[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.
See "junk dealer."
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.
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.
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."
See "junk dealer."
See "junkyard."
Raccoon Township, Beaver County, Pennsylvania.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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:
A.
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.
B.
Minimum front lot width. Minimum front lot width shall
be 150 feet at the property line.
C.
Property setbacks. Setback and/or operational lines are
as follow:
(1)
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.
(2)
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,[1] 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.
D.
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.
E.
Highway setbacks. Setbacks of 660 feet shall be maintained
from the right-of-way line of all federal-aid or other limited access highways.
F.
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.
G.
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.
H.
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.
I.
Fencing. Fencing requirements are as follows:
(1)
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.
(2)
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.[2]
J.
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.
K.
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.
A.
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.
B.
Garbage. Garbage, organic waste or toxic or hazardous
materials shall not be stored on such premises.
C.
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.
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 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.
E.
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.
F.
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.
G.
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.
H.
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.
(1)
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.
