[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale 9-12-1990 by Ord. No. 90:09. Amendments noted where
applicable.]
No junkyard; motor vehicle junkyard; salvage yard; used building
material junkyard; used rags, glass, paper and scrap metal junkyard;
recycling center; or other similar use shall be operated without obtaining
an annual license therefor from the Borough of Somerdale in the amount
as set forth in the current Fee Ordinance for such license, nor shall
such activity be operated other than in a permitted zone of the Borough
of Somerdale, nor shall such activity be operated unless meeting the
following conditions:
A.
No motor vehicles or junk shall be stored or dismantled within 50
feet of any dwelling house except such dwelling house as may be situated
on the licensed premises.
B.
Burning of junk or refuse material is prohibited.
C.
Precaution shall be taken by each owner or operator hereunder to
safeguard all flammable, combustible or explosive materials from fire,
and no owner or operator shall stack, pile, place or store junk upon
the licensed premises in such a manner as to create a fire hazard
or to create a place for the harboring or breeding of rats, mice or
vermin.
D.
No junk shall be stacked, piled, placed or stored nearer than 50
feet to the edge of the right-of-way of any public road.
E.
No junk shall be so stacked, piled or otherwise placed within 10
feet of the side line of the licensed premises.
A.
All yards or places where such businesses are or shall be conducted
or where such materials are to be stored or kept shall have the following
type of fence installed:
(1)
The fence posts must be made of steel pipe of at least 1 1/2
inches in diameter or a steel material of the equivalent strength
of one-and-one-half-inch steel pipe.
(2)
Fence posts must be set in cement at no more than 25 feet apart.
(3)
The fence must be made of steel wire of not less than 10-gauge in
strength and must be no larger than four by four inches in mesh size.
(4)
The fence shall be at least six feet high.
(5)
The fence shall parallel the property line which adjoins the primary
road used for entering or leaving the business establishment.
(6)
Clinging ivy-type vines or plants are to be planted along the outside
of the fence in such a manner that said vines will eventually cover
the fence.
B.
The fence must be installed within 60 days of the passage of the
approval of the application, unless an application is made to the
Zoning Board of Adjustment for an extension of time based upon weather
conditions.
All goods, articles, merchandise or motor vehicles must be stored
and kept within the enclosed fence above-described and not upon the
sidewalk, street or any part thereof, and no material shall be piled
or placed so as to be visible above said fence.
[Amended 8-9-2023 by Ord. No. 2023:08]
B.
Each violation of a section or subsection of this code shall constitute
a separate and distinct violation independent of any other section
or subsection or any order issued pursuant to this code. Each day's
failure to comply with any such section or subsection shall constitute
a separate violation.
C.
Where an owner, operator or occupant has been convicted of a violation
of this code and, within 12 months thereafter, has been found by the
Judge of the Municipal Court to be guilty of a second violation, the
court may, if it finds that the second offense was willful and inexcusable,
sentence the offender.
E.
In the event of the imposition of a fine or penalty by the Municipal
Court or any other court of competent jurisdiction against the owner,
operator or lessor of any building or structure in the Borough required
to be registered for violation of any Borough ordinance or any state
law applicable to the Borough, the fine or penalty shall be collectible
as a lien against the premises, in addition to any other remedies
now provided by law.
