Township of Upper Uwchlan, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Uwchlan at time of adoption of Code (see Ch. 1, General Provisions, Art I). Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 64.
Solid waste — See Ch. 148.
Zoning — See Ch. 200.

§ 94-1 Purpose.

The purpose of this article is to prohibit, regulate and license the establishment and maintenance of junkyards, salvage yards and other places used and maintained for the collection, storage and disposal of used or secondhand goods and materials in order to promote and protect the health, safety and welfare of the citizenry.

§ 94-2 Legislative authority.

The Second Class Township Code[1] confers the authority on the Board of Supervisors to prohibit, regulate, and license junkyards.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.

§ 94-3 Definitions and word usage.

A. 
As used in this article, the following terms shall have the meanings indicated, unless otherwise expressly stated:
BOARD OF SUPERVISORS
The elected officials of Upper Uwchlan Township, Chester County, Pennsylvania.
JUNK
Discarded material, including but not limited to scrap metal, abandoned or junked motor vehicles, machinery, equipment, paper, glass, containers or wood.
JUNK DEALER
Any person who buys, sells, salvages or stores junk in Chester County or owns, leases or operates a junkyard in the Township of Upper Uwchlan
JUNKYARD
Any place where any junk, as herein defined, is stored, disposed or accumulated. The term "junkyard" shall also include salvage yards.
PERSON
Any natural person, partnership, firm, company, or corporation.
POLICE DEPARTMENT
The officers and employees of the Police Department of Upper Uwchlan Township.
PREMISES
Any parcel of land or body of water and any buildings or structures situated thereon situated in the Township of Upper Uwchlan as identified by a tax parcel number assigned by the Chester County Assessment Office.
TOWNSHIP
Upper Uwchlan Township, Chester County, Pennsylvania.
B. 
In this article, words in the present tense shall include the future, words used in the singular shall include the plural, words used in the plural shall include the singular, the word "shall" is mandatory, the word "may" is permissive, and the masculine shall include the feminine.

§ 94-4 Compliance with other standards; applicability.

A. 
Any junkyard, which was not legally in operation prior to the initial adoption of Chapter 200, Zoning, shall comply with all applicable rules and regulations of Chapter 200, Zoning.
B. 
This article is to be read, constructed and interpreted in conjunction with Chapter 200, Zoning, as amended. Where conflicts occur between ordinances, the more stringent rule or regulation shall control.

§ 94-5 License required.

No person shall operate a junkyard with the Township of Upper Uwchlan without first obtaining a license from the Township of Upper Uwchlan.

§ 94-6 License application and issuance; fees.

A. 
Any person who desires to operate or maintain a junkyard within the Township of Upper Uwchlan shall file an application with the Township. Applications shall be filed on forms provided by the Township and may be filed by either the owner or his authorized agent.
B. 
The Township Supervisors may prescribe a fee for the application for a junkyard license. The Township Supervisors may revise such a fee from time to time through resolution. If a fee is prescribed, it shall be submitted by the applicant to the Township in conjunction with the application for a junkyard license.
C. 
The Township Supervisors or the designated representative thereof shall act within 60 days of receipt of an application for a junkyard license. Applications that are incomplete or that are not submitted with the required fee will be returned to the applicant. The failure of the Township Supervisors or the designated representative thereof to act within 60 days of receipt of an application, if the application was complete and the required fee was submitted, will result in deemed approval of the application as submitted unless the applicant has submitted, in writing an extension to the sixty-day review period.
D. 
When the application is found to be in compliance with the provisions of this article, as well as the applicable ordinances, such as Chapter 200, Zoning, the Township Supervisors shall issue a license to the applicant.
E. 
The Township Supervisors may prescribe a fee for the junkyard license. The Township Supervisors may revise such a fee from time to time through resolution. If a fee is prescribed, the applicant shall submit it to the Township at the time of issuance of the license.
F. 
The license shall state the following: the name of the person to whom such license is issued; the location of the premises on which such business is to be conducted or such junkyard is maintained; the size of the permitted junkyard; and the date of issuance and the date of expiration of the license. The license shall be conspicuously posted upon the licensed premises.

§ 94-7 Duration of license; renewal; fees.

