This chapter shall be known and may be cited as "Independence Township
Junkyard and Refuse Ordinance."
Every person licensed under this chapter shall develop and operate the
licensed premises in accordance with the following requirements:
A. Area. No tract of land less than five acres, or more
than 20 acres, shall be licensed or utilized as a junkyard.
B. Property setbacks. The premises to be licensed shall
be set back a minimum distance of 150 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. 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. Highway setbacks. Setbacks of 1,000 feet shall be maintained
from the right-of-way line of all federal aid or other limited access highways.
E. Parking. All parking in association with the junkyard
and any related operations shall, be accommodated on site, exclusive of any
required setback areas. A minimum of 15 parking spaces shall be provided.
F. Access. The site shall contain one entrance and one exit
less than 30 feet in width. Site access points shall be designed to preclude
the stacking or maneuvering of vehicles on any adjacent public right-of-way.
G. 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. Fencing.
(1) All junkyards shall be protected and buffered from roads and developed adjacent areas with a fence or wall of eight feet or more in height, maintained in good condition. The placement of such fence or wall shall be controlled by the setback provisions of Subsections
B,
C and
D, above.
(2) 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) 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. Screening.
(1) 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 150 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 of
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) 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. Landscaping. Setback areas adjacent to public rights-of-way
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. 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. Garbage. No garbage or other organic waste shall be stored
on such premises.
C. Automobile handling. Whenever any motor vehicle shall
be received on such premises as junk, all gasoline shall be drained and removed
therefrom. All gasoline that is kept on the premises shall be stored in a
manner approved by the Board of Township Supervisors and shall meet all applicable
standards of the Commonwealth of Pennsylvania and the United States government.
D. Storage. 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 fire fighting. All junk and vehicles on the licensed premises shall be
arranged and maintained in a neat and orderly fashion. All vehicles without
wheels shall be set upon stable, secure, nonslide risers to achieve a minimum
elevation of at least six inches off the ground to provide for drainage and
vermin control. All such vehicles and other junk are to be arranged in rows
with a minimum of 20 feet of clear space between each row and each of said
rows to be no greater in width than 40 feet.
E. Burning. Persons governed by these regulations shall
not burn motor vehicles at any time. No grease, oil, tires, gasoline or other
similar material that might be dangerous or tend to produce obnoxious smoke or odors shall be burned within or on said premises
at any time.
F. Business hours. Premises shall not be open for business
nor shall any work be done therein in connection with the storage, processing
and transporting or removal of junk at any time on the first day of the week,
commonly called Sunday, or on any other day of the week before 7:00 a.m. All
work shall cease at 8:00 p.m. except for sales.
Any person who shall violate any of the provisions of this chapter shall be subject to the appropriate penalties set forth in Chapter
1, General Provisions, Article
II.
The Zoning Hearing 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 Independence 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 which may hereafter be adopted by the Township of Independence
regulating and licensing junk dealers and the establishment and maintenance
of junkyards.
In addition to the remedies provided in §
114-7, above, any continued violations of this chapter that shall constitute 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 equity for relief.
The Independence Township Police Department shall have the authority
to, and is therefore authorized to, enforce this chapter by initiating summary
criminal proceedings for violations of any of the provisions of this chapter.
The enforcement authority of the Independence Township Police Department given
shall in no way be construed to limit the authority of the Independence Township
Supervisors to initiate any suits in law or equity or otherwise to secure
compliance with the provisions of this chapter.