[Ord. 976, 1/16/2008]
Except where otherwise indicated by context, the following definitions
shall apply in the interpretation and enforcement of this Part:
Any discarded material, articles or things, including, but
not limited to, scrap, copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, iron, steel and other old or scrap ferrous
or nonferrous material. Any wrecked, ruined, dismantled, abandoned,
nonoperable, disabled or junked motor vehicles or parts thereof, or
motor vehicles no longer used as such.
See "licensee."
Any motor driven vehicle, regardless of size, which is incapable
of being self-propelled or is unable to move under its own power upon
the public streets of the Borough or is incapable of being utilized
for its intended purpose; also included in this definition is any
trailer, semi-trailer or any other article which would be classified
as a vehicle shall include any disabled, abandoned, nonoperable, nonregistered,
wrecked, ruined or dismantled motor vehicle.
Any yard, lot or place covered or uncovered, outdoors or
in an enclosed building, containing junk as defined herein, upon which
principally occurs one or more acts or buying, keeping, storing, accumulating,
dismantling, processing, recycling, salvaging, selling or offering
for sale, any such junk, in whole units or by parts, or any premises
used for the storage of two or more junked motor vehicles. This definition
shall not include a transfer station, licensed or permitted by the
Commonwealth of Pennsylvania, or a recycling center, licensed or permitted
by Forest Hills Borough.
Any person holding a valid, current license issued pursuant
to this Part.
Approval of the application by the Borough Council which
permits the applicant to develop his property as per the requirements
of this Part. Preliminary approval does not permit the applicant to
operate the junkyard or accumulate junk in the approved location.
See "junkyard."
[Ord. 976, 1/16/2008]
1.
License Required. No person shall establish, operate or maintain
or permit to be established, operated or maintained upon any property
owned or controlled by him, a junkyard within the limits of the Borough
without having first secured a license from the Borough. Such license
shall be issued by the Borough, or its representative, in accordance
with this Part.
2.
Licensee with Multiple Locations. Any licensee establishing, operating
or maintaining a junkyard at more than one location shall be required
to have in effect a separate license for each such location.
3.
Licensing-Period; Renewal; Posting. Each license issued pursuant
to this Part shall be valid for a period of not more than one year
from the date of issuance. Each such license shall be subject to annual
renewal provided applicable fees, fines and penalties have been paid
and provided the junkyard continues to be operated and maintained
in accordance with the provisions of this Part. A current license
shall be conspicuously displayed or posted upon the licensed premises
at all times.
[Ord. 976, 1/16/2008]
1.
Every person seeking a license under this Part shall make written
application to the Borough on a form to be provided by the Borough.
The application shall include the following information:
A.
The name and address of the applicant, if the applicant is a natural
person; but if the applicant is another entity, the names and address
of all officers, directors, partners or natural persons having primary
responsibility for the lawful day-to-day operation of the junkyard
or scrap yard.
B.
The names and addresses of the owner or owners of the land upon which
the junkyard is to be located.
C.
Written consent of the owner or owners of the property, if different
from applicant.
D.
A metes and bounds survey of the property showing the location of the property, together with a deed reference to the property, containing a layout of the proposed junkyard, and showing sufficient detail to establish compliance with this Part, the Borough Zoning Ordinance [Chapter 27], the Borough Subdivision and Land Development Ordinance [Chapter 22], and all other applicable ordinances, laws and regulations. A junkyard or scrap yard shall have a minimum of 10 acres and a maximum of 20 acres, and shall front on a public road or have access to a public road by a right-of-way of at least 20 feet in width. Where a proposed junkyard fronts on or has access to a state highway, all proper permit must be obtained from the Pennsylvania Department of Transportation.
E.
Plans and specifications for all fencing, water facilities, screening,
access driveways, sewage disposal system and stormwater management.
F.
Plans for the control of insects, rodents and vermin, and for the
prevention of infestation.
G.
Any other information, in any format and in as many copies, as the
Borough may from time to time require.
[Ord. 976, 1/16/2008]
1.
Any person wanting to establish, operate or maintain a junkyard within
the Borough must seek preliminary approval of an application by submitting
an initial application and application fee after which:
A.
The Code Official/Building Inspector shall review the application
and plans for completeness and for compliance with this Part, other
Borough ordinances and regulations and, any state or federal laws
or regulations.
B.
The Code Official/Building Inspector shall inspect the site, 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 Borough,
with specific reference to the general health, safety and welfare
of the public and the residents of the Borough.
C.
The Borough Council, in its sole discretion, may hold a public hearing
on the application.
D.
The Borough Council may impose, in addition to the general requirements
set forth in this Part, such other terms and conditions as it may
deem necessary to carry out the spirit and intent of this Part and
to effect the protection of the general health, safety, and welfare
of the public and the residents of the Borough.
