This chapter shall be known and may be cited as "East Lampeter
Township Junkyard and Refuse Ordinance."
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated:
AUTOMOBILE JUNK OR GRAVEYARD
Any place where more than three automobiles, which do not
bear a current Pennsylvania state inspection sticker and are not fit
for immediate highway use, are stored or accumulated.
BOARD
The Board of Supervisors of East Lampeter Township.
JUNK
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.
JUNK DEALER
Any person who shall engage in the business of selling, buying,
salvaging and dealing in junk and who maintains and operates a junkyard
within the Township of East Lampeter.
JUNKYARD
Any automobile junk or graveyard or any place where any junk
as hereinafter defined is stored, disposed of, or accumulated.
LICENSE
The permit granted to a person who accumulates, stores or
disposes of junk as defined in this chapter.
PERSON
Includes any partnership association, firm and corporation.
TOWNSHIP
East Lampeter Township, Lancaster County, Pennsylvania.
The license provided for in this chapter shall be issued by
the Board after written application shall have been made therefor
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 contain questions, every one of which
must be answered. The written application form shall 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.
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
therefor after an examination of the application and taking into consideration
the suitability of the property proposed to be used for the purpose
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 therefor such terms and conditions
in addition to the regulations herein contained and adopted pursuant
to this chapter as may be deemed necessary to carry out the spirit
and intent of this chapter.
[Amended 6-3-2002 by Ord. No. 232]
The license fee shall be paid immediately upon the issuance
or renewal of a license. The amount of the license fee shall be in
an amount as determined, from time to time, by resolution of the Board
of Supervisors as determined by the actual land to be used by the
person to whom the license is issued, excluding all set-back areas.
No license shall be issued for the use of a tract of land in excess
of 15 acres, excluding set-back areas.
No person licensed under this chapter shall, by virtue of one
license, keep more than one junkyard and that junkyard shall be only
situated at the location designated upon said license.
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 §
193-4 of this chapter, by the transferee.
[Amended 6-3-2002 by Ord. No. 232]
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 as established, from time to time, by resolution of the
Board of Supervisors.
Every person licensed under this chapter 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.
Every person licensed under this chapter 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 in such premises.
C. Whenever any motor vehicle shall be received in such premises as
junk, all gasoline shall be drained and removed therefrom. Gasoline
in an amount not exceeding 10 gallons may be stored above ground in
said junkyard provided the same be placed in containers approved by
the Board. All other gasoline which is kept in the premises shall
be stored underground, which underground storage must be approved
by the Board.
D. The manner of storage and the 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
firefighting purposes.
E. Burning vehicles and other materials must be done during daylight hours while attended and controlled at all times, and said burning must be done in compliance with the Trash Burning Ordinance of East Lampeter Township [Chapter
7].
F. The premises to be licensed shall be set back a minimum distance
of 25 feet from the right-of-way lines of all streets or roads and
a minimum distance of 15 feet from all other property lines. The area
between the setback line and the right-of-way line and all streets
and roads and all other property lines shall be at all times kept
clear and vacant.
G. When the Board shall deem it necessary and desirable the premises
to be licensed shall at the setback lines be enclosed by a fence of
type and style to be determined by the Board or by evergreen screen
plantings, or both. The Board may set forth the fence and planting
requirements at the time of the issuance of a license or at the time
of renewal or transfer of a license. Where the junkyard in question
adjoins property situated in another municipality, the Board may establish
setback lines along the property line between East Lampeter Township
and the adjoining municipality.
No junkyard in existence as of the effective date of this chapter
shall be added to or extended unless done in compliance with the provisions
of this chapter.
[Amended 6-3-2002 by Ord. No. 232]
Any person, firm or corporation who shall violate any provision
of this chapter, 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 chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
In addition to the remedies provided in §
193-13 of this chapter, any continued violations of this chapter which shall constitute a nuisance in fact of which shall in the opinion of the Board constitute a nuisance may be abated by proceeding against the violator.