Except where permitted or otherwise authorized by special exception or conditional use in a district of the Township, after enactment of this article:
No person shall store, maintain, accumulate or keep any dismantled or partially dismantled vehicle, or a vehicle valueless except for salvage, or parts thereof, except in compliance with this article or upon open private grounds in the Township.
No person shall engage in the business of buying and selling junk or to accumulate, salvage, collect, store or dispose of junk in the Township without first obtaining a license to do so.
No person shall operate or maintain a junkyard in the Township without first obtaining a license to do so.
No person shall operate upon any of the streets, roads, alleys and ways of the Township of Shaler, whether from a vehicle or upon foot, as a scavenger or an itinerant buyer or seller of junk.
No person shall engage in business as a junk dealer in any place other than the place designated upon his license.
No person shall have, keep, store or maintain any motor vehicle, construction equipment, farm machinery or equipment, or motorcycles on any public land in the Township of Shaler.
No person shall place, cause to be placed or suffer to remain on any private or public property within the Township of Shaler any accumulation of ashes, garbage, rubbish, tires and rims and other refuse materials, including but not limited to abandoned refrigerators, hot-water heaters and tanks, furnaces, appliances and other scrap metal and lumber. Nothing herein shall be construed to prohibit the filling of land areas with earth, rocks and masonry.
From and after the enactment of this article, in all residential zoning districts:
No person shall accumulate or store junk in any residential area unless stored within a lawful, enclosed building or structure or screened by a lawful fence or within a trash receptacle in such a manner as to not be visible from beyond the lot boundaries.
No person shall park, store or keep, or permit any person to park, store or keep, any vehicle in which junk is being transported, conveyed or hauled on any residential lot or on any street adjacent to said lot in the Township between the hours of 6:00 p.m. and 7:00 a.m. unless the vehicle is parked, stored or kept within a lawful, enclosed building or structure or unless excavation, construction or demolition operations covered by an active building or demolition permit are in progress on the lot.
No person shall accumulate or store any junked, abandoned or discarded vehicle, trailer, boat, appliance or house furnishings on private or public property within any residential zoning district in the Township.
On and after the effective date of this article, no person shall engage in or continue to engage in business as a junk dealer or operate a junkyard in the Township except as authorized by this article and without first having obtained a license therefor from the Township.
Application for a license to engage in business as a junk dealer or to establish or operate a junkyard in the Township shall be made in writing by the applicant under oath and in the form prescribed by the Township and shall contain the name and address of the applicant. The application shall also contain the address and description of the premises upon which the junkyard is to be operated, the names and addresses of any owner or owners of said property if other than the applicant, any structures erected on the premises and a description of the operation plan for said junkyard. If the applicant is a partnership or association, the application shall furnish the names and addresses of all partners. If the applicant is a corporation, the application shall furnish the names and addresses of each officer and director thereof. The application shall be signed by the applicant, if the applicant is an individual; by all members of the association or partnership, if the applicant is an association or partnership; or by the president and attested by the secretary, if the applicant is a corporation. In addition, any license application for the creation, expansion or modification of a junkyard shall include a plan detailing the proposed junkyard and shall include:
Location of public rights-of-way;
All structures within 300 feet of the junkyard;
Current and proposed structures;
Gross acreage of the site;
Owner's name and address;
The applicant's name and address; and
The preparer of the plan's name and address.
The Township Board of Commissioners may require additional information regarding the plans, depending on site-specific concerns such as topography or neighboring properties. All permits and applications shall include payment of the applicable permit fee.
A bond in the penal sum as set from time to time by resolution of the Board of Commissioners shall accompany every application for license. The bond shall be executed by a surety company authorized by the laws of Pennsylvania to transact business within the Commonwealth of Pennsylvania. The Township may, in lieu of such surety bond, accept a bond executed by the applicant for license if such bond is secured by the deposit with the Township Secretary of a cashier's check, treasurer's check or certificate of deposit of a banking institution in the total sum as set from time to time by resolution of the Board of Commissioners. The bond shall be renewed and refiled annually, not later than January 1 of each year. The bond shall be executed in favor of the Township of Shaler and shall be for the use of the Township. The term of the bond shall be for one year. A condition of the bond shall be that the applicant shall comply fully with the Comprehensive Emergency Response Compensation and Liability Act of 2000 (42 U.S.C. §§ 9601 to 9675), the Pennsylvania Sites Cleanup Act (35 P.S. §§ 6020.101 to 6020.1305), and all other federal or state brownfields acts so that the property, the expansion, redevelopment or reuse of which is not complicated by the presence or potential presence of hazardous substances, pollutants or contaminants and to further guarantee that any obsolete or unused junkyard, junkyard facility and hazardous substance, pollutant and contaminant shall be removed completely within six months of cessation of use at the sole cost and expense of the applicant. It shall be a further condition of the bond that if, upon and after the issuance of such license, said licensee shall fully and faithfully observe and comply with all of the provisions of this article, all state and federal environmental and pollution statutes and any rules or regulations promulgated by virtue hereof by the Township Board of Commissioners, then the obligation of said bond shall be void; otherwise, it shall remain in full force, virtue and effect.
The license provided for in this article shall be issued by the Township after application shall have been made therefor by the person desiring to be licensed. Such license shall state the name of the person to whom such license is issued and the premises from which such business is to be conducted. Such license shall be posted conspicuously upon the premises licensed thereunder. The name of the licensed junk dealer and the number of the license under which he operates shall be placed conspicuously on the outside of every vehicle used for business purposes by such dealer.
The Township shall not issue a license to an applicant to operate or maintain a junkyard in the Township unless the junkyard meets the following conditions:
Junkyards shall be set back at least 500 feet from any preexisting single-family residential district, multifamily residential district, school, church, public building, public recreation facility, hospital, nursing home or day-care facility. On-site residences of the owner or operator are exempted from this provision.