E.
After completion of the above items, and the determination by the
Borough Council that the applicant's plans and representations
comply with this Part and all other applicable ordinances, laws, rules
and regulations, the Borough Council shall issue in writing a "preliminary
approval" of the site.
F.
Preliminary approval shall be in writing, and shall contain a statement
that the application and plans as submitted are acceptable to the
Borough Council without modification; or shall contain a detailed
and itemized list of other terms, conditions and requirements which
must be met if the application is to be finally approved.
G.
Preliminary approval shall commit the Borough to issue a license,
pursuant to this Part, only after the site is, in fact, in complete
compliance with the terms of the preliminary approval and the requirements
of this Part.
H.
No junkyard, scrap yard or junk dealer shall conduct business on
the site until a license is issued.
I.
It shall be solely the obligation of the applicant to communicate
to the Borough, within the preliminary approval period, that the site
has been made to fully comply with this Part and the terms, conditions,
and requirements of the preliminary approval.
J.
Preliminary approval shall be valid for not more than six months,
after which, if the site is not in full compliance with this Part
and all other terms, conditions and requirements of the preliminary
approval, the preliminary approval shall be revoked by the Borough
Council and the Borough shall not thereafter be required to issue
a license automatically, at the expiration of six months.
[Ord. 976, 1/16/2008]
After a license has been issued for a junkyard in order to continue
the operation and maintenance of such junkyard, the licensee shall
be required to apply for license renewal on a form to be provided
by the Borough. Such application for renewal shall be filed with the
Borough within such time as to allow the Borough an opportunity for
on-site inspection of the junkyard prior to the date on which the
license must be renewed; but in no event shall such application be
filed fewer than 60 days before the expiration of the current license.
The Borough Council shall, from time to time, establish rules and
regulations governing the application for and issuance of renewal
licenses.
[Ord. 976, 1/16/2008]
1.
The following general requirements shall apply to all junkyards licensed
in accordance with the provisions of this Part:
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or menace to the health, safety or welfare of the community
and maintained so as not to provide a breeding place for insects,
rodents or vermin.
B.
No garbage or other organic waste shall be stored in open containers
on premises.
C.
All junk shall be stored and arranged so as not to interfere with
natural drainage of the land and shall be so stored and arranged as
to prevent the accumulation of stagnant water and to facilitate access
for firefighting purposes.
D.
Maintenance shall be such that any adjacent stream or body of water
shall not, be polluted or damaged by the drainage or dumping of organic
or inorganic waste materials or waste substances.
E.
Junk shall be stored in piles within the enclosed area not exceeding
eight feet in height. Junk shall be separated by alleys and arranged
so as to permit easy access to all such junk for firefighting purposes.
F.
No burning of junk, discarded materials or any other materials shall
occur on the premises.
G.
The business shall be conducted from a permanent building on the
premises.
H.
The operator must be authorized to collect Pennsylvania sales tax
prior to opening.
I.
No combustible material of any kind not necessary or beneficial to
the licensed business shall be kept on the premises, nor shall the
premises be allowed to become a fire hazard.
J.
No oil, grease, tires, gasoline, tar, petroleum products, shingles
or other similar material or junk shall be burned within a junkyard
at any time.
K.
The licensee shall permit inspection of the business premises by
the Borough or its appointed representative at any reasonable time.
L.
Any property not provided for and approved by the Borough with the
licensee shall not be utilized for junkyard operations.
M.
All oil, antifreeze, gasoline, transmission fluid and other vehicular
fluids shall be drained from all vehicles before such vehicles are
stored as scrap in the junkyard; and all such fluids shall be properly
containerized, stored, transported and disposed of in the manner or
manners prescribed by or consistent with regulations promulgated by
the Pennsylvania Department of Environmental Resources in Title 25,
Chapter 75, Pa. Code, relating to solid waste management, and in regulations
promulgated by the United States Environmental Protection Agency at
40 CFR, Subchapter I, Parts 240-280, relating to solid waste, or any
other applicable laws or regulations pertaining to solid waste or
solid waste management.
N.
All spare tires not being used for a useful purpose must be covered
by a tarpaulin and not left exposed to the weather or enclosed within
the structure.
[Ord. 976, 1/16/2008]
1.
The area used for a junkyard shall be completely enclosed with a
solid board or metal fence, or a mound of ground, with a minimum height
of 10 feet; or by a screen of trees; or by a combination of the above,
as approved by the Borough Council. All fences and screening shall
be of sufficient height to screen the junkyard from view of adjacent
properties and highways. All fences and screening proposed must be
approved by the Borough Council, who may approve such fencing or screening
as may be deemed necessary in view of natural contours, features and
requirements. Tree screening utilized shall follow the following guidelines:
A.
