This chapter shall be known and may be cited
as the "East Manchester Township Junk Dealer and Junkyard Ordinance."
On and after the effective date of this chapter,
no person shall engage or continue to engage in business as a junk
dealer, or establish or operate a junkyard in the Township except
as authorized by this chapter and without first having obtained a
license therefor from the Board of Supervisors of the Township.
Each applicant shall pay an annual license fee in such amount as shall be set from time to time by resolution of the Board of Supervisors of the Township, payable at the time of application. In the event that the license submitted is denied, the fee shall be refunded. All licenses shall be issued for a term of one year, beginning January 1 and ending December 31 of each year. No abatement of the annual license fee shall be made for any cause whatsoever. For all junkyards in operation on January 1 of each year, said license shall be obtained prior to January 1. For any junkyard which begins operation after January 1, then application as require in §
122-4 of this chapter shall be made within 15 days of beginning operation of said junkyard. Such license shall be issued upon the condition that the same may be summarily revoked in the event the licensee is found to have given any false information or has in any way misrepresented any material fact upon which the issuing authority has relied in granting such license. In the event of revocation of a license, the licensee shall not be entitled to a refund of any portion of the license fee.
Upon receipt of an application for license under this chapter, the Township shall determine whether or not a license shall be issued or a renewal thereof shall be granted after an examination of the application and upon the fullest consideration of the suitability of the premises proposed to be used for the purposes of the license, the character of the property adjacent thereto and the effect of the proposed use, taking into consideration the health, welfare and safety of the residents of the Township, any potential hazard which may result to adjacent properties and structures thereon or to the citizens of East Manchester Township and the application of Chapter
255, Zoning, of the Code of the Township of East Manchester. Upon approval of the application for license, the Township shall issue to the applicant a license, upon which shall be designated the name of the licensee and the address of the premises approved for use as a junkyard. Such license shall at all times be conspicuously posted upon the licensed premises. No such license issued by the Township shall be transferable or assignable by agreement, will, intestacy or otherwise.
The Board of Supervisors of the Township hereby
designate the Township Manager and the Zoning Officer, each of whom
shall be the issuing agents for licenses and the Enforcement Officers
for violations of this chapter. In the event that an applicant disagrees
with or disputes a determination of the designated Enforcement Officer,
then the applicant shall have the right to have the application reviewed
by the Board of Supervisors of the Township. Such request must be
made, in writing, by the applicant within 30 days of the objectionable
action of the Enforcement Officer, and the Board of Supervisors shall
hear the appeal and decide the matter within 45 days of the applicant's
appeal. In the case of an initial application, the applicant shall
not be permitted to begin operation pending said appeal. In the case
of a license renewal application, the appeal by the applicant shall
stay enforcement proceedings until such time as the Board of Supervisors
has rendered its decision on the appeal as provided in this section.
No license or renewal of license shall be issued
to any person who, within one-year immediately preceding the date
of his application shall have been convicted for any felony or any
misdemeanor involving crimin falsi.
Every licensee shall keep and maintain and,
at the request of the Township Enforcement Officer, provide to the
Township records, in the English language, including the date of purchase,
acquisition or receipt of junk, a full and complete description, including
trade names, serial or manufacturer's numbers, if any, of every article
or item of junk purchased, acquired or received by him/her and the
name and address of the person from whom such article or item of junk
was purchased, acquired or received. In addition to making said records
available to the Township Enforcement Officer upon request, such records
shall at all times be subject to inspection by the Police Department
having jurisdiction within the Township, for just cause. Such records
shall be retained for a period of five years.
Every licensee shall constantly and continually
maintain the licensed premises as follows:
A. Such premises shall at all times be maintained so
as not to constitute a nuisance or a menace to the health, safety
and welfare of the community or to residents nearby or a place for
the breeding of rodents and vermin.
B. No garbage or other organic waste shall be stored
or disposed of on the premises.
C. 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 licensed property and
to facilitate access for inspection purposes and fire fighting.