Junkyards shall have a minimum setback from the front property line to the fence of 20 feet. There shall be a minimum setback from the side and rear property lines to the fence of 15 feet.
The junkyard shall comply with all state and federal statutes and shall not be visible from a state or federally funded or maintained thoroughfare at any time of year.
Junkyards shall be surrounded by an opaque wood or masonry fence at least six feet in height.
In addition to the fence, junkyards shall be completely surrounded by vegetation that provides a year-round opaque screen that may reasonably be expected to be at least six feet tall within two years of planting. Plants shall be placed at regular intervals so as to provide a continuous hedgerow without gaps or open spaces. The vegetation shall be maintained as a continuous unbroken hedgerow for the entire period the property is used as a junkyard and shall be planted not more than four feet outside of the required fence. Dead or diseased foliage shall be replaced at the next appropriate planting time. Each owner, operator or person who maintains a junkyard shall use good husbandry techniques, such as pruning and fertilizing, to maintain maximum density and foliage.
The required fence shall enclose all operations, equipment, junk and inoperable motor vehicles at all times unless the junk, equipment or inoperable motor vehicles are in transport to or from the site.
All junkyards shall be maintained to protect the public from health and safety nuisances and hazards.
Types of maintenance actions may include upkeep of the vegetative screen, maintenance of the fence so that there are no holes, keeping all junk and operations within the confines of the fence and keeping machinery in good working order.
No license issued under this article shall be transferable or assigned or used by any person other than the person to whom it was issued, and no junk dealer's license issued shall be used at any location other than the location prescribed in the application upon which it is issued.
When a junkyard is sold, the new owner shall promptly notify the Township of any change in ownership and shall apply for a transfer of license prior to operating or maintaining said junkyard.
Every junk dealer or person operating or maintaining or intending to establish or maintain a junkyard shall pay an annual license fee as set forth from time to time by resolution of the Board of Commissioners for every license or renewal thereof issued hereunder. All licenses shall be issued for a term of one year, beginning January 1 and ending December 31 of such year, provided that, in any case where a junk dealer's business shall be established in the Township on or after the first day of July in any year, the license fee payable by such junk dealer for the remainder of such year shall be at half the yearly rate. All licenses must be renewed annually on or before January 1 of each year. Such license shall be issued upon the condition that the same may be summarily revoked in the event the licensee is found to have given any false information or in any way misrepresented any material fact upon which the Township has relied in granting such license. No refunds will be given in such case.
No person licensed under this 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.
Every junk dealer shall provide and shall at all times keep and maintain a book, in which shall be recorded, in the English language, at the time of purchase or receipt of any junk, a description of every article or material purchased, acquired or received by him, the date and hour of such purchase, acquisition or receipt, and the name and address of the person from whom such article or material was purchased or received and 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. Such book and all junk purchased, received or handled by any junk dealer shall at all times be subject to inspection by the Chief of Police or any other official of the Township. Such records shall be retained for a period of five years.
Every licensee hereunder shall keep and retain upon the licensed premises, for a period of 24 hours after the purchase, acquisition or receipt thereof, every item or article of junk so purchased, acquired or received by him and placed, kept or stored on the licensed premises. The licensee shall not disturb or reduce or alter the original form, shape or condition of the same until such period of 24 hours has elapsed, except as otherwise provided.
Every license hereunder shall constantly maintain the licensed premises in the manner hereinafter prescribed.
Such premises shall at all times be maintained so as not to constitute a nuisance or a menace to the health and welfare of the community or to residents nearby or a place for the breeding of rodents and vermin.
Such premises shall at all times be maintained in strict conformity with all applicable provisions of the Property Maintenance Code of the Township.
No garbage or other organic waste shall be stored in such premises, and the area used by the junkyard shall not be used as a dump area for trash or garbage.
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.
Fire lanes with a minimum of 20 feet shall be maintained so that no area of junk shall span a distance of more than 50 feet.
All batteries, coolants, gasoline, diesel fuel, engine oil, any other petroleum product and any other noxious or potentially contaminating materials shall be removed from all junk within 24 hours of arrival to the premises and shall be disposed of in a manner strictly complying with all local, state and federal requirements.
Any activity or operation within the junkyard generating or likely to generate significant noise or vibration, including but not limited to the crushing of vehicles or other material, shall be limited to the hours of 7:00 a.m. to 5:00 p.m.
Every junkyard in the Township shall at all times be subject to inspection during reasonable hours of the day by the Code Enforcement Officer, who is hereby empowered to inspect private property on which motor vehicles and/or junk are stored and who 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 article and such rules and regulations which may hereafter be adopted by the Township of Shaler regulating and licensing junk dealers and the establishment and maintenance of junkyards.
The Code Enforcement Officer shall not less than twice yearly furnish to the Township Board of Commissioners a report of such inspections, in writing, and in the form prescribed by the Board of Commissioners.
All burning of junk, rubbish or other material in any junkyard is prohibited except in full compliance with Chapter 95 of the Township Code (relating to outdoor burning).
No junk, scrap or automobile bodies, motors or any other item of junk as defined in this article shall be stored, maintained, situated, placed or otherwise located within 200 feet of any river, stream, run, creek, irrigation ditch or any other natural watercourse within the boundary lines of Shaler Township.
Nothing herein shall authorize or permit the conduct of any business anywhere in the Township where the same shall not be a permitted use under the terms of this chapter or where the same shall be a prohibited use under this Chapter 225, Zoning, and under no conditions may a person operate or maintain a junkyard in any Residential, Cemetery, Neighborhood Shopping or General Commercial District in the Township.