[HISTORY: Adopted by the Board of Commissioners of Penn Township 7-20-1998 by Ord. No.
537 (Ch. 83 of the 1975 Code). Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Penn Township
Junkyard Ordinance."
The purpose of this chapter is to regulate and license junk
dealers and the establishment and maintenance of junkyards and scrap
yards.
A.
FARM MACHINERY
JUNK DEALER
LICENSE
MOTOR VEHICLES
The definitions as set forth in Chapter 142, the Penn Township Ordinance of Definition, are hereby incorporated into this chapter. In addition, the following definitions shall apply:[1]
All types of machinery and equipment which are originally
manufactured for farm use and which have been used for agricultural
purposes.
Any person, firm, partnership or corporation who or which
buys, sells, salvages, stores or accumulates junk or who allows anyone
to buy, sell, salvage, store or accumulate junk on real property owned
by such person within the Township. The term "junk dealer" includes
any person who shall store or accumulate upon his or another's
premises or who shall permit the storage or accumulation upon premises
owned by him of any two or more inoperable or unlicensed motor vehicles
or such vehicles that do not have current and valid inspection stickers
as required by the motor vehicle laws of the Commonwealth of Pennsylvania,
or who shall store or accumulate upon his or another's premises
or who shall permit the storage or accumulation upon premises owned
by him of any four or more inoperable pieces of farm machinery, provided
that any person who operates an existing or after-established garage,
service station or repair facility shall not be classified as a "junk
dealer," provided that he stores or accumulates no more than two inoperable,
unlicensed or uninspected vehicles at any one time; that no single
such vehicle can be stored there for more than 30 days; and that the
garage, service station or repair facility may not have such vehicles
on the premises more than 120 days per year. Should any such person
operating one of the aforesaid facilities store or accumulate an inoperable,
unlicensed or uninspected vehicle(s) in conflict with the above referenced,
he shall be subject to all of the provisions set forth herein.
The permit issued by The Township of Penn granting authority
to own something, do a particular thing, or carry on a trade.
All types of automobiles, trucks, trailers, tractors, motorcycles,
all-terrain vehicles, snowmobiles and all other self-propelled machinery
of all kinds with the exception of farm machinery.
B.
In this chapter, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
A.
It shall be unlawful for any person to engage or continue to engage
in business as a junk dealer or establish, own or operate or continue
to establish, own or operate a junkyard in the Township except as
authorized by this chapter and without first having obtained a license
therefor from the Township.
B.
Any person desiring to continue to operate an existing junkyard or
to establish a new junkyard or desiring to engage in business or continue
to engage in business as a junk dealer shall first make written application
to the Township on a form prepared and made available by the Township
for such purposes, submitting all required fees therefor. A separate
application shall be required for each junkyard site.
C.
Upon an applicant's submission of an application for a junkyard
license, the Township shall have the right and is hereby authorized
to enter the premises upon which any business subject to the provisions
of this chapter is conducted, or about to be conducted, to inspect
same at reasonable times to determine compliance with the terms of
this chapter. The Township shall have 60 days from receipt of an application
for a license to review same; to inspect the operation of the junkyard/junk
dealer business and to inspect the premises upon which the business
is conducted, or about to be conducted, and, thereafter, to issue
or deny issuance of a license. When the site, any current operations
and the application are found to be in compliance with the provisions
herein set forth, the Township shall issue a license to the applicant
for the proposed site as described in the application. When the site,
any current operations and/or the application are found not to be
in compliance with the provisions herein set forth, the Township shall
refuse to issue a license and, in such event, shall provide the applicant
with a statement, in writing, setting forth the reasons for such denial.
Upon receipt of a notice of denial of an application for a license,
an applicant shall have 30 days to file an appeal thereto, in writing,
with the Township. The Board shall conduct a hearing on the applicant's
appeal in accordance with the provisions of the Local Agency Law[1] within 30 days of its receipt of said appeal.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551. et seq.
D.
All licenses shall be for a period of one year only, with each application
for renewal subject to the terms and conditions hereof. All requests
for renewals shall be submitted on the application form made available
by the Township and shall be subject to complete reexamination and
consideration by the Township for continued compliance with the terms
hereof.
E.
The applicant for a license shall submit with the application a license
fee, which shall be calculated in accordance with the schedule from
time to time established by resolution of the Township. All such fees
are due, payable to and for the use of the Township at the time of
application. In case of the refusal of a license, the Township shall
return a portion of the license fee in accordance with the fee schedule
established by the Township. Once a license has been issued, there
shall be no abatement of the annual license fee for any cause whatsoever.
A.
No person licensed under this chapter shall, by virtue of one license,
operate more than one business or junkyard within the municipality.
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 permitted size of
a junkyard shall be fixed at the time of license issuance. Any expansion
of a permitted facility shall necessitate that a new application be
submitted for the premises to be used as a junkyard and all such expanded
sites must be operated and maintained in accordance herewith.
