[Ord. 107, 10/11/1993, § 1]
This Part shall be known and may be cited as the "Jefferson
Township Junkyard and Refuse Ordinance."
[Ord. 107, 10/11/1993, § 2]
1.
General Terms. As used in these regulations, words in the singular
include the plural and those in the plural include the singular. The
masculine shall include the feminine and the neuter. The words "shall"
and "will," for the purpose of these regulations, are defined as mandatory.
2.
BOARD
JUNK
JUNK DEALER
JUNKYARD
LICENSE
PERSON
RECYCLING TIME INTERVAL
TOWNSHIP
Specific Terms. As used in these regulations, additional specific
terms or words shall be defined as follows. Unless otherwise expressly
stated, the following definitions shall, for the purpose of these
regulations, have the meaning herein indicated. Any pertinent word
or term not a part of this listing but vital to the interpretation
of these regulations shall be construed to have its legal definition.
The Board of Supervisors of Jefferson Township.
Any discarded material or article and shall include, but
not be limited to, scrap metal, abandoned or junked motor vehicles
or vehicle parts, machinery or machinery parts, papers, glass and
related items, containers or partially dismantled structures or parts
thereof. It shall also include a partially dismantled motor vehicle
not bearing current registration plates and that is not in the process
of ongoing and immediate repair. It shall not include refuse or garbage
kept in a proper container for the purpose of prompt disposal.
Any person who shall engage in the business of selling, buying,
salvaging or dealing in junk, including the operation of an auto wrecking
or salvage yard or business, or any person who shall keep or store
on his or other premises junk, as defined herein, for commercial purposes.
The use of any lot, whether inside or outside a building,
for storage, keeping or abandonment of junk, or for the dismantling,
demolition or abandonment of automobiles or other vehicles, machinery
or parts thereof for commercial purposes.
The permit granted to a person who accumulates, stores or
disposes of junk as herein defined.
Any partnership, association, firm, corporation and/or individual.
A period of six months that shall not be exceeded between
the receipt of a given weight and/or volume of allowable material
and the disposal of this same weight and/or volume.
Jefferson Township, Butler County, Pennsylvania.
[Ord. 107, 10/11/1993, § 3]
1.
Requirement. No person shall from and after the effective date of
this Part keep, conduct or maintain any building, structure, yard
or place of keeping, whether temporarily, irregularly or continually,
for the storing, piling, buying or selling at retail or wholesale
or dealing in any "junk" as herein defined, whether with a fixed place
of business or as an itinerant peddler, without first having obtained
and paid for a "junk dealer" license; in addition, no person shall,
from and after the effective date of this Part, keep, store or accumulate
on his premises or the premises of another, for a period in excess
of 30 days, more than two motor vehicles, or bodies of motor vehicles,
that are inoperable, or unlicensed, or that do not have a current
and valid inspection sticker, or that have been stripped or dismantled
without having first obtained and paid for a "junk dealer" license.
Operable farm tractors, racing vehicles, duly licensed antique and
classic motor vehicles, and other vehicles not subject to State inspection
requirements are exempt from this regulation.
2.
Application.
A.
Every applicant for a license to engage in the business of junk dealer
shall file with the Township Secretary, upon a form prepared and approved
by the Township, signed by the applicant or applicants. The license
may be issued by the Board after written application by the person
to whom such license is to be given; provided, that all conditions
and requirements of this and other applicable ordinances are met.
Such license shall be posted conspicuously upon the premises licensed.
The applicant shall also submit therewith a plot of the premises used
or to be used in connection with such licenses.
B.
Applications shall state or include:
(1)
Name and address of the applicant.
(2)
Whether the applicant has been convicted of any misdemeanor
or felony and if so, what offense, when and in what court.
(3)
The address of the premises upon which such junkyard is to be
established or operated and the name of the owner or owners of said
property if other than the applicant.
(4)
If the applicant is a partnership, association, the application
shall furnish the above information for every member thereof.
(5)
A location map showing adjacent properties and owners thereof
and adjacent and all site related thoroughfares, streets and rights-of-way,
including accessway patterns, widths and grades.