D. No junk shall be stored or accumulated nor shall any
structure be erected within 25 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. No
junk shall be stored or accumulated or any structure erected that
is used in connection with said junkyard within 40 feet of the property
line abutting a public street or highway within the Township. In the
case of a property which abuts a public street or highway on two sides
of the property, the above forty-foot setback shall apply to one street
only. The remaining setbacks shall apply otherwise. This section shall
not apply to existing structures on existing junkyards, nor shall
it apply to existing structures on new junkyards, so long as those
structures were constructed prior to the effective date of this chapter.
E. No junk, scrap, automobile parts, motors or any other
item of junk as defined in this chapter shall be stored, maintained,
situated, placed or otherwise located within 50 feet of any river,
stream, run, creek, irrigation ditch or any other natural watercourse.
F. The perimeter of the junkyard shall be enclosed or suitably screened, either with opaque fencing consistent with Chapter
255, Zoning, but in no event to exceed eight feet, or other suitable planted screening which shall create an opaque barrier between said junkyard and adjoining properties or public streets or highways. The erection of said screening shall be completed within 12 months after the date of the issuance of the initial junkyard license. The Board of Supervisors of the Township may, in its sole discretion, grant an extension of time for the completion of said screening, upon receipt of a letter from the said junkyard owner or operator requesting such an extension of time, and so long as the Board of Supervisors is satisfied that the owner and/or operator has clearly demonstrated that he/she is making a continuing bona fide effort to comply with the provisions of this subsection.
G. The area between the provided wall or screening and
any public street or highway or any residential lot or dwelling unit
shall be subject to the all appropriate weed ordinances of the Township.
H. 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 regulation of the Department of Labor and Industry
of the Commonwealth of Pennsylvania concerning the prevention of fire
and panic.
I. All licensees shall be bound by all provisions of all ordinances of the Township, including but not limited to Chapter
255, Zoning, Chapter
208, Subdivision and Land Development, Chapter
243, Weeds, Grass and Other Vegetation of Excessive Height, this chapter and Chapter
67, Burning, Control of.
J. The Board of Supervisors shall have the authority,
upon written request of a licensee or applicant, to waive any of the
subsections of this section as the circumstances, in the sole judgment
and discretion of the Board of Supervisors, may require in order to
avoid an undue hardship or unrealistic application of the provisions
of this section. The decision of the Board of Supervisors in granting
or refusing to grant a waiver shall be exclusive and final.
All junk dealers and junkyards operating and
existing in the Township on the effective date of this chapter shall
be required to comply with the provisions of and obtain a license
under this chapter within six months from the effective date. The
Township may, in its sole discretion, grant one additional six-month
extension for good cause shown.
The Enforcement Officer shall from time to time
inspect the premises of every licensee for the purpose of determining
whether said licensee has established and maintained the premises
in full compliance with the provisions of this chapter and such rules
and regulations as may hereafter be adopted by the Board of Supervisors
of the Township regulating and licensing junk dealers in the establishment
and maintenance of junkyards. Such inspections shall be conducted
during reasonable hours of the day and, if conducted during the regular
business hours of the licensee or applicant, may be done without prior
notice to the licensee. If said inspections are to be conducted other
than during the scheduled business hours of licensee or applicant,
such inspections may be conducted upon 24 hours' notice, which may
be either oral or written.
No junkyard as defined in this chapter shall
be granted a license unless off-street parking is provided within
the property owner's boundary lines or on property immediately abutting
said property.
This chapter is intended to set forth the requirements
only of East Manchester Township and shall not be in any way be construed
to be or constitute a waiver of any other licensing or registration
requirements of any other governmental or regulatory agency, whether
local, county, state or federal.
[Amended 5-14-1996 by Ord. No. 5-14-96; 2-19-1997 by Ord. No. 2-19-97A]
Any person who violates any provisions of this
chapter shall commit a criminal offense, and shall, upon being found
guilty by a Magisterial District Judge, after hearing, pay a fine
not to exceed $1,000, together with all court costs as permitted by
law. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day of violation
shall constitute a separate offense, which shall be subjection to
prosecution as such. For purposes of this section, the Board of Supervisors
of East Manchester Township hereby appoints the Township Manager,
Secretary, Zoning Officer, Permit Officer or Codes Enforcement Officer
as authorized representatives, any one of whom, in addition to any
police officer with jurisdiction within the Township, may commence
and pursue enforcement proceedings pursuant to this section.