[HISTORY: Adopted by the Board of Supervisors of the Township of Raccoon 11-8-1994 by Ord. No. 94-2. Amendments noted where applicable.]
This chapter may be cited as "Raccoon Township Junkyard and Automobile Salvage Yard Ordinance."
As used in this chapter, the following definitions shall have the meaning herein defined. Any word not so defined shall be construed to have its legally accepted definition. As used in this chapter, words in the singular shall include the plural and words in the plural shall include the singular. The masculine shall include the feminine and the neuter. The words "shall" and "will" for the purpose of this chapter are mandatory.
- AUTOMOBILE SALVAGE DEALER
- See "junk dealer."
- AUTOMOBILE SALVAGE YARD
- See "junkyard."
- The Board of Supervisors of Raccoon Township.
- The condition of a motor vehicle after the application of pressure so as to compress it to a box-like configuration.
- Any offal, vegetable refuse, lunchroom or office waste and other material, including solid, liquid, semisolid, or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities which is kept in appropriate containers and disposed of regularly and in a timely manner.
- ITINERANT PEDDLER
- Any individual, group, organization, partnership, association, firm or corporation, not residing in, or having a fixed place of business within the Township that conducts, whether temporarily, ongoing, regularly, irregularly or in any other manner, the storing, buying, selling, or dealing in any junk.
- Any discarded material or article and shall include, but not be limited to, scrap metal, abandoned or junked motor vehicles or parts thereof, a partially dismantled motor vehicle not bearing current registration plates which is not in the process of ongoing and immediate repair, machinery or machinery parts, but not farm machinery used in connection with a bona fide farming operation, papers, glass and related items, containers, or partially dismantled structures or parts thereof.
- JUNK DEALER
- Any person who shall engage in the business of selling, buying, salvaging or dealing in junk, including the operation of an automobile wrecking or salvage yard or business, or any person who shall keep or store on any premises for a period for more than 90 consecutive days more than two motor vehicles or bodies of motor vehicles that are disabled or from which the wheels or engine have been removed or that are not in operating condition or that do not have a current motor vehicle license or that do not have a valid Pennsylvania State inspection sticker attached or that have been stripped or dismantled.
- The use of more than 200 square feet of the area of any parcel of land, whether inside or outside a building, or the use of any portion of any parcel of land that adjoins the street for storage, keeping or abandonment of junk, including scrap metals, or for the dismantling, demolition or abandonment of any automobiles or other vehicles, machines or machinery.
- A permit granted to a person who accumulates, stores or disposes of junk.
- The person to whom a permit has been issued by the Board to accumulate, store or dispose of junk.
- Any contrivance that serves to regulate the effect of a given force or to produce or change motion; any organized system.
- Machines in general, including the component parts thereof.
- Any individual, partnership, association, firm, group or corporation.
- See "junk."
- SALVAGE DEALER
- See "junk dealer."
- SALVAGE YARD
- See "junkyard."
- Raccoon Township, Beaver County, Pennsylvania.
License required; prohibition. No person shall, from and after the effective date of this chapter, keep, conduct or maintain any parcel or land, any building, structure, yard or place of keeping, whether temporarily, irregularly, or continually, for the receiving, storing, piling, buying, or selling at retail or wholesale or dealing in any junk or salvage as defined herein, whether with a fixed place of business or as an itinerant peddler, without first having obtained and paid for a Junk Dealer's and Automobile Salvages Dealer's License nor shall any person from and after the effective date of this chapter, keep, store, or accumulate on any premises, for a period in excess of 90 days, motor vehicles, or bodies of motor vehicles, that are inoperable, or unlicensed or that do not have a current and valid inspection sticker, or that have been stripped or dismantled without having first obtained and paid for a Junk Dealer's License and Automobile Salvage Dealer's License; provided, however, that nothing herein contained shall be construed to apply to operable vehicles classified as farm tractors, racing vehicles, antique and classic motor vehicles, and other operative vehicles not subject to state inspection requirements.
