[HISTORY: Adopted by the Board of Supervisors of the Township
of West Pike Run 8-12-1996 by Ord.
No. 1996-2. Amendments noted where applicable.]
This chapter shall be known and may be cited as "West Pike Run
Township Junk/Salvage Yard Ordinance."
A.Â
General terms. As used in these regulations, words in the singular
include the plural and those in the plural include the singular. The
masculine shall include the feminine and the neuter. The words "shall"
and "will" for the purpose of these regulations are defined as mandatory.
B.Â
BOARD
GARBAGE
ITINERANT PEDDLER
JUNK/SALVAGE
JUNK/SALVAGE DEALER
JUNKYARD/SALVAGE YARD
LICENSE
MACHINE
MACHINERY
PERSON
TOWNSHIP
Specific terms. As used in these regulations, additional specific
terms or words shall be defined as follows. Unless otherwise expressly
stated, the following definitions shall, for the purpose of these
regulations, have the meaning herein indicated. Any pertinent word
or term not a part of this listing but vital to the interpretation
of these regulations shall be construed to have its legal definition.
The Board of Supervisors of West Pike Run Township.
Any offal, vegetable refuse, lunchroom or office waste and
other material, including solid, liquid, semisolid or contained gaseous
material, resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities.
Any individual, group, organization, partnership, association,
firm or corporation, not residing in, or having a fixed place of business
within, the Township, that conducts, whether temporarily, ongoing,
regularly, irregularly or in any other manner, the storing, buying,
selling or dealing in any "junk" as defined in this chapter.
Any discarded material or article and shall include, but
not be limited to, scrap metal, abandoned or junked motor vehicles
or vehicle parts, machinery or machinery parts, papers, glass and
related items, containers, or partially dismantled structures or parts
thereof. It shall also include a partially dismantled motor vehicle
not bearing current registration plates and that is not in the process
of ongoing and immediate repair. It shall not include recyclable articles,
refuse and garbage kept in proper containers and properly disposed
of in a timely manner, farm machinery used in connection with a bona
fide farming operation or hazardous or toxic waste material.
Any person who shall engage in the business of selling, buying,
salvaging or dealing in junk including the operation of an auto wrecking
or salvage yard or business, or any person who shall keep or store
on any premises, for a period of more than 90 consecutive days, more
than two motor vehicles or bodies of motor vehicles, that are disabled,
or from which the wheels or engine have been removed, or that are
not in operating condition, or that do not have a current motor vehicle
license, or that do not have a valid Pennsylvania State Inspection
Sticker attached, or that have been stripped or dismantled.
The use of more than 200 square feet of the area of any lot,
whether inside or outside a building, or the use of any portion of
any lot that joins the street for storage, keeping or abandonment
of junk, including scrap metals, or for the dismantling, demolition
or abandonment of automobiles or other vehicles, machines or machinery.
The permit granted to a person who accumulates, stores or
disposes of junk as herein defined.
Any contrivance that serves to regulate the effect of a given
force or to produce or change motion; any organized system.
Machines in general, including the component parts thereof.
Includes any partnership, association, firm, corporation
and individual.
West Pike Run Township, Washington County, Pennsylvania.
A.Â
Requirement.
(1)Â
No person shall, from and after the effective date of this chapter,
keep, conduct or maintain any building, structure, yard or place of
keeping, whether temporarily, irregularly, or continually, for the
storing, piling, buying or selling at retail or wholesale or dealing
in any "junk/salvage" as herein defined, whether with a fixed place
of business or as an itinerant peddler, without first having obtained
and paid for a "junk/salvage dealer" license.
(2)Â
In addition, no person shall, from and after the effective date of
this chapter, keep, store or accumulate on his premises or the premises
of another, for a period in excess of 90 days, motor vehicles, or
bodies of motor vehicles, that are inoperable, or unlicensed, or that
do not have a current and valid inspection sticker, or that have been
stripped or dismantled without having first obtained and paid for
a "junk/salvage dealer" license. This regulation shall not apply to
operable vehicles classified as farm tractors, racing vehicles, antique
and classic motor vehicles, and other operative vehicles not subject
to state inspection requirements.
B.Â
Application. Every applicant for a license to engage in the business
of junk dealer shall file with the Township Secretary, upon a form
prepared and approved by the Township, signed by the applicant or
applicants. The license shall be issued by the Board after written
application shall have been made therefor by the person to whom such
license is to be given. Such license shall be posted conspicuously
upon the premises licensed. The applicant shall also submit therewith
a plot of the premises used or to be used in connection with such
licenses.
C.Â
Issuance. 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 and 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,
both economic and aesthetic. In the event the Board shall issue a
license, it may impose upon the license and the person applying therefor
such terms and conditions, in addition to the regulation herein contained
and adopted pursuant to this chapter, as may be deemed necessary to
carry out the spirit and intent of this chapter. Licenses shall be
issued upon the condition that the same may be summarily revoked in
the event the said licensee is found to have given any false information
or in any way misrepresented any material fact upon which the issuing
authority has relied in granting such license, in which event the
licensee shall not be entitled to a refund of any portion of a required
license fee.