(6)
A description and scale drawing of the premises upon which the
junkyard is to be established or operated, specifying the area size
of the premises to be utilized expressed in square footage, setback
lines, structures, fencing, screening and dwellings situated upon
adjacent premises.
(7)
The detailed nature of the business to be conducted and the
kind of materials to be collected, bought, sold or otherwise handled
shall be outlined in detail.
(8)
An agreement that the applicant accepts the license, if granted,
upon the condition that it may be suspended or revoked by the Board
of Supervisors upon conviction of violation of this Part.
(9)
A separate application and permit will be required for each
junkyard conducted by a junk dealer.
3.
Classification. A license shall be limited to and issued dependent
upon the nature of the business and the style of operation. Activities
under this Part shall be limited to the following classifications:
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Class One
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Automotive - the business of selling, buying, salvaging and
dealing in the recovery of the whole and/or parts of motor vehicles.
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Class Two
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Scrap (scrapyard) - the business of selling, buying, salvaging
and dealing in the recovery of the whole and/or parts of discarded
material and/or articles such as scrap metal, machinery, equipment,
containers and structures as may be valuable for reclamation or re-use.
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Class Three
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Recycling Center - the business of buying, selling, salvaging
and dealing in the recovery of materials such as glass, plastic, aluminum
and metal cans, wood, paper and/or other readily disposable nonhazardous
materials. The designation "recycling" shall connote the collection,
preparation, packaging and distribution of the aforementioned material
on a volume/weight for volume/weight basis as designated further in
this Part (§ 102). The licensed recycling center operator
shall understand such material will be processed receipt-to-disposal
within an allotted time interval as designated further in this Part
(§ 102).
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4.
Issuance. 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 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 therefor
such terms and conditions, in addition to the regulation herein contained
and adopted pursuant to this Part, as may be deemed necessary to carry
out the spirit and intent of this Part. Licenses shall be issued upon
the condition that the same may be summarily revoked in the event
the said licensee is found to have given any false information or
in any way misrepresented any material fact upon which the issuing
authority has relied in granting such license, in which event the
licensee shall not be entitled to a refund of any portion of a required
license fee. A license shall be issued only following an onsite physical
inspection by the Township Inspection/Enforcement Officer to insure
compliance with the terms of the application permit and all requirements
of this Part. No premises, structure or land use activity requiring
a license under this Part shall be used or occupied until such time
as a physical inspection has been completed, a license approved and
an occupancy permit issued for the premises.
5.
Guarantees.
A.
Applications shall be accompanied by a bond to the Township of Jefferson,
approved as to form by the Township Solicitor, in the penal sum of
$50,000 for those premises not exceeding five acres and an additional
sum of $5,000 for each additional five acres or increment thereof
for those premises exceeding five acres. The bond shall guarantee
that in the event the dealer ceases to operate, or vacates or abandons
the auto wrecking or junkyard, said yard will be cleaned of all junk,
including automobiles, parts thereof and all debris. The Township
Supervisors shall also require the facility to post a bond in favor
of the Township, in a sum determined by the Township, to cover the
loss resulting from any potential hazards, spills, accidents or road
deterioration arising from the use of the property.
B.
In instances where the premises on which the business is located
are owned by the applicant, said bond shall be secured by a judgment
note to the Township of Jefferson in an amount equal to the penal
sum of said bond and shall be signed by the dealer, and if married
his or her spouse. In the event that said premises are not owned by
the applicant, then the judgment note shall be executed by the owner
or owners of said premises as well as by the applicant dealer. A cash
bond may be posted in lieu of the judgment note.
6.
Fee. A license fee of $200 shall be paid to the Township for the
use of the Township at the time the license is issued.
A.
The license shall be issued for the twelve-month period beginning
July 1, and ending June 30 of each year, and each license must be
renewed annually on or before the first day of July of each year.
B.
The license fee, together with the administrative levy, shall be
paid immediately upon the issuance or renewal of a license. The amount
of the administrative levy shall be calculated in accordance with
the following schedule as determined by the land covered by the license.
7.