Application. Every person who engages in the business of junk dealer or automobile salvage dealer shall file with the Township Secretary, upon a form prepared and approved by the Township, an application for a Junk Dealer's and Automobile Salvage Dealer's License, or renewal thereof, for each junkyard or automobile salvage yard which application shall be signed by the applicant. Each such application shall contain a sketch which reasonably depicts the proposed site for the junkyard or automobile salvage yard.
Issuance. Within 60 days of the receipt of an application the Board shall cause the proposed site to be investigated by the entity providing police protection for the Township which entity shall file a written report with the Board outlining the investigation and the compliance or noncompliance of the junkyard or automobile salvage yard with the provisions of this chapter. If the report indicates compliance with this chapter, the Board shall issue such license or renewal thereof; provided, however, that no license or renewal thereof shall be issued to any person who has been twice convicted of a violation of any of the terms and provisions of this chapter within any seven-hundred-thirty-day period immediately preceding the pending application. Further provided that if the report submitted to the Board indicates noncompliance with the terms of this chapter, the Board may issue a conditional license conditioned upon the applicant's good faith pursuit of compliance with the provisions of this chapter. Any conditional license so issued may be summarily revoked in the event the Board determines that the conditional licensee is not making a good faith effort to comply with the terms and conditions of this chapter. Further provided that any license 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 Board has relied in granting such license. In the event any license shall be revoked, the licensee shall not be entitled to a refund of any of the license fee.
License fee. The license fee shall be paid to the Township immediately upon the issuance or renewal of a license issued pursuant to this chapter. The license fee shall be as set from time to time by resolution of the Board of Supervisors.
License period. The license issued pursuant to this chapter or any renewals of said license shall be issued for a period of 12 months commencing June 1 and ending May 31 of the following year.
Limitation. The license issued pursuant to this chapter shall be valid only for the site identified in the application submitted by the licensee. No licensee shall engage in business as a junk dealer or automobile salvage dealer or maintain a junkyard or automobile salvage yard in any place other than the place designated upon the license.
Transfer. No license issued pursuant to this chapter shall be transferable by the licensee to any other person unless such transfer is authorized by the Board. Any person desiring to transfer such license shall notify the Board in writing which notification shall be accompanied by an application for a license pursuant to this chapter signed by the proposed transferee.
Transfer approval. The Board shall approve the transfer of a license upon a determination that the original licensee is in compliance with the license to be transferred. The transferee shall hold such transferred license subject to all conditions of the license so transferred and the provisions of this chapter at the time of the issuance of the transferred license. A fee as set from time to time by resolution of the Board of Supervisors shall be paid to the Township at the time of issuance of such transferred license.
Every licensee licensed or to be licensed pursuant to this chapter shall develop and operate the licensed premises in accordance with the following site requirements:
Area. No parcel of land less than five acres nor more than 20 acres shall be licensed or utilized as a junkyard or automobile salvage yard.
Minimum front lot width. Minimum front lot width shall be 150 feet at the property line.
Property setbacks. Setback and/or operational lines are as follow:
In the case of premises licensed on or before November 8, 1994, no junk shall be stored or accumulated nor shall any structure be erected within 10 feet of the side and rear lines of the licensed premises nor within 75 feet of any existing dwelling house erected upon premises adjacent to the licensed premises. Nor shall any junk be stored or accumulated or any structure be erected that is used in connection with the licensed premises within 40 feet of that line of the licensed premises abutting a public street or highway within the Township; provided that, in cases where two or more lines of the licensed premises abut public streets or highways within the Township, one line only of such premises shall be subject to the forty-feet setback provision; further provided that nothing contained in this subsection shall apply to structures pertaining to and being used in conjunction with a licensed premises established and operating on or before August 22, 1977. Areas between the setback line and right-of-way and between property and setback lines shall be kept clear of all storage and operations at all times.
In the case of premises licensed after November 8, 1994, the premises shall be set back the minimum distance so as to conform with the Raccoon Township Zoning Ordinance, as may be amended from time to time, from the right-of-way on all streets or roads, and the minimum distance so as to conform with the Raccoon Township Zoning Ordinance, as may be amended from time to time, for all other property lines. Areas between the setback line and right-of-way and between property and setback lines shall be kept clear of all storage and operations at all times.
Environmental setbacks. Notwithstanding any other provision of this chapter, all storage and operation shall be set back a minimum distance of 50 feet from all known floodplain elevations, wetland areas, streams, creeks and other natural waterways.
