[Adopted 4-13-1970 by Ord. No. 952]
This article shall be known and may be cited as the "Township of Whitehall Junkyard Control Ordinance."
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this to have the meanings herein indicated:
BOARD OF COMMISSIONERS
The Board of Commissioners of Whitehall Township, Pennsylvania.
JUNK
Any discarded material or article and shall include, but not be limited to, scrap metal, scrapped, abandoned or junk motor vehicles of every nature whatsoever, nonmotor vehicles of every nature whatsoever, machinery, equipment, glass, paper, containers and structures. It shall not include, however, refuse, ashes or garbage kept in a proper container for the purpose of prompt disposal.
JUNK DEALER
Any person who shall engage in the business of selling, buying, exchanging, salvaging and dealing in junk, and who maintains and operates a junkyard within the Township of Whitehall.
JUNKYARD
Any place where any junk (as hereinafter defined) is stored, dispose of or accumulated.
PERMIT
The permit granted to a person who accumulates, stores, exchanges or disposes of junk, in an area permitted by the Zoning Ordinance (Chapter 27) of the Township of Whitehall, Pennsylvania.
PERSON
Any natural person, partnership, association, firm, corporation and entity of any nature whatsoever.
TOWNSHIP
The Township of Whitehall, Lehigh County, Pennsylvania.
[Amended 10-10-1977 by Ord. No. 1252]
No person(s) shall engage in business as a junk dealer or maintain a junkyard without first having obtained a permit from the Township Director of Operations or his designate. A permit fee, in accordance with the schedule hereinafter set forth, shall be paid to Township for the use of the Township. The permit shall be granted for a period of one year, with such permit year beginning January 1 and ending December 31, and each such permit must be renewed annually before the first day of January of the subsequent year. An original junk dealer permit issued at any time during the year shall also expire on December 31 and be subject to the foregoing renewal requirements.
[Amended 10-10-1977 by Ord. No. 1252]
The permit provided for in this article shall be issued by the Township Director of Operations or his designate after written application shall have been made therefor by the person desiring to obtain a permit. Such permit shall state the name of the person to whom such permit is issued and the premises on which such business is to be conducted or the junkyard is to be maintained. Once issued, said permit shall be posted conspicuously upon the premises identified in such permit. The written application for permit mentioned above shall be accompanied by a form issued by the Township Director of Operations or his designate and every question therein must be answered. The applicant shall also submit a legal description, accompanied with a plot or sketch, of the premises used or to be used in connection with such permit.
[Amended 10-10-1977 by Ord. No. 1252]
Upon receipt of an application, the Township Director of Operations or his designate shall issue a permit or shall refuse to issue a permit to the person applying therefor after an examination of the application and consideration of the suitability of the property proposed to be used for the purposes of the permit, the character of the properties located nearby, compliance with Chapter 27, Zoning, relative to junkyards and the like and the effect of the proposed use upon the Township, both economical and aesthetic and the effect on the reasonable and adequate protection of the public health, safety and welfare. In the event the Township Director of Operations or his designate shall issue a permit, it may impose upon the permit and the person applying therefor such reasonable terms and conditions in addition to the regulations herein contained and adopted pursuant to this article, and Chapter 27, Zoning, relative to junkyards, as may be deemed necessary to carry out the spirit and intent of this article.
A. 
The permit fee shall be paid immediately upon the issuance or renewal of a permit. The amount of the permit fee shall be set forth from time to time by resolution of the Board of Commissioners.
[Amended 8-8-2005 by Ord. No. 2578]
B. 
No permit shall be issued for the use of a tract of land in excess of five acres, excluding setback areas.
No person receiving a permit under this article shall, by virtue of one permit, keep more than one place of business within the Township or maintain more than one junkyard for the purpose of buying, selling, exchanging and dealing in junk. No person shall engage in business as a junk dealer in any place other than the place designated upon his permit or maintain a junkyard in any place other than the place designated upon his permit.
Permits issued under this article are not transferable or assignable under any circumstances.
The Board of Commissioners shall have the power to revoke or refuse to allow the renewal of a permit for noncompliance with any of the provisions of this article.
From and after May 1, 1970, it shall be unlawful for any person or persons as herein defined to engage or continue to engage in business as a junk dealer or to establish or maintain or continue to operate or maintain a junkyard and scrap yard, within the limits of the Township, except as provided in this article.
There shall be no expansion of any junk, salvage and scrap yard in existence on the effective date of this article, nor shall any such business extend beyond the boundaries presently occupied by the junk, scrap, motor vehicles or other materials presently on the premises unless the owner shall have complied with the provisions of this article.
Existing junk, salvage and scarp yards, and the like, in existence on the effective date of this article:
A. 
Shall be required to obtain a permit.
B. 
Shall not expand or extend its business from the effective date of this article except as herein provided for such businesses.
C. 
Shall be in full compliance with all the provisions of this article by no later than December 31, 1970.
Every person engaged, in whole or in part, in the business covered by this article, shall continuously maintain a ledger book which contains detailed information recording the time of the purchase of any junk, a description of every article or material purchased or received by him, the date and hour of such purchase and the person from whom such article or material was purchased, received or handled by such person and such ledger book shall at all times be available for and subject to inspection by Township official or his designee.
Every person engaged in the business contemplated by this article shall keep and retain upon the premises, for a period of 48 hours after the purchase or receipt thereof, all junk received or purchased by him and he shall not disturb, reduce, change, modify or alter the original form, shape or condition of same until such period of 48 hours shall have elapsed.