Limitation. 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/or dealing in junk. No person shall engage in business as a junk
dealer in any place within Jefferson Township other than the place
designated upon his license.
8.
Transfer. No license issued by the Board shall be transferable by
the licensee to any other person unless such 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 § 103(2) of this
Part, by the transferee.
[Ord. 107, 10/11/1993, § 4]
1.
Requirement. Every licensee hereunder shall provide and shall at
all times keep and maintain records, in the English language, at the
time of its purchase, acquisition or receipt of junk, a full and complete
description, including trade names, serial or manufacturer's
numbers, if any, of every article or item of junk purchased, acquired
or received by him, the date and approximate hour of such purchase,
acquisition or receipt, and the name and address of the person from
whom such article or item of junk was purchased, acquired or received.
Such written records shall at all times be subject to the inspection
of the Township authorities for just cause. Such records shall be
retained for a period of three years.
2.
Identification. No person shall knowingly buy, sell, receive dispose
of, conceal or have in his possession any motor vehicle, part or accessory
from which the manufacturer's serial number or any other number
or identification mark has been removed, defaced, covered, altered
or destroyed for the purpose of concealing or misrepresenting the
identity of such vehicle, part or accessory. Any person to whom is
offered for sale, storage or wreckage any motor vehicle, part or accessory
from which has been removed, defaced, covered, altered or destroyed
the manufacturer's serial number or any other number or identification
mark shall immediately notify the Jefferson Township authorities of
such offer or sale.
3.
Retention. Every person, licensed under this Part, 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. 107, 10/11/1993, § 5]
Every person licensed under this Part shall develop and operate
the licensed premises in accordance with the following requirements:
A.
Area. No tract of land less than 10 acres or more than 20 acres shall
be licensed or utilized as a junkyard.
B.
Property Setbacks. The premises to be licensed shall be set back
a minimum distance of 100 feet from the right-of-way on all public
streets or roads and a minimum distance of 50 feet from all other
property lines. Areas between the setback line and right-of-way, and
between property and setback lines, shall be kept clear of all storage
and operations at all times.
C.
Environmental Setbacks. All storage and operations shall be set back
a minimum distance of 25 feet from all known floodplain elevations,
wetland acres, streams, creeks and other natural waterways.
D.
Highway Setbacks. Setbacks of 660 feet shall be maintained from the
right-of-way line of all Federal aid or other limited access highways.
E.
Parking. All parking in association with the junkyard and any related
operations shall be accommodated on site, exclusive of any required
setback areas.
F.
Access. The site shall contain no more than one entrance and one
exit less than 30 feet in width. Site access points shall be designed
to preclude the stacking or maneuvering of vehicles on any adjacent
public right-of-way. All access shall meet local and State requirements.
G.
Safety. Every structure erected upon or remodeled for use in connection
with the licensed premises shall be constructed or remodeled with
nonflammable material so as to be fire resistant as that term is defined
by the regulations of the Department of Labor and Industry of the
Commonwealth of Pennsylvania concerning the prevention of fire and
panic.
Fencing.
(1)
All junkyards shall be buffered from roads and developed adjacent
areas within viewing distance with a fence or wall eight feet or more
in height, maintained in good condition. The placement of such fence
or wall shall be controlled by the setback provisions of subsections
(B), (C) and (D), above.
(2)
The foregoing provisions shall be applicable only to those portions
of the premises being used for the operations or the storage of junk
and shall not be applicable to the balance of the property owned or
used by said junkyard operator so long as said remaining portion of
land is not being used for the storage of junk as defined in the Part.
(3)
The fence shall be a metal chain link fence of at least 12 gauge
thickness and supported on steel posts. Such fence shall not be less
than eight feet in height, nor shall more than two vehicles or major
parts thereof be stacked on top of one another or otherwise so as
to protrude above it.
H.
Screening.
(1)
Where any side of the premises adjoins, or is within viewing distance
of, a residential dwelling, church, school or public building now
existing or constructed in the future, a landscape screen shall be
established along the adjoining side for a reasonable distance. It
is further provided that the foregoing screening provision shall be
applicable only to that portion of the adjacent premises being used
for the storage of junk or related operations and shall not be applicable
to the balance of the property owned or used by said junkyard operator
so long as said remaining portion of land is not being used for the
storage of junk as defined in this Part.