B.
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.
C.
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 of any person from whom any junk has been acquired or
received; the name and address of any person to whom any junk has
been sold or transferred; the date of each transaction (whether the
acquisition or conveyance of junk); a complete description of the
junk acquired or conveyed. All such records shall be retained for
a period of three years and shall be open to inspection at all reasonable
times by Penn Township or its agent and by any law enforcement officer.
D.
Manner of storage of junk in junkyards. All junk in junkyards licensed
under this chapter shall be stored as herein provided:
(1)
For junkyards existing as of the effective date hereof; all junk
shall be set back at least 25 feet from any lot lines and at least
25 feet from the nearest easement or right-of-way of any public street,
road or highway.
(2)
For junkyards established after the effective date hereof; all junk
shall be set back at least 75 feet from any lot lines and at least
100 feet from the nearest easement or right-of-way of any public street,
road or highway.
(3)
All junk shall be stored and arranged so as to permit inspection
and access by fire-fighting equipment. All junk, including junked
motor vehicles, shall be spaced in rows with at least 20 feet between
double rows. Each row of junk shall be no greater than 40 feet in
width.
(4)
Junk shall be arranged so as to prevent the accumulation of stagnant
water and shall be stacked to a height of not more than eight feet
from the ground.
(5)
All gasoline, oil, air-conditioning refrigerant or any similar potentially
hazardous liquids shall be drained from junk within 24 hours of arrival
on premises. Such liquids shall be stored in a secure location on
the premises and shall be disposed of as required by law. Such liquids
shall not be deposited on or into the ground.
(6)
There shall be no burning of any materials, including but not limited
to junk, rubbish, refuse or solid waste of any type at a junkyard
licensed under this chapter.
(7)
Garbage, organic waste and trash shall not be received or stored
in any junkyard. Any garbage, organic waste or trash received as part
of or mixed with junk materials shall be promptly separated and disposed
of off the licensed premises within 10 days.
(8)
No junk shall be stored or accumulated within 100 feet of any river,
stream, creek, pond, lake or wetland or within the one-hundred-year
floodplain thereof, whichever is greater.
(9)
All grass, weeds and vegetation on the premises, excluding trees,
bushes and shrubs, shall be kept at a height no greater than six inches.
(10)
No junk shall be permitted to be blown or scattered by the wind
on adjoining premises or public streets.
(11)
No hazardous waste shall be received or stored on the licensed
premises.
E.
Fencing and screening; maintenance. Every junk dealer licensed under
this chapter shall enclose and maintain his junkyard as herein provided:
(1)
The portion of the licensed premises used as a junkyard shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of Subsection D(1) and (2) of this chapter and shall be eight feet in height. Such fence shall be made of wood, metal, masonry, chain link with metal or vinyl woven slats or other material which provides a solid surface incapable of intrusion by adults or children. Entrance gates shall be of similar material, 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.
(2)
All open areas between fence and lot lines of the premises shall
be maintained in a vegetative ground cover, with all grass and weeds
kept at a height no greater than six inches.
(3)
The fencing provisions hereof shall be applicable only to that portion
of the licensed premises being used directly for the storage of junk
and shall not be applicable to the balance of the premises not so
used; provided, however, that any expansion of the area used for the
storage of junk shall be subject to the fencing requirements hereof.
(4)
All junkyard premises shall be maintained in such manner so as not
to cause a public or private nuisance. Said premises shall not 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.
(5)
All junkyards existing as of the effective date hereof shall be enclosed
by a fence as hereby required within six months after said date.
F.
Right of entry for inspection; additional regulations authorized.
Every junk dealer and junkyard licensed under this chapter is subject
to inspection by the Township at any reasonable time. The Township
shall be authorized to enter upon the premises currently licensed
or for which a license application is pending for the purpose of determining
compliance with the provisions of this chapter. When the site, any
current operations and/or the application are found not to be in compliance
with the provisions herein set forth, the Township shall revoke the
license after providing the applicant with a statement in writing
setting forth the reasons for such revocation.
G.
Every junkyard shall provide one off-street parking space for each
employee per shift and shall provide one additional space for each
20,000 square feet of area or portion thereof used for the storage
or processing of junk.
H.
Every junkyard which has the delivery or pick up of materials by
commercial carriers regardless of the size of the trucks coming to
the property shall provide off-street loading/unloading spaces in
accordance with the design standards set forth in the Penn Township
Zoning Ordinance.[1]
A.
Junk dealers and junkyards lawfully existing and operating 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 expansion of a preexisting
junkyard shall comply with all requirements and terms hereof prior
to the granting by the Township of a license for the expanded facility.
C.
The Township, in addition to any other remedies available to it,
may take any appropriate action at law or equity, civil or criminal,
to enforce the provisions of this chapter or to enjoin or otherwise
restrain or prevent the violation of this chapter, and this chapter
shall in no way restrict any remedies otherwise provided by law.
