[HISTORY: Adopted by the Board of Supervisors of the Township
of Fairview 12-14-1998 by Ord. No. 98-12 (Ch. 13, Part 1, of
the 1991 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
This chapter shall be known and may be cited as the "Fairview
Township Junkyard Ordinance."
The purpose of this chapter is to regulate and license junk
dealers and the establishment and maintenance of junkyards and scrap
yards.
A.
BOARD
FARM MACHINERY
HAZARDOUS WASTE
JUNK
JUNK DEALER
JUNKYARD
LICENSE
MOTOR VEHICLES
PERSON
PREMISES
SOLID WASTE
TOWNSHIP
As used in this chapter, the following terms shall have the meanings
indicated:
The Board of Supervisors of Fairview Township, York County,
Pennsylvania, its designated agents, representatives and/or employees.
All types of machinery and equipment which are originally
manufactured for farm use and which have been used for agricultural
purposes.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution control facility and other discarded material, including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining or agricultural
operations, and from community activities or any combination of the
above (but does not include solid or dissolved materials in domestic
sewage or solid or dissolved materials in irrigation return flows
or industrial discharge which are point sources subject to permits
under § 402 of the Federal Water Pollution Control Act,
as amended (86 Stat. 880), or source, special nuclear or by-product
material as defined by the United States Atomic Energy Act of 1954,
as amended (68 Stat. 923), which because of its quantity, concentration
or physical, chemical or infectious characteristics, may: cause or
significantly contribute to an increase in mortality or an increase
in morbidity in either an individual or the total population; or pose
a substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, disposed of or otherwise
managed. The definition of "hazardous waste" set forth in the Solid
Waste Management Act is incorporated by reference (35 P.S. § 6018.103).
Discarded materials, articles or things, or materials, articles
or things which were purchased for salvage or scrap value, or which
were collected or obtained at no charge or which were collected or
obtained for a fee by the prior owner for the purpose of disposal
or recycling including, but not limited to, metal, paper (including
newspaper), rags, glass, plastic, rubber, fibers, fabric, rope, cans,
bottles, cardboard, lumber, wood, building materials, inoperable motor
vehicles, motor vehicle parts, trailers, machinery and equipment,
household appliances or parts of any of the above, held by a person
for resale and/or reuse.
Any person, firm, partnership or corporation who buys, sells,
savages, stores or accumulates junk or who allows anyone to buy, sell,
salvage, store or accumulate junk on real property owned by such person
within the Township. The term "junk dealer" includes any person who
shall store or accumulate upon his or another's premises or who
shall permit the storage or accumulation upon premises owned by him
any two or more inoperable or unlicensed motor vehicles or such vehicles
that do not have current and valid inspection stickers as required
by the motor vehicle laws of the Commonwealth of Pennsylvania, or
who shall store or accumulate upon his or another's premises
or who shall permit the storage or accumulation upon premises owned
by him any four or more inoperable pieces of farm machinery; providing
that any person who operates an existing or after established garage,
service station or repair facility shall not be classified as a "junk
dealer"; provided, that the operator of said garage, service station
or repair facility is not storing vehicles for parts and that the
garage, service station or repair facility does not fit within the
definition of "junkyard."
Any place or establishment where junk, as herein defined,
is stored, kept, accumulated or disposed of or upon which one or more
acts of buying, selling, offering for sale, salvaging, storing, dismantling
or processing of junk occurs, whether or not such operations are conducted
for profit, or any premises having two or more unlicensed or inoperable
motor vehicles or such vehicles that do not have current and valid
inspection stickers as required by the motor vehicle laws of the Commonwealth
of Pennsylvania. The term "junkyard" shall not include premises operated
as garages, service stations or repair facilities where not more than
two inoperable, unlicensed or uninspected vehicles are stored at one
time, where no one vehicle is stored for more than 30 days, where
the total storage time for all such vehicles does not exceed 120 days
per year and where such vehicles are not being stored for salvage
purposes.
The permit granted to a person who accumulates, stores or
disposes of junk as hereinbefore defined.
All types of automobiles, trucks, trailers, tractors, motorcycles,
all-terrain vehicles, snowmobiles and all other self-propelled machinery
of all kinds, with the exception of farm machinery.
Any individual or individuals, partnership, association,
firm, company, corporation or other legal entity, including the partners,
officers and directors thereof.
Any parcel or tract of land situated in the Township having
a separate Tax Map parcel number for County assessment purposes.
