[HISTORY: Adopted by the Borough Council of the Borough of Youngwood 4-1-1991
as Ord. No. 382. Amendments noted where applicable.]
This chapter shall be known as the "Borough of Youngwood Junkyard and
Salvageyard Ordinance."
Unless otherwise expressly stated, the following words and terms shall
have, for the purposes of this chapter, the meanings herein indicated:
The Borough of Youngwood, Westmoreland County, Pennsylvania.
The Council of the Borough of Youngwood.
Any discarded material or article, including but not limited to scrap
metal or scrapped, abandoned or junked motor vehicles, machinery, equipment,
paper, glass, containers, appliances and structures, not including, however,
refuse or garbage kept or stored in a proper container for the purpose of
prompt disposal.
Any person, as hereinafter defined, who shall engage in the business
of selling, buying, storing, salvaging and dealing in junk and who maintains
and operates a junkyard or salvageyard with the Borough of Youngwood.
Any place where junk, as hereinbefore defined, is stored, disposed
of, accumulated, purchased, sold or dismantled or disassembled.
The permit granted to a person who accumulates, stores or disposes
of junk as hereinbefore defined.
Any person, partnership, association, firm, corporation or other
entity.
The same definition as "junkyard," as set forth above.
No person shall operate a junkyard or salvageyard, as owner, lessee
or otherwise, in the Borough of Youngwood until a license has been obtained
or renewed. Such license shall be issued or renewed by the Borough of Youngwood.
The initial and annual or renewal fees shall be in accordance with the schedule
hereinafter set forth.[1] Such license must be posted upon the premises at all times.
The application for a license or renewal of a license provided for in
this chapter shall be made by the person desiring the same on a form provided
by the Council. Such application shall set forth the name of the applicant
and the address of the premises on which the junkyard or salvageyard is to
be conducted, as well as such other information deemed appropriate or pertinent
by the Council. The applicant shall also submit a plot of the premises used
or to be used in connection with such license which shall set forth the area
to be utilized, the proposed or actual fencing and compliance with setback
requirements.
Upon receipt of an application, the Council shall cause the proposed
premises to be viewed so that a determination as to its suitability for the
intended purpose can be made. The Council shall also take into consideration
the character of the properties located adjacent or nearby and the possible
effect the proposed use may have upon the same or upon the Borough. Within
60 days of receipt of an application, the Council shall either issue or deny
a license. In the event that the Council shall issue a license, it may impose
upon the licensee and the premises such terms and conditions, in addition
to the regulations herein contained and adopted pursuant to this chapter,
as may be deemed necessary to carry out the spirit and intent of the chapter.
Such license shall be for a term of one year following the date of issuance.
If the application for a license is denied, the applicant shall have the right
to appear at the next regularly scheduled meeting of the Council and request
a reconsideration of the decision. The applicant may submit testimony or evidence
in support of his position.
A license issued under this chapter cannot be transferred to any other
person unless approved by the Council, in writing, following written application
and payment of a transfer fee as set forth in the schedule.[1]
A.
A license fee shall be paid immediately upon the issuance
or renewal of a license. The amount of the license fee shall be calculated
in accordance with the following schedule as determined by the size of the
land to be utilized, excluding required setback areas:
C.
The fee for transfer of a license, in accordance with
the provisions herein, shall be $25. The payment of any transfer fee shall
not relieve the licensee of the payment of any annual or renewal fee.
No person licensed under this chapter shall, by virtue of one license,
maintain more than one place of business within the borough for a junkyard
or salvageyard.
Every person licensed under this chapter shall continuously maintain
the premises in accordance with the following regulations or any subsequent
regulations promulgated and adopted by the Council, as well as any regulations
imposed by the Council at the issuance or renewal of the applicants'
license:
A.
The licensed premises shall be maintained at all times
so as not to constitute a nuisance or menace to the health, safety and welfare
of the community or to become a breeding ground for rodents and vermin.
B.
No garbage or other organic waste shall be stored on
the premises except in approved containers, intended to be picked up as part
of a regularly scheduled refuse collection system.
C.
Whenever any motor vehicle shall be received on the licensed
premises as junk, all gasoline and oil shall be immediately drained and removed
therefrom. Gasoline in an amount not exceeding 10 gallons may be stored above
ground in containers approved by the Council. Underground gasoline or fuel
storage shall be approved by the Council and shall be in conformity with all
federal, state and local laws, statutes, regulations or ordinances.
D.
The manner of 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 fire-fighting
and other public safety vehicles.
E.
Burning of any junk is strictly prohibited except as
may be specifically approved by the Fire Chief of the Borough of Youngwood
or any other official or representative designated by the Council.
F.
The premises to be licensed shall be set back a minimum
of 15 feet from the right-of-way line of any street, alley or roadway, or
from any other property lines. The setback area shall at all times be kept
clear and free of debris.
G.
The premises to be licensed shall, at the setback lines,
be enclosed by a fence of a type, style and height designated by the Council
or by evergreen screen plantings, or both. The Council may set forth the fence
and planting requirements at the time of the issuance of the license or at
the time of renewal or transfer of a license.
Any person who shall violate any provision of this chapter shall, for
each and every violation, upon conviction thereof, be sentenced to pay a fine
of not more than $300 and costs of prosecution and, in default of payment
of such fine and costs, to imprisonment in the county jail for not more than
30 days. Each day's violation of any provision of this chapter shall
constitute a separate violation.
Nothing herein contained shall be interpreted as preventing or precluding
the Council from instituting any other action, at law or in equity, to enforce
the provisions of this chapter or to abate a nuisance or public health or
safety violation. Nothing herein contained shall be interpreted as precluding
or preventing the Council from enforcing any other federal or state laws or
regulations regulating or controlling junkyards and salvageyards, or any activities
connected therewith.