D.Â
Guarantees.
(1)Â
The operator of a salvage/junkyard for which a permit is required
by this chapter, shall file with the Township of West Pike Run, a
bond for the land affected by such facility and based upon the total
estimated cost of completing final closure and guaranteeing such measures
as are necessary to prevent adverse effect upon the environment; such
measures shall include, but are not limited to, satisfactory monitoring,
post-closure care and remedial measures.
(2)Â
The bond shall be executed by the applicant dealer of the facility.
In the event the said premises are not owned by the applicant, the
bond shall be executed by the owner or owners of said premises as
well as by the applicant dealer.
E.Â
Fee. A license fee in accordance with a schedule set forth by the
Board shall be paid to the Township for the use of the Township at
the time the license is issued.
(1)Â
The license shall be issued for the twelve-month period beginning
January 1 and ending December 31 of the following year, and each license
must be renewed annually on or before the first of June of each year.
(2)Â
The license fee shall be paid immediately upon the issuance or renewal
of a license. The amount of the license fee shall be $200. No license
shall be issued for the use of a tract of land less than five acres
or in excess of 20 acres, excluding setback areas.
F.Â
Limitation. No person licensed under this chapter shall, by virtue
of one license, keep more than one place of business within the Township
or maintain more than one junkyard, for the purpose of buying, selling
and dealing in junk. No person shall engage in business as a junk
dealer in any place other than the place designated upon his license,
or maintain a junkyard in any place other than the place designated
upon his license.
G.Â
Transfer. No license issued by the Board shall be transferable by the licensee to any other person unless such a transfer is authorized by the Board. 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 § 177-3B of this chapter, by the transferee.
A.Â
Requirement. Every licensee hereunder shall provide and shall at
all times keep and maintain records, in the English language, at the
time of his purchase, acquisition or receipt of junk, a full and complete
description, including trade names, serial or manufacturer's numbers,
if any, of every article or item of junk purchased, acquired or received
by him, the date and approximate hour of such purchase, acquisition
or receipt, and the name and address of the person from whom such
article or item of junk was purchased, acquired or received. Such
written records shall at all times be subject to the inspection of
the Township Police for just cause. Such records shall be retained
for a period of three years.
B.Â
Identification. No person shall knowingly buy, sell, receive, dispose
of, conceal or have in his possession any motor vehicle, part or accessory
from which the manufacturer's serial number or any other number or
identification mark has been removed, defaced, covered, altered or
destroyed for the purpose of concealing or misrepresenting the identity
of such vehicle, part or accessory. If any salvage yard owner fails
to notify the West Pike Run Township Police Department of any violation
in this section under the pretense that the salvage yard owner had
already notified another agency (state police or other government
agency), they will be held in violation.
C.Â
Retention. Every person licensed under this chapter shall keep and
retain upon the licensed premises, for a period of 24 hours after
the purchase or receipt thereof, all junk 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 24 hours shall have
elapsed.
Every person licensed under this chapter shall develop and operate
the licensed premises in accordance with the following requirements:
A.Â
Area. No tract of land less than five acres, or more than 20 acres,
excluding all required setback areas, shall be licensed or utilized
as a junkyard. Minimum front lot width shall be 150 feet at the property
line.
B.Â
Property setbacks. The premises to be licensed shall be set back
a minimum distance of 100 feet from the right-of-way on all streets
or roads and a minimum distance of 50 feet from all other property
lines. Areas between the setback line and the right-of-way, and between
property and setback lines shall be kept clear of all storage and
operations at all times.
C.Â
Environmental setbacks. All storage and operations shall be set back
a minimum distance of 50 feet from all known floodplain elevations,
wetland areas, streams, creeks and other natural waterways.
D.Â
Highway setbacks. Setbacks of 660 feet shall be maintained from the
right-of-way line of all Federal-Aid or other limited access highways.
E.Â
Parking. All parking in association with the junkyard and any related
operations shall be accommodated on site, exclusive of any required
setback areas.
F.Â
Access. Site access points shall be designed to accommodate emergency
fire and rescue vehicles. Separate or common entrance and exit points
shall be permitted; however, no such entrance or exit shall exceed
30 feet in width. Site access shall be designed to preclude the stacking
or maneuvering of vehicles on adjacent public right-of-ways.
G.Â
Safety. Every structure erected upon or remodeled for use in connection
with the licensed premises shall be constructed or remodeled with
nonflammable material so as to be fire resistant as that term is defined
by the regulations of the Department of Labor and Industry of the
Commonwealth of Pennsylvania concerning the prevention of fire and
panic.
H.Â
Fencing.
(2)Â
The foregoing provisions shall be applicable only to those portions
of the premises being used for operations or the storage of junk and
shall not be applicable to the balance of the property owned or used
by said junkyard operator so long as said remaining portion of land
is not being used for the storage of junk as defined in this chapter.
