[HISTORY: Adopted by the Board of Supervisors of the Township
of Jackson 6-4-1968 by Ord. No. 2-68; amended in its entirety 9-6-2011 by Ord. No.
191-11. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Jackson
Township Junkyard Ordinance."
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated:
The Board of Supervisors of Jackson Township.
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 material or article and shall include but not
be limited to scrap metal, scrapped, abandoned, junked, damaged or
wrecked motor vehicles, machinery, equipment, paper, glass, containers
and structures. It shall not include, however, refuse or garbage kept
in a proper container for the purpose of prompt disposal.
Any person, as hereinafter defined, who shall engage in the
business of selling, buying, salvaging and dealing in junk or who
causes or permits damaged or wrecked motor vehicles to be stored upon
premises owned or occupied by him and who maintains and operates a
junkyard within the Township of Jackson.
Any lot, land, or structure, or part thereof, used primarily
for the collection, storage, and/or sale of scrap metal or discarded
material, or for the collecting, dismantling, storage, and salvaging
of machinery, equipment, junked or inoperable motor vehicles, and/or
for the sale of parts thereof. For all such uses, issuance of an annual
license shall be required according to the provisions of the Jackson
Township Junkyard Ordinance.
The permit granted to a person who accumulates, stores or
disposes of junk, as hereinbefore defined.
All types of automobiles, trucks and tractors, including
self-propelled machinery of all kinds with the exception of farm machinery.
Includes any individual, partnership, association, firm,
corporation or other legal entity.
Jackson Township, York County, Pennsylvania.
A.
No person shall engage in business as a junk dealer or maintain a
junkyard without first having obtained a license from the Board for
which license a fee in accordance with the schedule hereinafter set
forth shall be paid to the Township for the use of the Township. The
license shall be issued for the twelve-month period beginning July
1 and ending June 30 of the following year, and each license must
be renewed annually on or before the first day of July of each year.
B.
At least 30 days prior to the expiration of the current existing license year, each licensee shall file a written application for renewal of his license with the Township Zoning Officer which application shall contain an affidavit under oath by the licensee that he or she is not maintaining a junkyard within the Township in violation of the terms of this chapter or the terms and conditions imposed by the Board when the license was issued under the provisions of § 76-5 of this chapter. Upon receipt of an application for renewal of a license, the Supervisors or their designee may inspect the premises of the applicant, and the Supervisors shall have the right to grant or refuse a renewal of any license.
The license provided for in this chapter shall be issued by
the Board after written 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
on which such business is to be conducted or such junkyard is to be
maintained. Such license shall be posted conspicuously upon the premises
licensed thereunder. The written application for a license hereinabove
mentioned shall be accompanied by a form, every question of which
must be answered, which form will be supplied by the Township. The
applicant shall also submit therewith a plat of the premises used
or to be used in connection with such license. Application shall be
made at the Township Municipal Building during regular business hours.
After receipt of an application by the Township, 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 effects of the proposed use upon the Township, including environmental,
economic and aesthetic. In the event that 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 regulations herein contained
and adopted pursuant to this chapter as may be deemed necessary to
carry out the spirit and intent of this chapter.
The license fee shall be paid immediately upon the issuance
or renewal of a license. The amount of the license fee shall be calculated
in accordance with a schedule set from time to time by resolution
of the Board of Supervisors.
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 or her
license or maintain a junkyard in any place other than the place designated
upon his or her license.
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 the license shall notify the Board, in writing, which notification shall be accompanied by an application for a license as described in § 76-4 of this chapter by the transferee.
In the event that the Board shall approve the transfer of a
license, the transferee shall immediately pay to the Township a transfer
fee as set from time to time by resolution of the Board of Supervisors.
Every person licensed under this chapter shall provide and shall
constantly keep a book in which shall be fairly written down in English
language at the time of the purchase of any junk, a description of
every article or material purchased or received, the date and hour
of such purchase or receipt, and the name and address of the person
from whom such article or material was purchased, or received. Such
book shall at all reasonable business hours be subject to the inspection
of any official of the Township.
Every person licensed under this chapter shall keep and retain
upon the licensed premises for a period of 48 hours after the purchase
or receipt thereof all junk received or purchased by him or her, and
he or she shall not disturb or reduce the same or alter the original
form, shape or condition until such period of 48 hours shall have
elapsed.
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.
B.
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, vermin and/or mosquitoes.
C.
No garbage or other organic waste shall be stored in such premises.
D.
Motor vehicles.