Every person receiving a permit under this article shall constantly maintain the premises in accordance with and the manner prescribed by this section and any subsequent regulations adopted by the Board of Commissioners:
A. 
Such premises shall at all times be maintained so as not to harbor the breeding of rodents and vermin, create a menace of the health, safety and welfare of adjoining property owners or the community in general or otherwise constitute a nuisance.
B. 
No garbage or other organic waste shall be stored in or on such premises.
C. 
Whenever any motor vehicle or other item containing gas or oil shall be received on the premises as junk or otherwise, all gasoline and oil shall be drained and removed therefrom immediately upon receipt of the same. Gasoline in an amount not exceeding 10 gallons may be stored aboveground in the junkyard provided the same be placed in containers, approved, in writing, by the Fire Chief of Township. All other gasoline which is kept on the premises shall be stored underground, which underground storage must be approved, in writing, by the Board of Commissioners and must be in compliance with regulations of the Commonwealth of Pennsylvania relating to the same.
D. 
The storage and arrangement of junk and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water upon the premises and to facilitate access for firefighting purposes.
No flammable liquid shall be permitted to remain in any junk vehicle or container whether or not the container is a separate item or is an integral part of another item, at any time.
All rags, bottles and scrap paper, and the like, must be kept within the walls of a building constructed of fire-resistant material as determined by the Fire Chief of the Township.
A person receiving a permit under this article shall not burn more than one vehicle or its equivalent at any one time. No oil, grease, tires, gasoline or other similar material that might be dangerous or tend to produce obnoxious smoke or odors shall be burned within the junkyard at any time. Burning of vehicles and other permitted items must be attended and controlled at all times.
The area to be used for the storage, placement, disposal or accumulation of junk shall maintain a minimum setback distance of 500 feet from the right-of-way lines on all streets or roads, and a minimum setback distance of 500 feet from all other property lines. The area between the setback line and the right-of-way line and all streets and roads, and all other property lines, shall be kept clear and free of weeds and scrub growth at all times.
All junk shall be stored behind a fence, as specified below, which fence shall be placed at least 50 feet from all lot lines of the permitted premises occupied by the junkyard. Whenever such fence, or any part of such fence, is visible from a public road or from a residence or any adjoining property, a landscaped evergreen screen of trees and/or shrubs four feet or more in height at planting and which are capable of attaining a continuous height of eight feet or more, shall be planted along such fence or section of fence.
Every junkyard shall be completely fenced with a heavy-duty chain link or wire mesh fence at least six feet in height with gates of similar fencing material, which gates shall be at all times be securely locked except during business hours when an adult attendant employed as such is on the premises. Such fence shall have maximum openings of four square inches and the wire mesh shall be a minimum size and strength of number 10 gauge steel wire.
No vehicles, equipment trailers or junk shall be visible from beyond the boundaries of the property.
All vehicles, equipment trailers or junk shall be kept, stored or arranged on the premises for which a permit is granted as follows, to wit: There shall be established and maintained in all junk salvage and scrap yards, parallel aisles or roadways of not less than 10 feet in width and not more than 50 feet apart and intersecting perpendicular aisles or roadways of not less than 10 feet in width and not more than 50 feet apart. All aisles or roadways shall be kept clear of weeds, brush and debris at all times.
[Amended 10-10-1977 by Ord. No. 1252]
Upon receipt by the Department of Operations of an application for an original or renewal permit, the procedure shall be as follows, to wit:
A. 
An application for an original permit, except for existing businesses covered by this article, shall be forwarded by the Department of Operations to the Planning Commission that the latter shall make recommendation to the former regarding the manner of appropriately landscaping and/or enclosing said business with a fence so as to eliminate any nuisance or unattractive appearance.
B. 
Applications for a renewal permit shall be reviewed by the Department of Operations without forwarding to the Planning Commission unless there is a request for expansion or extension of the business; in such latter events, the same shall be first processed by the Planning Commission as stated aforesaid for original permits, except that existing junkyards, salvage and scrap yards and the like shall be reviewed as hereinafter indicated.
C. 
Application for renewal of permit for presently existing businesses covered by this article for the year 1971, shall also be forwarded to the Planning Commission for review and determination as to whether or not such business has complied with Chapter 27, Zoning, prior to January 1, 1971.
D. 
All applications to be reviewed by the Planning Commission as hereinbefore indicated shall be accompanied with the description of the premises owned or leased by the applicant for the businesses covered by this article and shall also be accompanied by a plan reflecting the outer perimeter of the land owned or leased with identity of owner or street on each side of the same; and, in addition, the inner perimeter reflecting the area to be used for the purposes of the permit, with courses and distances, metes and bounds, of both. The plot should also disclose the location of any permitted buildings and the aisles and roadways hereinbefore referred to.
All junk, salvage and scrap ceasing business for any reason whatsoever, voluntary or involuntary, shall comply with the provisions of Chapter 27, Zoning, relating to the same, as amended from time to time.
[Amended by Ord. No. 1356; by Ord. No. 1944; 8-8-2005 by Ord. No. 2578]
Any person, firm or corporation who shall violate any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this section continues shall constitute a separate offense.
In addition to the remedies provided hereinbefore, any continued violations of this article which shall constitute a nuisance in fact or which shall in the opinion of the Board of Commissioners constitute a nuisance, may be abated by proceeding against the violator in a court of equity for relief.