Any waste including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semiliquid or contained
gaseous material. The definition of "solid waste" set forth in the
Solid Waste Management Act is incorporated by reference (35 P.S. § 6018.103).
Fairview Township, York County, Pennsylvania.
B.
In this chapter, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
A.
It shall be unlawful for any person to engage or continue to engage
in business as a junk dealer or establish, own or operate or continue
to establish, own or operate a junkyard in the Township, except as
authorized by this chapter and without first having obtained a license
therefor from the Township.
B.
Any person desiring to continue to operate an existing junkyard or
to establish a new junkyard shall first make written application to
the Township on a form prepared and made available by the Township
for such purposes, submitting are required fees therefor. A separate
application shall be required for each junkyard site.
C.
Upon an applicant's submission of an application for a junkyard
license, the Township's Zoning/Code Enforcement Officer or other
Township designee shall have the right and is hereby authorized to
enter the premises upon which any business subject to the provisions
of this chapter is conducted, or about to be conducted, to inspect
same at reasonable times to determine compliance with the terms of
this chapter. The Zoning/Code Enforcement Officer or other Township
designee shall have 60 days from the receipt of an application for
a license to review same, to inspect the operation of the junkyard/junk
dealer business and to inspect the operation and to inspect the premises
upon which the business is conducted or about to be conducted and,
thereafter, to issue or deny issuance of a license. When the site,
all current operations and the application are found to be in compliance
with the provisions herein set forth, the Zoning/Code Enforcement
Officer or other Township designee shall issue a license to the applicant
for the proposed site as described in the application. When the site,
any current operations and/or the application are found not to be
in compliance with the provisions herein set forth, the Zoning/Code
Enforcement Officer or other Township designee shall refuse to issue
a license and, in such event, provide the applicant with a statement,
in writing, setting forth the reasons for such denial.
D.
Upon receipt of a notice of denial of an application for a license,
an applicant shall have 30 days to file an appeal thereto, in writing,
with the Township Board of Supervisors. The Board of Supervisors shall
conduct a hearing on the applicant's appeal in accordance with
the provisions of the Local Agency Law[1] within 30 days of its receipt of said appeal.
[1]
Editor's Note: See 2 Pa.C.S.A § 551 et seq.
E.
All licenses shall be for a period of one year only, with each application
for renewal subject to the terms and conditions hereof. All requests
for renewals shall be submitted on the application form made available
by the Township and shall be subject to complete reexamination and
consideration by the Zoning/Code Enforcement Officer or other Township
designee for continued compliance with the terms hereof.
F.
The applicant for a license shall submit with the application a license
fee, which shall be calculated in accordance with the schedule from
time to time established by resolution of the Township.[2] All such fees are due, payable to and for the use of the
Township at the time of application. In case of the refusal of a license,
the Township shall return a portion of the license fee in accordance
with the fee schedule established by the Township. Once a license
has been issued, there shall be no abatement of the annual license
fee for any cause whatsoever.
A.
No person licensed under this chapter shall, by virtue of one license,
operate more than one business or junkyard within the Township. No
person shall engage in business or operate a junkyard at any place
other than the place designated by his license. Licenses are nontransferable,
both as to junk dealer and junkyard premises. The permitted size of
a junkyard shall be fixed at the time of license issuance. Any expansion
of a permitted facility shall necessitate that a new application be
submitted for the premises to be used as a junkyard and all such expanded
sites must be operated and maintained in accordance herewith.
B.
The license under which the junkyard is operated shall at all times
be conspicuously posted on the licensed premises and the operating
requirements as herein provided shall be complied with.
C.
Permanent records of all junk received and/or removed from any junkyard
shall be kept by the junk dealer on the premises, containing the name
and address of any person to whom any junk has been acquired or received;
the name and address of any person to whom any junk has been sold
or transferred; the date of each transaction (whether the acquisition
or conveyance of junk); a complete description of the junk acquired
or conveyed. All such records shall be retained for a period of three
years and shall be open to inspection at all reasonable times by Fairview
Township or its agent and by any law enforcement officer.
D.
Manner of storage of junk in junkyards. All junk in junkyards licensed
under this chapter shall be stored as herein provided.
(1)
For junkyards existing as of the effective date hereof, all junk
shall be set back at least 25 feet from any lot line and at least
25 feet from the nearest easement or right-of-way of any public street,
road or highway.
(2)
For junkyards established after the effective date hereof, the junkyard shall comply with all regulations pertaining to junkyards set forth in Chapter 300, Zoning, except where the regulations in this chapter are more restrictive, in which case this chapter shall apply.