(3)Â
The fence shall be a metal chain-link fence of at least 12 gauge
thickness and supported on steel posts. Such fence shall not be less
than eight feet in height, nor shall two or more vehicles or major
parts thereof be stacked on top of one another or otherwise so as
to protrude above it.
I.Â
Screening.
(1)Â
Where any side of the premises adjoins a residential dwelling, church,
school or public building now existing or constructed in the future,
and said structure is within 50 feet of said side, a landscape screen
shall be established along the adjoining side for a reasonable distance.
It is further provided that the foregoing screening provision shall
be applicable only to that portion of the adjacent premises being
used for the storage or junk or related operations and shall not be
applicable to the balance of the property owned or used by said junkyard
operator so long as said remaining portion of land is not being used
for the storage of junk as defined in this chapter.
(2)Â
The screen shall have a height adequate to achieve its purpose. Plant
materials used for screening shall consist of dense evergreen plants.
They shall be of a kind, or used in such a manner, so as to provide
a continuous opaque screen within 24 months after commencement of
operations in the area to be screened. The Board shall require that
either new planting or alternative screening be provided if, after
24 months, the plant materials do not provide an opaque screen.
J.Â
Landscaping. Setback areas adjacent to public right-of-ways and occupied
adjoining property shall be planted with an all season ground cover
and shall be landscaped with trees and shrubs in accordance with an
overall landscape plan. A replacement program for nonsurviving plants
shall be included.
Every person licensed under this chapter shall constantly maintain
the licensed premises in accordance with any special provisions imposed
by the Board and in the manner prescribed by this section and any
subsequent regulations adopted by the Board.
A.Â
Maintenance. Such 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 and
vermin.
B.Â
Garbage. No garbage, organic waste or toxic or hazardous material
shall be stored on such premises.
C.Â
Motor vehicle handling. All gasoline, fuel oil, crankcase and gear
lubricants, coolants and related products contained in vehicles received
on the premises shall be handled and stored in a safe manner in accordance
with applicable local, state (DER) and federal regulations. No such
materials shall be permitted to drain onto ground or water surfaces
in a manner that would constitute environmental degradation or related
hazard.
D.Â
Storage.
(1)Â
The manner of storage and arrangement of junk and the drainage facilities
of the premises shall be such as to prevent the pollution of springs
and streams, to prevent the accumulation of stagnant water upon the
premises, and to facilitate access for inspection purposes and firefighting. All junk and vehicles on
the licensed premises shall be arranged and maintained in a neat and
orderly fashion. All such vehicles and other junk are to be arranged
in rows with a minimum of 15 feet of clear space between each row
and each of said rows to be no greater in width than 40 feet.
(2)Â
Up to three vehicles or major parts thereof, if crushed, may be stacked
on one another if said stacking is on a level surface and accomplished
in a manner that precludes slipping, tipping or similar unsafe conditions.
A maximum of two uncrushed vehicles may be stacked.
E.Â
Burning. No burning of vehicles, oil, grease, tires, gasoline or
other similar materials shall be burned within a junkyard at any time.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof by a summary proceeding, be sentenced
to pay a fine of up to $300 and the cost of prosecution, and, in default
thereof, to be sentenced to a term of imprisonment in the Washington
County Jail for up to 90 days, provided that each day's violation
of any of the provisions of this chapter shall constitute a separate
offense.
The Board shall have authority to grant variances to dealers
properly licensed under this chapter, from the provisions as set forth
herein, as the circumstances, and in the Board's sole judgment may
require, in order to avoid undue hardship or an unrealistic application
of the provisions of this chapter. The decision of the Board in granting
or refusing to grant a variance shall be exclusive and final. No variance
shall be granted that is not in harmony with this chapter and all
other ordinances of the Township.
The Township Police or a representative duly authorized by resolution
of the West Pike Run Township Board of Supervisors shall, from time
to time, regularly inspect the premises of every licensee hereunder
for the purpose of determining whether said licensee has established
and maintained his premises in full compliance with the provisions
of this chapter and such rules and regulations that may hereafter
be adopted by the Township of West Pike Run regulating and licensing
junk dealers and the establishment and maintenance of junkyards.
In addition to the remedies provided in § 177-7, above, any continued violations of this chapter that shall constitute a nuisance in fact or that shall in the opinion of the Board constitute a nuisance may be abated by proceeding against the violator in a court of equality for relief.
If any section of this chapter shall be found to be invalid,
the other sections of this chapter shall not be affected thereby.
The West Pike Run Township Police Department shall have the
authority to, and is therefore authorized to, enforce this chapter
by initiating summary criminal proceeds for violations of any of the
provisions of this chapter. The enforcement authority of the West
Pike Run Township Police Department given shall in no way be construed
to limit the authority of the West Pike Run Township Supervisors to
initiate any suits in law or equity or otherwise to secure compliance
with the provisions of this chapter.