A. 
Licenses issued by virtue of this article are to be renewed on or before December 31 of each year. An initial license that, because of the license renewal date of December 31, is not issued for an initial one-year term shall have its annual fee prorated based upon the term of the initial license. After the initial license year, all licenses shall commence on January 1 and expire on December 31.
B. 
Persons operating or maintaining a junkyard who desire to continue to operate or maintain a junkyard shall have their license renewed before December 31 of each year. November 1 is the first day that a renewal application shall be submitted for the upcoming year.
C. 
The application for the renewal of a junkyard license shall be submitted by the applicant to the Township on forms provided by the Township along with the prescribed fee which may be changed, from time to time, by the Township Supervisors through resolution. Renewal applications are subject to complete reexamination of this article and other applicable ordinances. The Township Supervisors or the representative thereof shall act within 45 days of receipt of any application for the renewal of a junkyard license. Renewal applications that are incomplete or that are not submitted with the required fee will be returned to the applicant.
D. 
Fees may be prescribed by the Township Supervisors for the junkyard renewal. The Township Supervisors through resolutions may revise such a fee from time to time. If such a fee is prescribed, the applicant to the Township shall submit it at the time of issuance of the license.

§ 94-8 License limitations.

No person licensed under this article shall, by virtue of one license, operate more than one business or junkyard within Upper Uwchlan Township. No person shall engage in business as a junk dealer in any other place other than the place designated upon his license or maintain a junkyard in any other place than the place designated upon his license.

§ 94-9 License transfers; fees.

A. 
No license issued by the Township of Upper Uwchlan shall be transferable by the licensee to any other person unless the Upper Uwchlan Township authorizes such a transfer. Any person desiring to transfer his license shall notify the Township in writing, and the notice shall be accompanied by an application for a license as described in § 94-6 of this article.
B. 
A fee for the transfer of a license may be prescribed by the Board of Supervisors. Such fee may be prescribed from time to time through resolution by the Township Supervisors. If a fee is prescribed, it shall be submitted by the transferee to the Township at the time of issuance of the transferred license.

§ 94-10 Records to be kept.

Persons licensed under this article shall maintain permanent records of all junk received in or removed from the junkyard premises. The records shall state who delivered or who received the junk, the date and time thereof and a description of the junk. The records shall be open to inspection at all reasonable times by the Board of Supervisors or representative thereof or the Upper Uwchlan Township Police Department.

§ 94-11 Hours of operation.

Junkyards and businesses licensed under this article shall not operate between the hours of 9:00 p.m. and 6:00 a.m. prevailing time, except to remove any wrecked vehicle from any public highway or road.

§ 94-12 Delay in disposal.

Persons licensed under this article 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 them. The junk shall not be disturbed, reduced or altered from the original shape, form or condition until the aforesaid forty-eight-hour period has expired.

§ 94-13 Storage requirements and performance standards.

A. 
All junk shall be set back at least 50 feet from adjacent properties and at least 80 feet from the right-of-way of any public street or highway.
B. 
The junk shall be arranged on the premises to prevent the accumulation of stagnant water upon the premises.
C. 
The junk shall be stored and arranged so as to permit access by fire-fighting equipment. Junked motor vehicles shall be spaced in rows with at least 20 feet between double rows; other junk shall be stored in piles or rows no wider than 20 feet separated by twenty-foot rows. The maximum length of any rows of junk shall be 100 feet with a twenty-foot space between the rows.
D. 
The junk shall be stacked at a maximum height of six feet from the ground.
E. 
All gasoline, oil and other toxic fluids shall be drained from junked motor vehicles within 48 hours of arrival on the premises. All gasoline and oil stored on the premises and fluids disposed of from the premises shall conform to all applicable Commonwealth of Pennsylvania and United States of America regulations concerning the storage and disposal of such fluids.
F. 
No junk or parts thereof shall be burned on the premises.
G. 
Garbage or organic waste shall not be received, stored or disposed of at any junkyard. Materials which are classified as municipal solid waste may only be received if mixed with salvageable materials, and the municipal solid waste materials shall be disposed of properly at a licensed solid waste landfill.
H. 
No junk, as defined in this article, or no materials listed in Subsection E or G of this section shall be buried underground on a junkyard premises.
I. 
The junkyard shall at all times be maintained so as not to constitute a nuisance or a menace to the health or safety of Township residents or be a place for the breeding of rodents or vermin. Further, the junkyard shall not cause any offensive or noxious odors or noise.

§ 94-14 Fencing and screening.

A. 
All junkyard premises shall be completely enclosed by fences. The fence shall be at least 40 feet from adjacent properties and at least 70 feet from the right-of-way of any public street or highway. The fence shall be at least six feet but no more than 10 feet in height, shall be constructed of wood or wire and shall have maximum linear openings of three inches. Entrance gates shall be kept securely locked except during business hours.
B. 
Fencing shall be maintained in good and working condition throughout the operation and maintenance of a junkyard.
C. 
Junkyard premises which have open-wire fence enclosures visible from an abutting public highway or road or from an abutting residential or commercial property within 500 feet of the fences shall provide the following landscaping: trees and shrubs which are native to eastern Pennsylvania which can attain a height of at least six feet within two years of planting shall be planted along the entire perimeter of the fence with a maximum of 20 feet between trees and 10 feet between shrubs.
D. 
All required open space between the fence and the perimeter lot lines shall be continuously maintained in good order and free from weeds or scrub growth.

