[Ord. 97-1, 2/26/1997, § 1]
This Part shall be known and may be cited as "Allen Township Junkyard Ordinance."
[Ord. 97-1, 2/26/1997, § 2]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this ordinance to have the meanings herein indicated:
The Board of Supervisors of Allen Township.
Any discarded material or article and shall include, but not be limited to, scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment, paper, glass, containers, and structures. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal.
Any person, as hereinafter defined, who shall engage in the business of selling, buying, salvaging, receiving and dealing in junk and who maintains and operates a junkyard within the Township of Allen.
Any land, structure, or land and structure in combination used for the storage (either temporary or permanent), baling, packing, sorting, handling, separating, disassembling, purchase, or sale of any material or materials which are used, salvaged, scrapped, or reclaimed but are capable of being reused or recycled in some form, including but not limited to metals, rags, fibers, paper, cloth, rubber, rope, plastic, bottles, cans, glass, machinery, tools, appliances, fixtures, utensils, lumber, boxes, crates, pipe, pipe fittings, tires, motor vehicles and motor vehicles parts. A Recycling Center as defined in the Allen Township Zoning Ordinance [Chapter 27] is specifically included in the within definition. No material which fails to meet this definition (including organic material or food products) because it is discarded and incapable of being reused in some form shall be permitted in any junkyard. The deposit or storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation or of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall be deemed to make the lot a junkyard.
The permit granted to a person who accumulates, stores or disposes of junk as hereinbefore defined.
Any partnership, association, firm and corporation.
Allen Township, Northampton County, Pennsylvania.
[Ord. 97-1, 2/26/1997, § 3]
No person shall engage in business as a junk dealer, or maintain a junkyard without first having obtained a license from the Board, for which license a fee in accordance with the schedule hereinafter set forth shall be paid to the Township for the use of the Township. The license shall be issued for the twelve-month period beginning July 1, and ending June 30 of the following year, and each license must be renewed annually on or before the first day of July of each year. Prior to renewal of the license, the property shall be subject to inspection by the Board of Supervisors, or its designee, to determine whether the property is being operated in accordance with the provisions set forth herein.
[Ord. 97-1, 2/26/1997, § 4]
The license provided for in this Part shall be issued by the Board after written application shall have been made therefore by the person desiring to be licensed. Such license shall state the name of the person to whom such license is issued and the premises on which such business is to be conducted, or such junkyard is to be maintained. Such license shall be posted conspicuously upon the premises licensed thereunder. The written application for license hereinabove mentioned shall be accompanied by a form, every question of which must be answered, which form will be supplied by the Board. Applicant shall also submit therewith a plot of the premises used or to be used in connection with such license.
[Ord. 97-1, 2/26/1997, § 5]
Upon receipt of an application by the Board, the Board shall issue a license or shall refuse to issue a license to the person applying therefore after an examination of the application and taking into consideration the suitability of the property proposed to be used for the purposes of the license, the character of the properties located nearby, and the effect of the proposed use upon the Township, both economic and aesthetic. In the event the Board shall issue a license, it may impose upon the license and the person applying therefore such terms and conditions in addition to the regulations herein contained and adopted pursuant to this ordinance as may be deemed necessary to carry out the spirit and intent of this Part.
[Ord. 97-1, 2/26/1997, § 6; as amended by Ord. 2007-04, 11/8/2007]
1.
The 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 actual land to be used by the person to whom the license is issued, excluding all setback areas:
A.
Less than 15,000 square feet in an amount to be established from time to time, by resolution of the Board of Supervisors.
B.
More than 15,000 square feet but less than 40,000 square feet in an amount to be established from time to time, by resolution of the Board of Supervisors.
C.
More than 40,000 square feet in an amount to be established from time to time, by resolution of the Board of Supervisors.
[Ord. 97-1, 2/26/1997, § 7]
No person licensed under this Part shall, by virtue of one license, keep more than one place of business within the Township or 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 in any place other than the place designated upon his license, or maintain a junkyard in any place other than the place designated upon his license.
[Ord. 97-1, 2/26/1997, § 8]
No license issued by the Board 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, as described in § 13-104 of this Part, by the transferee.
[Ord. 97-1, 2/26/1997, § 9; as amended by Ord. 2007-04, 11/8/2007]
In the event the Board shall approve the transfer of a license the transferee shall immediately pay to the Township a transfer fee in an amount to be established by resolution of the Board of Supervisors.
[Ord. 97-1, 2/26/1997, § 10]
Every person, licensed under this Part, shall provide and shall constantly keep a book, in which shall be fairly written down in the English language at 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, or receipt, and the person from whom such article or material was purchased, received or handled by such person shall at all times be subject to the inspection of any official of the Township.
[Ord. 97-1, 2/26/1997, § 11]
Every person, licensed under this ordinance, 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 by him, and he 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. 97-1, 2/26/1997, § 12]
Every person licensed under this Part shall constantly maintain the licensed premises in accordance with any special provisions imposed by the Board and in the manner prescribed by this section and any subsequent regulations adopted by the Board:
A.
Such premises shall at all times be maintained so as not to constitute a nuisance or a menace to the health of the community or of residents nearby or a place for the breeding of rodents and vermin.
B.
No garbage or other organic waste shall be stored on the premises.
C.
Whenever any motor vehicle shall be received in such premises as junk, all gasoline and oil shall be drained and removed therefrom. Gasoline in an amount not exceeding 10 gallons may be stored above ground in said junkyards provided the same be placed in containers approved by the State Fire Marshal. All other gasoline which is kept in the premises shall be stored underground, which underground storage must be approved by the State.
D.
No hazardous substance, as that term is defined in the Pennsylvania Workers and Community Right-to-Know Act (35 P.S. § 7301 et. seq.), shall be stored on the premises.
E.
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 purposes.
F.
All junk kept, stored, or arranged on the licensed premises shall at all times be kept, stored, and arranged within the junkyard as described in the application for license hereunder, and as limited under Subsection (D) above.
G.
No burning shall be permitted in any junkyard.
[Ord. 97-1, 2/26/1997, § 13; as amended by Ord. 2007-04, 11/8/2007]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a Magisterial District Judge 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 fine and costs, to a term of 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.
[Ord. 97-1, 2/26/1997, § 14]
In addition to the remedies provided in § 13-113 above, any continued violations of this Part which shall constitute a nuisance may be abated in accordance with the Allen Township Nuisance Ordinance or any other manner prescribed by law.