(1)
Fluids. Whenever any motor vehicle shall be received in such premises
as junk, all of the following fluids shall be drained and collected
and reused, recycled or disposed of in conformance with current Pennsylvania
Department of Environmental Protection regulations and guidelines.
None of these fluids shall be disposed of into a septic system or
public sanitary sewer system:
(a)
Drained crankcase oil.
(b)
Hydraulic oil/fluid.
(c)
Brake fluid.
(d)
Oil recovered from steam cleaning.
(e)
Gasoline.
(f)
Antifreeze.
(g)
Transmission fluid.
(h)
Windshield washer fluid.
(i)
Wastewater recovered from steam cleaning.
[1]
Oil, antifreeze and gasoline should be drained and collected
from junk motor vehicles, then be reused or recycled properly. If
the fluids cannot be reused or recycled, they must be disposed either
as residual or hazardous waste.
[2]
Antifreeze should be recycled for reuse. Antifreeze should not
be disposed into a septic system.
[3]
Gasoline should be drained from junk motor vehicles and may
be used as vehicle fuel by the junkyard. If gasoline is to be stored
at a junkyard, the tank must comply with Pennsylvania storage tank
regulations. If gasoline is not used by the junkyard, it must be managed
as a hazardous waste because it is ignitable.
[4]
Brake fluids, transmission fluids, hydraulic oils and similar
fluids are wastes and must be managed as wastes.
[5]
Windshield washer fluid may be collected and reused.
(2)
Tires.
(a)
Stored tires present a fire hazard and may become a breeding
ground for mosquitoes. Tire management and permit requirements, available
from DEP, include allowable stockpile measurements, fire lane size,
storage time limitations, total waste tire site size restrictions
about location of tires and effective emergency management to avoid
tire fire hazards.
(b)
Tires should be sent for recycling or energy recovery as soon
as possible.
(3)
Batteries. Lead-acid batteries should be taken to a secondary lead
smelter for recycling. Disposal of lead-acid batteries at landfills
is prohibited. If batteries are cracked and/or leaking, they need
to be placed in sealable five-gallon buckets and managed as hazardous
waste per Pennsylvania DEP guidelines. Any spills shall be cleaned
up promptly.
(4)
Parts. All parts that are to be removed from a motor vehicle shall
be removed within six months of its coming into the junkyard; thereafter
the remaining body and/or frame shall be removed from the junkyard.
(5)
Permitted number. No junkyard shall at any time contain more than
100 motor vehicles.
E.
Drums/containers. The junkyard cannot accept drums containing any
type of waste material. All containers that are accepted shall be
empty and have been completely cleaned of previous contents.
F.
Appliances (white goods).
(1)
Refrigerant gases from refrigerators, freezers and air conditioners
must be captured and recycled or disposed and must not be vented to
the air.
G.
Wastewater runoff. When steam cleaning engines and parts, steam (water)
use must be kept to a minimum and collected as wastewater and disposed
of properly.
H.
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 fire-fighting
purposes.
I.
All junk kept, stored or arranged on the licensed premises shall
at all times be kept, stored and arranged within the junkyard as described
in the application for license hereunder.
J.
The area to be licensed as a junkyard shall be set back a minimum
distance of 100 feet from the right-of-way lines on all streets or
roads and a minimum distance of 75 feet from all other property lines.
The area between the setback line and the right-of-way line of all
streets and roads and all other property lines shall be, at all times,
kept clear and vacant of junk.
K.
When the Board shall deem it necessary and desirable, the premises
to be licensed shall at the setback lines be enclosed by a fence of
type and style to be determined by the Board or by evergreen screen
plantings, or both. The Board may set forth the fence and planting
requirements at the time of the issuance of a license or at the time
of renewal or transfer of a license.
L.
No open burning of waste materials or tires is permitted.
M.
Junkyards shall comply in all other respects with the requirements
for a junkyard set forth in the Jackson Township Zoning Ordinance.
A.
Any person who or which has violated or permitted the violation of
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $1,000 plus all court costs, including reasonable
attorney fees incurred by the Township as a result thereof. If the
defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable rules of civil
procedure. Each day that a violation continues shall constitute a
separate violation. In addition, if any licensee shall have been found
liable on two occasions of any violation of this chapter, the Board
shall have the power to revoke the license granted under the authority
of this chapter.
B.
All judgment, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid over to the Township.
In addition to the remedies provided in § 76-13 above, any continued violations of this chapter which shall constitute a nuisance or which shall in the opinion of the Board constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.