§ 94-15 Inspections.

A. 
Any member of the Township Supervisors may, at reasonable times, enter upon the junkyard premises and inspect the premises and records for conformance with the conditions of the license and the rules of this article.
B. 
Any member of the Upper Uwchlan Police Department may, at reasonable times and with the consent of the junkyard owner/operator, enter upon the junkyard premises and inspect the premises and records for conformance with the conditions of the license and the rules of this article.

§ 94-16 Existing junkyards.

The Township of Upper Uwchlan may waive the requirements of §§ 94-13 and 94-14 of this article for any junkyard legally in existence at the time of the enactment of this article; however, all such junkyards shall be required to obtain the required license within six months of the passage of this article as prescribed by this article.

§ 94-17 Enforcing official.

The rules and regulations of this article shall be enforced by the Township Manager of Upper Uwchlan Township, who may, at his option, direct the Police Department to enforce the article's provisions.

§ 94-18 Revocation of license.

A. 
In addition to the penalties prescribed in § 94-19 of this article, the Township may revoke a license of a junkyard if it is not being operated or maintained in conformance with its license requirements.
B. 
If such revocation of a license occurs, the Township shall notify the owner of the junkyard of such revocation. The owner or operator shall have 30 days from the date of receipt of the revocation notice to inform the Township, in writing, that the owner or operator desires a hearing before the Township on the matter of the revocation of the permit.
(1) 
The Township shall schedule a hearing within 45 days of a receipt of notice of a desired hearing by the owner or operator of a junkyard. The owner or operator shall receive, via United States mail service, written notice of the date, time and location of the hearing.
(2) 
At the hearing, the Township shall allow the owner or operator of a junkyard to present testimony or evidence to support his case. After hearing all testimony and reviewing all evidence and testimony, the Township shall make a final decision concerning the revocation of the license within 45 days of the hearing date. The decision of the Township shall be communicated to the owner or operator within five days of the date of the decision.

§ 94-19 Enforcement remedies.

A. 
The Township may take any appropriate civil or criminal action or action in equity to enforce the provision of this article, as well as utilizing any other remedies otherwise provided by law.
B. 
The remedies provided herein for the enforcement of this article or any other remedy provided by law shall not be mutually exclusive. Rather, any and all remedies may be applied simultaneously or consecutively at the option of the Township.

§ 94-20 Purpose.

The purpose of this article is to prohibit the open storage of junk or junked vehicles on private or public land within the Township of Upper Uwchlan and to establish regulations and procedures for the abatement of the same.

§ 94-21 Definitions and word usage.

A. 
As used in this article, the following terms shall have the meanings indicated, unless otherwise expressly stated:
JUNK
Any old or discarded inorganic material, including but not limited to parts or whole refrigerators, washing machines, furniture, plumbing fixtures, carpet, windows, glass panes, miscellaneous metal or aluminum scraps, pipes or roofing materials.
JUNKED OR ABANDONED VEHICLE
Any motor vehicle which is not located in its entirety within a fully enclosed building that is not in full and complete working order; without a current Commonwealth of Pennsylvania registration; or kept for resale as junk metal or stored for selling parts therefrom.
LANDOWNER
The legal person who possesses real property who is identifiable through records compiled by the Chester County Recorder of Deeds.
LESSEE
A person to whom a lease, whether it is written or oral, is granted by a landowner.
MOTOR VEHICLE
Any vehicle which utilizes a motor as the means of producing energy for propulsion and whose purpose is to transport people, goods, or both.
NUISANCE
The open storage of junk or junked or abandoned motor vehicles, as defined in this article.
OPEN STORAGE
The storage of junk or junked or abandoned motor vehicles on real property outside the confines of a fully enclosed building for a period exceeding 14 days within one calendar year, whether the days are consecutive or not.
PERSON
Any natural person, partnership, firm, company, or corporation.
POLICE DEPARTMENT
The Police Department, and its officers and employees, of Upper Uwchlan Township, Chester County, Pennsylvania.
TOWNSHIP
Upper Uwchlan Township, Chester County, Pennsylvania.
TOWNSHIP SUPERVISORS
The elected officials of Upper Uwchlan Township, Chester County, Pennsylvania.
B. 
In this article, words used in the present tense shall include the future, words used in the singular shall include the plural, words used in the plural shall include the singular, the word "shall" is mandatory and the word "may" is permissive, and the masculine shall include the feminine.

