[Ord. 1975-5, 12/5/1975]
JUNK — Any discarded or salvageable articles
or materials, including but not limited to: Scrap metal, scrapped,
abandoned, junked, damaged or wrecked motor vehicles, machinery, equipment,
papers, rags, glass, containers, structures and junk trailers. Farm
machinery which is not motorized and self-propelled shall not be considered
as junk for the purposes of this Part.
Any person who buys, sells, salvages, stores or in any way
deals in junk; or owns, leases, operates, or maintains a junkyard
within Londonderry Township.
All types of automobiles, trucks, tractors and self-propelled
machinery of all kinds for which no motor vehicle registration plate
and/or yearly renewable tag has been issued by the Commonwealth of
Pennsylvania, Bureau of Motor Vehicles, for a twelve-month period
following expiration of the plate and/or tag previously issued to
such vehicle, except junked or unjunked automobiles held for resale,
useable construction equipment and machinery, and farm machinery.
Any place which is maintained, used or operated for storing,
keeping or selling junk, as herein defined, or any premises having
one or more junked motor vehicles.
The permit granted, by the Township Board of Supervisors,
to a person who accumulates, stores or disposes of junk as herein
defined, for the purpose of maintaining and operating a junkyard.
Any individual, firm, trust, partnership, public or private
association or corporation.
[Ord. 1975-5, 12/5/1975, § 5.2; as amended by Ord.
91-2, 11/4/1991]
No person shall engage in business as a junk dealer and maintain
a junkyard without first obtaining a license from the Londonderry
Township Board of Supervisors, for which license a fee shall be paid
to the Township for the use of the Township to defray the cost of
staff work. Such license shall be effective for one calendar year
and shall be renewed annually.
1.
License Application.
A.
The license provided for herein shall be issued by the Londonderry
Township Board of Supervisors after written application shall have
been made by the person desiring to be licensed. Such application
shall state the name, address and telephone number of the applicant,
and a statement that the applicant will comply with the regulations
as stated herein and any regulations adopted pursuant to this Part,
and such other information as the Township Board of Supervisors may
require.
B.
The written application shall be accompanied by a sketch plan, 24
inches by 36 inches, showing the following:
2.
License Issuance. Upon receipt of an application by the Township
Board of Supervisors, the Board shall, within 90 days, determine to
issue or refuse to issue the applicant a license. In reviewing the
application, the Board shall take into consideration the suitability
of the property proposed for such junkyard, the character of the surrounding
properties, and the effect of the proposed use upon the Township,
both economic and aesthetic. Upon approval of the issuance of a license,
the Board may impose upon the license and the applicant such terms
and conditions, in addition to the regulations herein contained, as
may be deemed necessary to carry out the intent of this Part.
3.
License Fee and Period. The fee for the initial license shall be
as established from time to time by resolution of the Board of Supervisors,
and the license shall be effective for a period of one calendar year,
terminating on December 31, for the year in which it is issued, and
is subject to renewal only upon reapplication. Such fee shall be payable
to Londonderry Township at the time of application.
4.
License Renewal. All licenses issued under this Part are required
to be renewed prior to January 1 of the year in which it is desired
to continue operation. The application for renewal shall be in writing
and shall be accompanied by the renewal fee as established from time
to time by resolution of the Board. All renewal applications are subject
to complete reexamination and consideration by the Township Board
of Supervisors for continued compliance with the terms of this Part.
5.
License Limitation. No person licensed under this Part shall by virtue
of one license, maintain more than one junkyard, for the purpose of
buying, selling and dealing in junk. No person shall engage in business
as a junk dealer and maintain a junkyard in any place other than designated
upon his license.
6.
License Transfer. No license issued by the Township Board of Supervisors
shall be transferable by the licensee to any other person unless such
a transfer is authorized by the Board. Any person desiring to transfer
his license shall notify the Board in writing, which notification
shall be accompanied by an application for a license, by the transferee,
as described herein. Upon approval of the transfer of a license, the
transferee shall pay to the Township a transfer fee as established
by resolution of the Board of Supervisors.
