
numbers for the motor, body, axle, coil, starter, carburetor, magnets,
steering gear and radiator any other serial numbers. This written
record shall at all times be available for inspection upon request
by any Township official, the Police Department, or any other municipal,
governmental or state official.
P.
The licensee shall keep and retain upon the licensed premises all
junk received or purchased by the licensee for a period of 48 hours
after the purchase or receipt thereof. The licensee shall not disturb,
dismantle, reduce or otherwise alter the original form, shape or condition
of any such junk until the above referenced forty-eight period has
expired.
Q.
Each individual licensed premises shall contain a minimum of 10 acres
and a maximum of 20 acres, and shall front on a public road or have
access to a public road by a right-of-way of at least 20 feet in width.
Where a junkyard fronts on or has access to a state highway, all proper
permits must be obtained from the Pennsylvania Department of Transportation.
[Ord. 656, 4/9/2015]
1.
The area used for a junkyard shall be completely enclosed with a
solid board or metal fence, not less than eight feet nor more than
12 feet in height with opaque screening and otherwise constructed
so that no dust or other material may pass through. All fences and
screening shall be of sufficient height to screen the junkyard from
view of adjacent properties and highways. All fences and screening
proposed must be approved by the Township Zoning Officer, who may
approve such fencing or screening as may be deemed necessary in view
of natural contours, features and requirements.
2.
The outer area of fencing and screening required by Subsection 1 above shall be landscaped and buffered as follows:
A.
A minimum of two rows of trees, shrubs or other vegetation, not less
than 50% evergreen materials, shall be planted to produce the effective
visual barricade.
B.
At least two different species of trees, shrubs or other vegetation
shall be utilized. Selected species shall exhibit different tolerances
to insects and disease.
C.
Species selected must be capable of producing the effective visual
barrier, 10 feet in height, within five years of planting.
D.
Prompt replacement of any dead species shall be required.
3.
4.
All entrances and exits into and from the salvage yard shall have gates which shall be closed and locked when the yard is not in operation. All entrances must meet the site distance requirements of the Pennsylvania Department of Transportation, the Zoning Ordinance [Chapter 27], the Subdivision and Land Development Ordinance [Chapter 22], and all other applicable laws, ordinances and regulations.
5.
Sufficient on-site parking will be provided for loading and unloading
vehicles as well as for employee and customer parking.
6.
It shall be the responsibility of the junkyard owner or operator to properly maintain fencing and screening required by Subsection 1, above, and doing such painting and repairs as to keep any fences, walls or other structural material in good appearance. Plant material required by Subsection 2, above, shall be watered, pruned, cultivated and mulched, treated for insect and disease control, and given any required maintenance to keep all plants in healthy condition. Dead plants shall be removed immediately and shall be replaced during the next spring or fall planting season. Replacement plants shall be at least as large as the initial plants and of the same species and quality, unless approval for substitution is received from the Township.
7.
Failure to maintain the required fencing, screening and landscaped
buffer shall result in the revocation of the junkyard license.
[Ord. 656, 4/9/2015]
The location of any junkyard must conform to any and all applicable
Township zoning regulations.
[Ord. 656, 4/9/2015]
All licensed junkyards existing prior to April 9, 2015, (the date of adoption of this Part) shall not be required to receive preliminary approval required by § 13-405 and shall be entitled to annual license renewals as long as the licensee and the licensed junkyard comply with the following regulations:
A.
Compliance with all applicable federal, state, county, Township and
other governmental laws, ordinances, regulations and permits.
C.
The licensed premises shall not be extended or enlarged unless the
licensee makes application for a new license and fully complies with
each and every provision of this Part for the entire site of the licensed
premises.
D.
The license shall not be assigned or transferred to any other person
unless the licensee makes application for a new license and the licensed
premises is brought into full compliance with each and every provision
of this Part for the entire site of the licensed premises.
E.
Any licensed premises that ceases to operate for a period of six
months shall result in the automatic revocation of the junkyard license
and such a premises shall not be used for a junkyard unless or until
the an application is made for a new license and the junkyard is brought
into full compliance with each and every provision of this Part.
F.
The provisions of this section shall not apply to any licensed junkyard
existing prior to April 9, 2015, (the date of adoption of this Part)
once that junkyard is brought into compliance with all other sections
of this Part.
[Ord. 656, 4/9/2015]
No license issued under this Part shall be assigned or transferred to any other person without the express written authorization of the Township. Any person wishing to transfer or assign such license shall make a written request to do so, directed to the Township Zoning Officer and setting forth the name and address of the transferee and the date the transfer is expected to be effective. Such written request shall be submitted together with a license application for the transfers pursuant to § 13-403 and a transfer fee, the amount of which shall, from time to time, be determined by the Board of Supervisors; and such transfer fee shall not be returned, whether or not the transfer or assignment of the license is authorized. Such written request must be submitted at least 60 days prior to the date the transfer is expected to be effective.
[Ord. 656, 4/9/2015]
The Township Zoning Officer shall suspend any license issued
hereunder upon failure of any licensee to comply with, or to maintain
compliance with, or for violation of any provision, standard or requirement
of this Part. The Township shall notify the licensee, in writing of
any section or sections of this Part which the Township or its representative
believes to have been violated. Any notice provided for herein may
also identify a reasonable period of time within which the licensee
may effect compliance without prosecution. Any notice provided for
in this section may be served personally upon the licensee; or may
be posted conspicuously upon the property for which the license has
been granted; or may be posted conspicuously at the address of the
licensee as shown on the application; or may be sent to the licensee
by certified or registered mail to the address shown on the application.
[Ord. 656, 4/9/2015]
Application fees, renewal fees, transfer fees and any other
fees shall be established, from time to time, by resolution of the
Board of Supervisors.
[Ord. 656, 4/9/2015]
The Board of Supervisors may, from time to time, prepare, review
or alter the rules and regulations reasonable and necessary to the
proper and effective administration of this Part. The Township Zoning
Officer may, from time to time, prepare, review or alter the application
for, renewal application for, and any other forms reasonable and necessary
to the proper and effective administration of this Part.
[Ord. 656, 4/9/2015]
1.
It shall be unlawful for any person to violate any of the provisions
of this Part.
2.
It shall be unlawful for any person to establish, operate or maintain
a junkyard, scrap yard or junk dealership after a preliminary approval
has been granted but before a license has been issued. It shall be
unlawful for any person to misrepresent material facts in any application
or renewal application submitted under this Part. It shall be unlawful
for any applicant or licensee to fail to notify the Township if said
licensee is ever cited by county, state or federal authorities for
alleged violations of law, rules or regulations relating to the operation
of junkyards.
[Ord. 656, 4/9/2015]
The Township Zoning Officer or any other representative of the
Township shall be permitted to enter and inspect the premises of any
licensee or any applicant for preliminary approval at any reasonable
time and with no notice.
[Ord. 656, 4/9/2015]
Any person, firm, or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $300 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist and for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation and the
service of any required notice of violation are hereby delegated to
the Township Manager, the Township Zoning Officer, the Code Official,
Police Department, the authorized designee of the Township Manager,
and to any other officer or agent that the Township Secretary or the
Board of Supervisors shall deem appropriate.