(3)
All junk shall be stored and arranged so as to permit inspection
and access by firefighting equipment. All junk, including junked motor
vehicles, shall be spaced in rows with a least 20 feet between double
rows. Each row of junk shall be no greater than 40 feet in width.
(4)
Junk shall be arranged so as to prevent the accumulation of stagnant
water and shall be stacked to a height of not more than six feet from
the ground.
(5)
All gasoline, oil, air-conditioning refrigerant or any similar potentially
hazardous liquids shall be drained from junk within 24 hours of arrival
on the premises. Such liquids shall be stored in a secure location
on the premises and shall be disposed of as required by law. Such
liquids shall not be deposited on or into the ground.
(6)
There shall be no burning of any materials including, but not limited
to, junk, refuse or solid waste or any type at a junkyard licensed
under this chapter.
(7)
Garbage, organic wastes and trash shall not be received or stored
in any junkyard. Any garbage, organic waste or trash received as part
of, or mixed with, junk materials shall be promptly separated and
disposed of off the licensed premises within 10 days.
(8)
No junk shall be stored or accumulated within 100 feet of any river,
stream, creek, pond, lake or wetland, or within the one-hundred-year
floodplain thereof, whichever is greater.
(9)
All grass, weeds and vegetation on the premises, excluding trees,
bushes and shrubs, shall be kept at a height no greater than six inches.
(10)
No junk shall be permitted to be blown or scattered by the wind
on adjoining premises or public streets.
(11)
No hazardous waste shall be received or stored on the licensed
premises.
E.
Fencing and screening; maintenance. Every junk dealer licensed under this chapter shall enclose and maintain his junkyard as herein provided and, in addition, shall comply with all screening and buffer requirements set forth Chapter 300, Zoning.
(1)
The portion of the licensed premises used as a junkyard shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of Subsections D(1) and (2) of this section and shall be six feet in height. Such fence shall be made of wood, metal, masonry, chain link with metal or vinyl woven slats or other material which provides a solid surface incapable or intrusion by adults or children. Entrance gates shall be of similar materials, well constructed and shall be kept securely locked, except during business hours. Fencing shall be maintained in good condition throughout its length at all times.
(2)
All open areas between the fence and lot lines of the premises shall
be maintained in a vegetative ground cover, with all grass and weeds
kept at a height of no greater than six inches.
(3)
The fencing provisions hereof shall be applicable to that portion
of the licensed premises being used directly for the storage of junk
and shall not be applicable to the balance of the premises not so
used; provided, however, that any expansion of the area used for the
storage of junk shall be subject to the fencing requirements hereof.
(4)
All junkyards shall be maintained in such manner so as not to cause
a public or private nuisance. Said premises shall not cause any menace
to the health or safety or persons off the premises. Nor shall they
cause any excessive or offensive or noxious odors or sounds. Nor shall
they cause the breeding, harboring or infesting of rats, rodents or
vermin. Nor shall they be in violation of any health or sanitation
law or ordinance or regulation of any governmental body.
(5)
All junkyards existing as of the effective date hereof shall be enclosed
by a fence hereby required within six months after said date.
F.
Right of entry for inspection; additional regulations authorized.
Every junk dealer and junkyard licensed under this chapter is subject
to inspection by the Township, the Zoning/Code Enforcement Officer
of the Township or any other designated agent of the Township at any
reasonable time. The Township or its designated representative shall
be authorized to enter upon the premises currently licensed or for
which a license application is pending for the purpose of determining
compliance with the provisions of this chapter.
G.
Every junkyard shall provide one off-street parking space for each
employee per shift and shall provide one additional space for each
20,000 square feet of area or portion thereof used for the storage
or processing of junk.
A.
Junk dealers and junkyards lawfully existing and operating in the
Township on the effective date of this chapter shall be required to
comply with the provisions of and obtain a license under this chapter
within six months from the effective date. Any expansion of a preexisting
junkyard shall comply with all requirements and terms hereof prior
to the granting by the Township of a license for the expanded facility.
B.
Violation and penalties. Any person who is found in violation of
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than 600 and/or undergo imprisonment for
a term not to exceed 90 days. Each day that a violation of this chapter
continues shall constitute a separate offense.
C.
The Township, in addition to any other remedies available to it,
may take any appropriate action at law or equity, civil or criminal,
to enforce the provisions of this chapter or to enjoin or otherwise
restrain or prevent the violation of this chapter, and this chapter
shall in no way restrict any remedies otherwise provided by law.