[Ord. 1975-5, 12/5/1975; § 5.3]
Motor vehicles capable of being licensed as antiques by the
Commonwealth of Pennsylvania and other makes of motor vehicles kept
as classic cars so long as all such antiques and classics are assembled
with substantially all essential parts and are in a reasonable state
of repair and preservation, are exempt from the regulations stated
herein.
[Ord. 1975-5, 12/5/1975, § 5.4]
Every person licensed under this Part shall keep on the licensed
premises a book in which shall be written down the time of the purchase
of any junk, description of every article or material purchased or
received, the date of such purchase or receipt and the person from
whom such article or material was purchased or received. Such records
shall be subject to the inspection of any member of the Township Board
of Supervisors, or his duly authorized representative.
[Ord. 1975-5, 12/5/1975, § 5.5]
Every junk dealer shall keep and retain upon the licensed premises,
for a period of 48 hours after the purchase or receipt thereof, all
junk received or purchased and shall not disturb or reduce the same
or alter the original form, shape or condition until such period of
48 hours shall have elapsed.
[Ord. 1975-5, 12/5/1975, § 5.6; as amended by Ord.
91-2, 11/4/1991]
Every junk dealer shall maintain the licensed junkyard and conduct
business in accordance with any special provisions imposed by the
Township Board of Supervisors and in the manner prescribed herein.
A.
Fences.
(1)
The entire perimeter of such premises shall be enclosed by a
fence, excepting that a solid building or structure may be used as
part of such enclosure. Such enclosure shall be set back a minimum
of 25 feet from the public road right-of-way line and all other property
lines, excepting where additional setback is required by the Township,
such as in a case where the junkyard abuts a residential development.
(2)
Such fence shall be a solid covered fence of material such as
masonry, corrugated metal or wood, and shall be a minimum of six feet
in height. The gate must be of similar material and shall be locked
when closed for business. Such fence and gate must be maintained in
such a manner as not to become unsightly and there shall be no advertising
of any form placed on the fence.
B.
All gasoline and oil shall be drained from any junked automobile
into containers within 12 hours from the arrival of such junked automobile.
Gasoline or oil shall be stored at only one location on the licensed
premises and no more than 20 gallons in aggregate of gasoline and
oil shall be stored above ground.
C.
Spacing. All junk shall be stored and arranged so as to permit access
by fire fighting equipment and to prevent accumulation of stagnant
water. Junked automobiles shall be spaced in rows with a minimum of
20 feet between each double row to permit movement of fire equipment.
Junk shall not be piled to a height of more than eight feet from the
ground.
D.
Limitations on Certain Materials. Rags, paper, plastic materials
and rubbish shall not be stored outside and shall not be accumulated
or remain on any junkyard premises for more than one month.
E.
Weeds. All weeds on any junkyard shall be kept removed and shall
not be permitted to go to seed. The area between the setback line
and the right-of-way line and the property line and the fence line
shall, at all times, be clear, vacant and well maintained.
F.
Organic Waste. No garbage or organic waste shall be permitted to
be stored on any junkyard premises.
G.
Nuisances Prohibited. Junkyards shall at all times be maintained
in such manner as to cause no public or private nuisance nor to cause
any menace to health or safety of any persons off the premises nor
to cause any excessive or offensive or noxious odors nor to cause
the breeding, harboring or infesting of rats, rodents or vermin nor
to cause a violation of any health or sanitary law, ordinance or regulation
of any governmental body.
[Ord. 1975-5, 12/5/1975, § 5.7]
Any member of the Township Board of Supervisors or his duly
authorized agent, may at any reasonable time enter upon and inspect
any premises for which there is a pending application for a junkyard
or which holds a current junkyard license.
[Ord. 1975-5, 12/5/1975, § 5.8; as amended by Ord.
91-2, 11/4/1991; by Ord. 1997-2, 1/6/1997; and by Ord. 1998-2, 6/1/1998,
§ 4]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fines and costs, to a term or imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
