[HISTORY: Adopted by the Board of Supervisors of the Township of Marlborough 3-12-2002 by Ord. No. 02-02. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 182.
Zoning — See Ch. 275.
This chapter shall be known and may be cited as "Marlborough Township Junkyard Ordinance."
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings herein indicated:
BOARD
The Board of Supervisors of Marlborough Township.
JUNK
Any discarded material or article, any previously used material or article stored for resale, and shall include, but not be limited to, vehicle or machine parts, 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.
JUNK DEALER
Any person, as hereinafter defined, who shall engage in the business of selling, buying, salvaging, or dealing in junk and who maintains and operates a junkyard within the Township of Marlborough.
JUNKED OR ABANDONED VEHICLE
Includes but shall not be limited to one or more of the following:
A. 
A vehicle for which a certificate of junk has been issued by the Pennsylvania Secretary of Revenue or the official designated by any other state to issue such certificates;
B. 
A vehicle in or on which it is found that any of the following exists: engine or engine parts have been removed for more than 30 days; tires have been deflated or its wheels have been removed for more than 30 days; or bears no official inspection sticker or any such sticker is not current by more than 90 days; provided that a vehicle under repair which is bona fide intended for use shall not be deemed within the foregoing definition.
JUNKYARD
Any place where any junk, as herein defined, is stored, disposed of, or accumulated. It shall also be construed to include any place where one or more junked or abandoned vehicles are stored.
LICENSE
The permit granted to a person who accumulates, stores or disposes of junk as hereinbefore defined and to a person who owns property on which junk, as hereinbefore defined, is accumulated, stored or disposed of.
PERSON
Include any partnership, association, firm and corporation.
TOWNSHIP
Marlborough Township, Montgomery County, Pennsylvania.
No person shall engage in business as a junk dealer, or maintain a junkyard, or own property upon which a junkyard is maintained without first having obtained a license from the Township, for which license a fee as set from time to time by resolution of the Board of Supervisors shall be paid to the Township for the use of the Township each and every calendar year. Such license must be renewed annually on or before the 15th day of March of each year.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Subject to the provisions of § 150-5, the license provided for in this chapter shall be issued by the Township after written application by the person or persons desiring to be licensed. Where the operator of the junkyard to be licensed and the owner of the property to be the site of the junkyard are not the same person, both the owner and the operator must jointly apply for and receive a license under this chapter. Both the owner and operator are jointly responsible for compliance with the terms of this chapter and shall be jointly and severally liable for fines levied under this chapter. The written application for license shall set forth the name of the owner or owners of the property used for the junkyard, the name of the operator, the address of the junkyard and the size of the property upon which the junkyard is located. The applicant or applicants shall also submit a survey print of the property used or to be used in connection with such license showing all buildings to be used in connection with the operation of the business, the relationship and distances of each building to the setback lines as set forth in § 150-9G, the approximate location of any and all buildings and structures on all properties adjoining the licensed property and the areas of the property to be used for storage. The license obtained shall state the name of the person or persons to whom the license is issued and shall identify the property on which such business is to be conducted. Such license shall be posted conspicuously upon the property licensed at all times.
Upon receipt of an application by the Township, the Township shall issue or refuse to issue a license to the applicant after an examination of the application and consideration of the conformity of the property to the regulations of § 150-9 of this chapter, the status of the proposed use under Chapter 275, Zoning, and the effect of the proposed use upon the public health, safety and welfare. In the event the Township shall issue a license, it may impose upon the license and the applicant such terms and conditions in addition to the regulations herein contained and adopted pursuant to this chapter as may be deemed necessary to protect the public health, safety or welfare. Any person receiving a license under this chapter shall be deemed to have agreed to comply with the terms of the license, and any deviations therefrom shall constitute a violation of the chapter.
No person licensed under this chapter 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.
No license issued by the Township shall be transferable by the licensee to any other person unless such a transfer is authorized by the Township. Any person desiring to transfer his license shall notify the Township in writing, which notification shall be accompanied by an application for a license, as described in § 150-4 of this chapter, by the transferee. In the event the Township shall approve the transfer of a license, the transferee shall immediately pay to the Township a transfer fee in an amount as set from time to time by the Board of Supervisors.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Every person licensed under this chapter 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/her, the date and hour of such purchase and the person from whom such article or material was purchased or received. Such book and all junk received, purchased or handled by the person licensed shall at all times be subject to the inspection of any official of the Township.
Every person who shall engage in business as a junk dealer, maintains and/or operates a junkyard, or owns property upon which a junkyard is maintained and/or operated shall constantly maintain the property upon which the junkyard is located in a manner prescribed by this section and any subsequent regulations adopted by the Township. Compliance with the requirements of this section shall be a condition to the issuance or reissuance of a license under this chapter. The absence of a license shall not preclude prosecution for failure to comply with these requirements.
A. 
At no time shall such premises 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. 
Whenever any motor vehicle shall be received in such premises as junk, all gasoline shall be drained and removed therefrom. Gasoline in a total amount not exceeding 10 gallons may be stored above ground in containers approved by the Township. All other gasoline shall be stored underground, which underground storage must be approved by the Department of Environmental Protection.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
No garbage or other waste, and no paper, rubbish, rags or other flammable articles or materials shall be stored on such premises.
D. 
The manner of storage and arrangement of junk, and the operation of drainage facilities shall prevent the accumulation of stagnant water and facilitate access for firefighting purposes.
E. 
All junk shall be kept, stored or arranged in a neat and orderly manner in keeping with the standards of the trade, limited under Subsection D above. At no time may the hulk or body of any vehicle or machine be stacked upon the hulk or body of another vehicle or machine.[2]
[2]
Editor's Note: Original Subsection F, regarding burning exceptions and burning of vehicles, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
The premises operated and/or maintained as a junkyard shall be set back either: (i) a distance equal to the applicable zoning setback; or (ii) a minimum distance of 65 feet from the center line of all streets or roads, and a minimum distance of 20 feet from all adjoining property lines, whichever (i) or (ii) is greater. The area between the setback line and property lines shall at all times be kept clear of debris and at all times neatly trimmed and mowed.
G. 
On any and all premises operated and/or maintained as a junkyard, those areas where junk is kept shall be enclosed by an opaque fence or wall of uniform design, texture and structure at least seven feet high, except that such fences or walls in the premises' front yard, as defined by Chapter 275, Zoning, must be at least 10 feet in height. Fences and walls must screen all junk from public view and must prevent access to the junk. Where a fence or wall prevents access to the junk but does not screen all junk from public view, the fence or wall may meet the requirements of this section if it is supplemented by landscaping sufficient to shield all junk from public view.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to the remedies provided in § 150-10 above, any continued violations of this chapter which shall constitute a nuisance in fact or which shall in the opinion of the Township constitute a nuisance may be abated by proceeding against the violator in a court of equity.
In case of other ordinances relating to junkyards, or such other matters as may be contained herein, the same are repealed to the extent necessary to give effect to this chapter. As used herein, the masculine singular shall include the plural as well as the feminine and neuter, singular and plural.