§ 94-22 Open storage of junked or abandoned motor vehicles.

A. 
It shall be unlawful for any landowner to maintain or permit the maintenance of the open storage of a junked or abandoned motor vehicle upon the open private land of such person within the Township of Upper Uwchlan.
B. 
It shall be unlawful for any lessee to maintain or permit the maintenance of the open storage of a junked or abandoned motor vehicle upon the private land that such lessee has leased within the Township of Upper Uwchlan.
C. 
Any person, whether he is a landowner or a lessee, who violates Subsection A or B of this section shall be guilty of maintaining or permitting the maintenance of a nuisance.

§ 94-23 Open storage of junk.

A. 
It shall be unlawful for any landowner to maintain or permit the maintenance of the open storage of junk upon the open private land of such person within the Township of Upper Uwchlan.
B. 
It shall be unlawful for any lessee to maintain or permit the maintenance of the open storage of junk upon the open private land of such person within the Township of Upper Uwchlan.
C. 
Any person, whether he is a landowner or a lessee, who violates Subsection A or B of this section shall be guilty of maintaining or permitting the maintenance of a nuisance.

§ 94-24 Storage of junk or junked or abandoned motor vehicles in licensed junkyards.

A. 
Any person who has obtained a license from Upper Uwchlan Township to maintain a junkyard as prescribed by Article I of this chapter shall not be bound by the rules and regulations of this article for the premises for which the junkyard license is issued.
B. 
Any person who has been previously issued a license to maintain or operate a junkyard and has not been reissued a current junkyard renewal license or is not in compliance with the conditions of the junkyard license, if there is junk or junked or abandoned motor vehicles stored on the premises, shall be bound by the rules and regulations of this article for the premises for which the junkyard license is issued.

§ 94-25 Enforcement; inspections.

A. 
The enforcement of the rules and regulations of this article shall be carried out by the Police Department of Upper Uwchlan Township.
B. 
The officers of the Police Department are empowered to enter upon and inspect private property on which motor vehicles are being stored openly to determine if such vehicles are in compliance with the provisions of this article. Furthermore, the officers of the Police Department are empowered to enter upon and inspect private property when they have reason to believe that junk is being openly stored on such property to determine is such property is in compliance with the provision of this article.

§ 94-26 Abatement of nuisances.

A. 
If, after being brought to the attention of the Police Department, an officer of the Police Department observes that a person has maintained or permitted the maintenance of a nuisance as defined in § 94-22C or § 94-23C of this article, an officer of the Police Department shall issue a warning notice to the person or persons who have maintained or permitted the maintenance of such a nuisance.
B. 
The warning notice shall state, at a minimum, the date of the violation, the location of the violation, the person who is being issued the violation notice, the nature of the violation, the sections which define the violation and the date when the abatement of the violation must be completed by (see § 94-28 of this article).
C. 
The warning notice shall be delivered in at least one of the following manners:
(1) 
Hand-delivered to the person who has maintained or permitted the violation to occur;
(2) 
Mailed to the person who has maintained or permitted the violation occur via United States mail service; or
(3) 
By posting the warning notice conspicuously on the offending property if the whereabouts of the responsible person is unknown.
D. 
After the conclusion of the abatement period as defined in § 94-27 of this article, an officer of the Police Department shall inspect the property for which the warning notice was issued. If the property is not in compliance with the provisions of this article, an officer of the Police Department shall proceed by issuing a citation with the District Justice.

§ 94-27 Length of abatement period.

A. 
The length of time to abate the violations defined in § 94-22C or § 94-23C of this article shall range from 10 days to 30 days.
B. 
The officer of the Police Department shall use his or her discretion when determining the length of the abatement period.

§ 94-28 Continued violations.

In the event that the offending property is not repaired, removed or abated within the prescribed length of abatement period as defined in § 94-27 of this article, Upper Uwchlan Township may cause the same to be done and collect the cost thereof from the responsible person, together with a penalty of 10% and any and all legal fees incurred, in the manner provided by law for the collection of municipal claims or, by action of assumpsit, seek relief by action in equity.

§ 94-29 Violations and penalties.

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.

§ 94-30 Remedies nonexclusive.

The remedies provided herein for the enforcement of this article or any other remedy provided by law shall not be mutually exclusive. Rather, any and all remedies may be applied simultaneously or consecutively at the option of Upper Uwchlan Township's Board of Supervisors.