[HISTORY: Adopted by the Board of Commissioners of the Township of Spring Garden 12-31-1974 by Ord. No. 37; amended in its entirety 12-14-1994 by Ord. No. 94-5 (Ch. 13, Part 7, of the 1994 Code). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- FARM MACHINERY
- All types of machinery and equipment which were originally manufactured for farm use which are retained on farm properties either as operable equipment or for the purpose of salvaging repair parts.
- Any discarded or salvageable article or material, including, but not limited to, scrap metal, paper, rags, glass, containers, scrap wood, motor vehicles, trailers, machinery and equipment, with the exceptions of farm machinery and mobile homes or house trailers which are occupied or are properly placed and planned for occupancy.
- JUNK DEALER
- Any person who buys, sells, salvages, stores, or in any way deals in junk; or who owns, leases, operates or maintains a junkyard within the Township.
- Any place where junk, as herein defined, is stored or accumulated. Any premises, as herein defined, having two or more unlicensed trailers thereon shall be deemed to be a junkyard, except that the foregoing shall not apply to duly licensed automobile dealers having operable vehicles on their premises for resale. Such exception shall not apply to inoperable vehicles being stored primarily for salvage purposes.
- MOTOR VEHICLE
- All types of automobiles, trucks and tractors, including self-propelled machinery of all kinds, with the exception of farm machinery.
- Any natural person, partnership, firm, company, corporation or other legal entity.
- Any parcel of land situated in the Township, having a separate tax map parcel number for county assessment purposes.
- SOLID WASTE
- Any waste, including, but not limited to, municipal, residual or hazardous wastes including solid, liquid, semisolid or contained gaseous material.
- Any wheeled vehicles not self-propelled, drawn by a motor vehicle.
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.
No person may operate a junkyard, as herein defined, within the Township without first obtaining a license as herein described. A junkyard must comply with all requirements of the Spring Garden Township Zoning Ordinance (Chapter 310).
Any person desiring to operate a junkyard in the Township shall first make written application to the Township Zoning Officer. Such application shall be in the form established by the Zoning Officer and shall set forth the applicant's name and address, include an accurate description of the premises on which the junkyard is to be located including the county tax map parcel number(s), and a statement that the applicant will comply with this chapter and any regulations adopted pursuant to this chapter, and such other information as the Board of Commissioners may require. (State DEP regulations require persons to apply to the state for a license when a junkyard is to be within 1,000 feet of a federal highway.)
An application for license under this chapter shall be examined by the Township Zoning Officer and license issued or denied within 60 days of submission thereto. Examination of the application shall include consideration of the suitability of the property proposed to be used for the purpose of the license, the character of nearby properties, and the effect of the proposed use upon the zoning regulations of the Township. When the application is found in compliance with the provisions of this chapter, the Township Zoning Officer shall issue a license to the junk dealer applicant for operation of the junkyard as described in the application.
The required fees shall consist of the application/license fee which shall not be returnable even in case of refusal of license. Said fee shall be established pursuant to a resolution of the Board of Commissioners. All fees are due, payable to and for the use of the Township, at time of application.
No person licensed under this chapter shall, by virtue of one license, operate more than one business or junkyard within the Township. No person shall engage in business or operate a junkyard at any place other than the place designated by his license. Licenses are nontransferable, both as to junk dealer and junkyard premises.
The license under which the junkyard is operated shall at all times be conspicuously posted on the licensed premises, and the operating requirements as herein provided shall be complied with.
Permanent records of all junk received in or removed from any junkyard shall be kept by the junk dealer on the premises, containing the name and address from whom received or to whom delivered, the date thereof, and a description of the junk. Such records shall be open to inspection at all reasonable times by the Township Zoning Officer and by any law enforcement officer.
Junkyards and businesses licensed under this chapter may not operate on Sundays nor outside the hours set by the Zoning Hearing Board, except to remove any wrecked automobile from any public highway.
All junk in junkyards licensed under this chapter shall be stored as herein provided:
All junk shall be set back at least 20 feet from any adjoining premises and at least 35 feet from the nearest right-of-way of any public street, road or highway.
All junk shall be stored and arranged so as to permit access by fire-fighting equipment. Junked motor vehicles shall be spaced in rows with at least 20 feet between double rows; other junk shall be stored in piles or tiers which shall be separated by aisles or cleared areas of no less than 10 feet.
Junk shall be arranged so as to prevent the accumulation of stagnant water and shall be stacked to a height of not more than six feet from the ground.
All gasoline and oil shall be drained from junked motor vehicles within 48 hours of arrival on premises. Such gasoline and oil shall be stored at only one location on the premises and not more than 100 gallons in the aggregate, in proper containers, may be stored above ground.
Paper, rags, plastics and similar materials for salvage shall be stored indoors.
Paper, rags, plastic and similar materials for salvage shall not be accumulated or remain on the junkyard premises for more than 60 days. Materials separated as solid waste shall not be accumulated for more than 30 days.
Garbage organic waste or plain solid waste shall not be received or stored in any junkyard. Materials designated as solid waste may be received only as mixed with salvageable materials and shall be promptly disposed of as herein provided.
Every junk dealer licensed under this chapter shall enclose and maintain his junkyard as herein provided:
Every junkyard premises shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of § 178-4A of this chapter, shall be at least eight feet in height, and shall be of wood, plank boards, brick cinder block, concrete or wire with maximum lineal openings of three inches. Entrance gates shall be of similar materials, well constructed, and shall be kept securely locked except during business hours. Fencing shall be maintained in good condition throughout its length at all times.
Junkyard premises which have open-wire fence enclosures visible from an abutting public thoroughfare or from an abutting residential property within 500 feet of the fence shall have a landscaped screen of trees and/or shrubs of varieties capable of attaining a continuous height of six feet within two years planted along such fence or section of fence. All required open areas between fence and lot lines of the premises shall be maintained continuously in good order, free of weeds and scrub growth.
The area inside the fence and lot lines of any junkyard premises shall have weeds mowed regularly and not permitted to go to seed.
All junkyard premises shall be maintained in such manner so as not to cause a public or private nuisance. Nor shall they cause any menace to the health or safety of persons off the premises. Nor shall they cause any excessive or offensive or noxious odors or sounds. Nor shall they cause the breeding, harboring or infesting of rats, rodents or vermin. Nor shall they be in violation of any health or sanitation law or ordinance or regulation of any governmental body.
Every junk dealer and junkyard licensed under this chapter is subject to inspection and regulation as herein provided:
Any member of the Board of Commissioners, the Township Zoning Officer, or other Township enforcement official may at any reasonable time enter upon the premises currently licensed or for which a license application is pending.
The Board of Commissioners may from time to time pursuant to resolution adopt regulations to carry out the provisions of this chapter, upon giving notice to licensees affected by such regulations.
The Board of Commissioners may waive the setback requirements as established by § 178-4A and the planting requirements as established in § 178-7B for those junkyards in existence at the time of the enactment of this chapter, if such junkyard is in compliance with the other requirements as provided by this chapter and if, in the Board of Commissioners' discretion, compliance with said setback and planting requirements would cause undue hardship to such existing junkyard.
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.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not more than $1,000 plus costs and, in default of payment, to imprisonment of a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
The Board of Commissioners may take any appropriate action at law or equity, civil or criminal, to enforce the provisions of this chapter, and this chapter shall in no way restrict any remedies otherwise provided by law.