A minimum of two rows of trees, shrubs or other vegetation, not less
than 50% evergreen materials, shall be planted to produce the effective
visual barricade.
B.
At least two different species of trees, shrubs or other vegetation
shall be utilized. Selected species shall exhibit different tolerances
to insect and disease.
C.
Species selected must be capable of producing the effective visual
barrier, 10 feet in height, within five years of planting.
D.
Prompt replacement of any dead species shall be required.
2.
The required fencing and screening shall be set back the following
minimum distance from the property line or street:
A.
Solid fencing: 25 feet from public right-of-way and 25 feet from
all property lines.
B.
Tree screening: 25 feet from the public right-of-way and 25 feet
from all property lines.
C.
The area between the property line or public right-of-way and the
fence or tree screening shall be kept clean and vacant at all times.
3.
All entrances and exits into and from the salvage yard shall have gates which shall be closed and locked when the yard is not in operation. All entrances must meet the site distance requirements of the Pennsylvania Department of Transportation, the Borough Zoning Ordinance [Chapter 27], the Borough Subdivision and Land Development Ordinance [Chapter 22] and any other applicable provision of this Code or other Borough ordinance.
4.
Sufficient on-site parking will be provided for loading and unloading
vehicles as well as for employee and customer parking.
5.
It shall be the responsibility of the junkyard owner or operator
to maintain the screening established by it, doing such painting and
repairs as to keep any fences, walls or other structural material
in good appearance. Plant material shall be watered, pruned, cultivated
and mulched, treated for insect and disease control, and given any
required maintenance to keep all plants in healthy condition. Dead
plants shall be removed immediately and shall be replaced during the
next spring or fall planting season. Replacement plants shall be at
least as large as the initial plants and of the same species and quality,
unless approval for substitution is received from the Borough.
6.
Failure to maintain screening shall result in the revocation of the
junkyard license.
[Ord. 976, 1/16/2008]
The location of any junkyard must conform to any and all applicable
Borough zoning regulations.
[Ord. 976, 1/16/2008]
Any person wishing to extend or enlarge the area of an existing
junkyard shall make application for new license in accordance with
the provisions of this Part, and will be required to comply with all
provisions of this Part as if he were applying for a license for a
new junkyard.
[Ord. 976, 1/16/2008]
No license issued under this Part shall be assigned or transferred
to any other person without the express written authorization of the
Borough. Any person wishing to transfer or assign such license shall
make a written request to do so, directed to the Code Official/Building
Inspector and setting forth the name and address of the transferee
and the date the transfer is expected to be effective. Such written
request shall be submitted together with a transfer fee, the amount
of which shall, from time to time, be determined by the Borough Council;
and such transfer fee shall not be returned, whether or not the transfer
or assignment of the license is authorized. Such written request must
be submitted at least 60 days prior to the date the transfer is expected
to be effective.
[Ord. 976, 1/16/2008]
The Code Official/Building Inspector shall suspend any license
issued hereunder upon failure of any licensee to comply with, or to
maintain compliance with, or for violation of any provision, standard
or requirement of this Part. The Borough shall notify the licensee,
in writing of any section or sections of this Part which the Borough
or its representative believes to have been violated. Any notice provided
for herein may also identify a reasonable period of time within which
the licensee may effect compliance without prosecution. Any notice
provided for in this section may be served personally upon the licensee;
or may be posted conspicuously upon the property for which the license
has been granted; or may be posted conspicuously at the address of
the licensee as shown on the application; or may be sent to the licensee
by certified or registered mail to the address shown on the application.
[Ord. 976, 1/16/2008]
Application fees, renewal fees, transfer fees and any other
fees shall be established, from time to time, by resolution of the
Borough Council.
[Ord. 976, 1/16/2008]
The Borough Council may, from time to time, review or alter
the rules and regulations, the application for, renewal application
for, and any other forms reasonable and necessary to the proper and
effective administration of this Part.
[Ord. 976, 1/16/2008]
1.
It shall be unlawful for any person to violate any of the provisions
of this Part.
2.
It shall be unlawful for any person to establish, operate or maintain
a junkyard, scrap yard or junk dealership after a preliminary approval
has been granted but before a license has been issued. It shall be
unlawful for any person to misrepresent material facts in any application
or renewal application submitted under this Part. It shall be unlawful
for any applicant or licensee to fail to notify the Borough if said
licensee is ever cited by county, state or federal authorities for
alleged violations of law, rules or regulations relating to the operation
of junkyards.
[Ord. 976, 1/16/2008]
The Borough Code Official/Building Inspector or any other representative
of the Borough shall be permitted to enter and inspect the premises
of any licensee or any applicant for preliminary approval at any reasonable
time and with no notice.
[Ord. 976, 1/16/2008]
1.
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