Highway setbacks. Setbacks of 660 feet shall be maintained from the right-of-way line of all federal-aid or other limited access highways.
Parking. All parking and association with the junkyard or automobile salvage yard and any related operations shall be accommodated on site and off of the public right-of-way, exclusive of any required setback areas.
Access. Site access points shall be designated to accommodate emergency fire and rescue vehicles. Separate or common entrance and exit points shall be permitted; however, no such entrance or exit shall exceed 30 feet in width. Site access shall be designed to preclude the stacking or maneuvering of vehicles on adjacent public rights-of-way.
Fire control. 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.
Fencing. Fencing requirements are as follows:
In the case of premises licensed on or before November 8, 1994, all junkyards and automobile salvage yards shall be enclosed by a metal chain link fence constructed of good heavy duty steel and supported upon steel posts, or in lieu thereof, a solid masonry or metal wall of a uniform design, texture and structure. The erection of such fence or wall shall be controlled by the setback provision of § 109-4C(1) hereof. Such fence or wall shall not be less than six feet in height. The erection of said fence shall be completed on or before July 11, 1990. If in the sole and exclusive opinion of a majority of the Board it would appear that the licensee has clearly demonstrated that such licensee is making a continuing bona fide effort to comply with the fencing provision provided herein, then and in such event the Board may in its sole discretion grant an extension of time to such licensee for the completion of the erection of such fence upon receipt of a letter signed by said licensee requesting such an extension of time. The fencing provision herein shall be applicable only to that portion of the licensed premises being utilized for the operation of a junkyard or automobile salvage yard and shall not be applicable to the balance of the parcel of land utilized by said licensee so long as the remaining parcel of land is not being utilized for the operation of a junkyard or automobile salvage yard. A plan of said fencing must be submitted to the Board prior to its installation in order to ensure compliance with the fencing provision provided for herein.
After November 8, 1994, all junkyards and automobile salvage yards shall be protected and buffered from roads and developed adjacent areas with a fence or wall of six feet or more in height, maintained in good condition. The placement of such fence or wall shall be controlled by the setback provisions of § 109-4C(2) hereof; provided, however, that the fencing provisions herein shall be applicable only to those portions of the premises being used for the operations of the licensee and shall not be applicable to the balance of the parcel of land owned or utilized by said licensee so long as said remaining parcel of land is not being used for the storage of junk. If fencing is utilized, it shall be a metal chain link fence of at least 12-gauge thickness and supported on steel posts and shall not be less than six feet in height.
Screening. Where any side of any premises required to be licensed adjoins a residential dwelling, church, school or public building, now existing or constructed in the future, and said structure is within 50 feet of said side, a landscape screen shall be established along the adjoining side of the premises required to be licensed for a reasonable distance. The requirement for screening shall be applicable only to that portion of the adjacent licensed premises being used for the storage of junk or related operations and shall not be applicable to the balance of the premises so long as said remaining portion is not being used for the storage of junk. Plant materials used for screening shall consist of dense evergreen plants that are capable of growing to a height adequate to achieve its purpose. They shall be of the 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. If after a twenty-four-month period the plant materials do not provide an opaque screen, then the licensee shall either replant or submit an alternative plan to the Board.
Landscaping. Setback areas adjacent to public rights-of-ways and occupied adjoining property shall be planted and maintained with an all season ground cover and shall include trees and shrubs and all with the purpose of preventing and containing water runoff and groundwater contamination of the water table of the Township of Raccoon. A replacement program for nonsurviving ground cover and vegetation shall be pursued by the licensee.
The licensed premises shall be maintained by the licensee in accordance with any conditions of said license and in accordance with the provisions hereinafter provided.
Maintenance. The licensed 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.
Garbage. Garbage, organic waste or toxic or hazardous materials shall not be stored on such premises.
Handling of junk. All gasoline, fuel oil, crank case and gear lubricants, coolants, refrigeration gases, and related products contained in any vehicles or junk received on the premises shall be disposed of pursuant to Township, state and federal regulations. No such material shall be permitted to drain on to the ground or water services or escape into the atmosphere in a manner that would constitute an environmental degradation or related hazard.