(2)
The screen shall have a height adequate to achieve its purpose. Plan
materials used for screening shall consist of dense evergreen plants.
They shall be of a kind, and used and maintained in a manner so as
to provide a continuous opaque screen within 24 months after commencement
of operations in the area to be screened. The Board shall require
that either new planting or alternative screening be provided if the
plant materials do not provide an opaque screen during the continuation
of the business or until all visual evidence has been removed following
the cessation or abandonment of the business.
(3)
Initial planting shall consist of evergreen plant materials such
as white pine, red pine, Austrian pine or other conifers with similar
growth rate. Plant materials shall have a minimum initial height of
five feet when planted. Plant materials shall be spaced at a maximum
distance of 10 feet on center in a double line or otherwise located
in such a manner and density that a complete screening purpose is
achieved within 24 months.
I.
Landscaping. Setbacks areas adjacent to public rights-of-way and
occupied adjoining property shall be planted with an all season ground
cover and shall be landscaped with trees and shrubs in accordance
with an overall landscape plan. A replacement program for nonsurviving
plants shall be included.
[Ord. 107, 10/11/1993, § 6]
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.
Maintenance. 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 resident nearby or a place for the breeding of rodents and vermin.
B.
Garbage. No garbage or other organic waste shall be stored on such
premises.
C.
Automobile Handling. Whenever any motor vehicle shall be received
on such premises as junk, all gasoline and oil shall be drained and
removed therefrom. All gasoline that is kept on the premises shall
be stored in a manner approved by the Board of Township Supervisors
and meet applicable standards of the Commonwealth of Pennsylvania
and the Federal Government.
D.
Storage. The manner of storage and arrangement of junk and the drainage
facilities of the premises shall be such as to prevent the pollution[1] of springs and streams, to prevent the accumulation of
stagnant water upon the premises and to facilitate access for inspection
purposes and firefighting. All junk and vehicles on the licensed premises
shall be arranged and maintained in a neat and orderly fashion. All
such vehicles and other junk are to be arranged in rows with a minimum
of 20 feet of clear space between each row and each of said rows to
be no greater in width than 40 feet.
[1]
Editor's Note: Ord. 107 read "population."
E.
Burning. A person licensed under this Part shall not burn motor vehicles
at any time. No oil, grease, tires, gasoline or other material that
might be dangerous or produce obnoxious smoke or odors shall be burned
within a junkyard at any time.
F.
Business Hours. Business and/or operating hours shall only be conducted
between the hours of 6:00 a.m. and 6:00 p.m., prevailing local time.
Hours shall be conspicuously posted on the premises.
[Ord. 107, 10/11/1993, § 7; as amended by Ord.
155, 1/5/1998]
[Ord. 107, 10/11/1993, § 8]
1.
The Board shall have authority to grant variances to dealers properly
licensed under this Part from the provisions as set forth herein,
as the circumstances, and in the Board's sole judgment, may require
in order to avoid undue hardship or an unrealistic application of
the provisions of this Part. The decision of the Board in granting
or refusing to grant a variance shall be exclusive and final. No variance
shall be granted that is not in harmony with this Part and all other
ordinances of the Township.
[Ord. 107, 10/11/1993, § 9]
By resolution, the Jefferson Township Board of Supervisors shall
appoint and authorize an Inspector/Enforcement Officer to enforce
the provisions of this Part and to regularly inspect the premises
of every licensee hereunder for the purpose of determining whether
said licensee has established and maintained his premises in full
compliance with the provisions of this Part and such rules and regulations
which may hereafter be adopted by the Township of Jefferson regulating
and licensing junk dealers and the establishment and maintenance of
junkyards.
In addition to the remedies provided in § 107, above,
any continued violation of this Part that shall constitute nuisance
in fact or that shall in the opinion of the Board constitute a nuisance
may be abated by proceeding against the violator in a court of equity[1] for relief.
[1]
Editor's Note: Ord. 107 read "equality."