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 the atmosphere, springs and streams and groundwater, 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 such vehicles and other junk are to be arranged in rows with a minimum of 15 feet of clear space between each row and each of said rows to be no greater in width than 40 feet.
Stacking. If crushed, vehicles or major parts thereof may be stacked one upon another if said stacking is on a level surface and accomplished in a manner that precludes slipping, tipping or similar hazards to a maximum height of eight feet. If uncrushed, no more than two vehicles or major parts thereof may be stacked on one another.
Burning. The burning of vehicles, oil, grease, tires, gasoline or other similar materials or junk shall not be done within the licensed premises at any time.
Retention of articles. After the receipt of any junk, every licensee shall keep and retain same upon the licensed premises for a period of 24 hours, and no licensee shall disturb or reduce same or alter the original form, shape, or condition until such period of 24 hours shall have elapsed. Provided, however, that this subsection shall not apply to any motor vehicle for which a licensee possesses a valid certificate of title.
Records retention. Every licensee hereunder shall at all times keep and maintain records, in the English language, at the time of the licensee's receipt of junk, by purchase or otherwise, which records shall contain a full and complete description, including trade names, serial or manufacturer's numbers, if any, of every articles or item of junk received by the licensee, the date and approximate hour of such receipt, and the name and address, motor vehicle operator's number and state of issuance from whom such article or item of junk was received. Such written records shall at all times be available and subject to immediate inspection by the entity providing police protection for the Township of Raccoon or the Pennsylvania State Police or any other duly constituted law enforcement authority of Pennsylvania, any other state or the United States of America. Such records shall be retained for a period of three years from the date of receipt of such junk.
Manufacturer's serial number. Without exception, no licensee shall receive any motor vehicle, part or accessory from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, covered, altered or destroyed without immediately notifying the entity providing police protection for the Township of Raccoon.
The entity providing police protection for the Township of Raccoon, shall, from time to time, regularly inspect every premises licensed pursuant to this chapter for the purpose of determining that this chapter or any amendments thereto are being complied with. Any violations discovered or disclosed by said inspection shall forthwith be summarily prosecuted.
In addition to any other remedies provided herein, or at law or in equity, any violation of this chapter may be cured by the Township upon 15 days' notice to the violator. Any person so notified may, within 15 days after notice of such violation, cure such violation. If, after the expiration of 15 days of notice of violation, such person fails to fully comply with the provisions of this chapter or fails to cure a violation of this chapter, the Township may itself undertake to do any work or expend any labor in the place or stead of such person, or let contracts, and such violator shall be liable to the Township for the cost of such cure thereof plus 20% thereof. Further, the Township is authorized to pursue any and all types of civil action in order to collect such costs plus 20%. In the event that the Township is required to institute suit (civil action) in order to collect the amounts contemplated by this section, then such person against whom said action is filed shall be liable for the payment of the Township's actual attorney's fees expended in addition to such amounts plus 20%. Further provided that any junk removed by the Township or its contractors shall be conclusively presumed to have been abandoned and be of no value and the same may be disposed of by the Township or its contractors on behalf of such person without liability to such person.
Any notice that is required to be given pursuant to this chapter to any licensee or alleged violator of this chapter shall be in English and addressed to the licensee at the address disclosed on the licensee's application in the case of licensees. In the case of a person not licensed, any notice shall be addressed to such person at the address disclosed in the real estate tax assessment records for said parcel of land upon which the violation is occurring. In all instances, the mailing of the notice shall be accomplished by first class mail with proof of mailing. The notice shall be deemed received upon deposit in the United States Mail.
The entity providing police protection for the Township of Raccoon, which entity is presently the Raccoon Township Police Department, is hereby authorized to enforce this chapter by initiating summary criminal proceedings for violations of any of the provisions of this chapter. The enforcement authority conferred herein shall in no way be construed to limit the authority of the Raccoon Township Supervisors to initiate any suits in law or equity or otherwise to secure compliance with the provisions of this chapter.
In addition to any other remedies provided for herein, the Township may initiate suits at law and in equity to secure compliance with this chapter or to cease and determine any violations of this chapter.