[HISTORY: Adopted by the Board of Supervisors of the Township
of North Newton 1-2-2007 by Ord.
No. 01-2007A.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
[1]
Editor's Note: Three junkyards within the Township of North
Newton remain grandfathered under the provisions of the former Junkyard
Ordinance as adopted in 1970. The former Junkyard Ordinance is on
file in the Township office.
The North Newton Township Board of Supervisors enacts this chapter
in order to promote and protect the health, cleanliness, sanitation,
and general welfare of the residents of North Newton Township, Cumberland
County, Pennsylvania.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated:
The Board of Supervisors of North Newton Township.
Any and all forms of waste, scrap, discarded materials or
articles or parts thereof and shall include, but not be limited to,
scrap metal, used, scrapped, or abandoned building materials, inoperable,
scrapped, abandoned or junked motor vehicles or parts thereof, machinery,
appliances, furniture, farm machinery, or other nonfunctional equipment.
Any person who shall engage in the business of selling, buying,
salvaging or dealing in junk or who maintains or operates a junkyard
within the Township of North Newton.
A lot, land, or structure, or part thereof, used for the
collection, dismantling, storage or salvaging of junk or for the sale
of parts thereof.
The permit granted to a person who operates a junkyard.
Includes an individual, a partnership, an association, a
corporation, a joint stock company, a trust, an unincorporated association
or any other group or legal entity.
North Newton Township, Cumberland County, Pennsylvania.
No person shall engage in business as a junk dealer or maintain
a junkyard without first having obtained a license from the Board
of Supervisors, for which license a fee, as hereinafter set forth,
shall be paid to the Township for the use of the Township. The license
shall be issued for the twelve-month period beginning January 1 and
ending December 31 of each calendar year. Each license must be renewed
annually prior to the first day of January of each year.
The license provided for in this chapter shall be issued by
the Board of Supervisors 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 issued and
the premises on which such business is to be conducted or junkyard
is to be maintained. Such license shall be posted conspicuously upon
the premises licensed thereunder. The written application for license
hereinabove mentioned shall be accompanied by a form, which will be
supplied by the Board of Supervisors. Applicant shall also submit
therewith a plot of the premises used or to be used in connection
with the license. The Board of Supervisors shall furnish successful
applicants a renewal form to be completed annually to obtain a license
renewal.
Upon receipt of an application by the Board of Supervisors,
the Board of Supervisors shall issue a license or shall refuse to
issue a license to the person or entity applying therefor after an
examination of the application and shall issue if in compliance with
this chapter. In the event the Board of Supervisors shall issue a
license, it may impose upon 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. Decisions to initially
issue, renew, or deny licenses and any conditions attached thereto
will be made during the Board's monthly public meeting.
[Amended 4-3-2018 by Ord.
No. 2018-1]
The license fee shall be paid immediately upon the issuance
or renewal of the license. This fee shall be as set from time to time
by resolution of the Board of Supervisors, as shall the annual renewal
fee.
No person licensed under this chapter shall, by virtue of one
license, operate more than one junkyard within the Township or maintain
more than one junkyard for the purpose of buying, selling and dealing
in junk. No person shall engage in business as a junk dealer or maintain
a junkyard in any place other than the place designated upon his license.
No license issued by the Board of Supervisors shall be transferable by the licensee to any other person unless such a transfer is authorized by the Board of Supervisors. Any person desiring to transfer his license shall notify the Board of Supervisors in writing, which notification shall be accompanied by an application for license, as described in § 186-4 of this chapter, by the transferee.
In the event the Board of Supervisors shall approve the transfer
of a license, the transferee shall immediately pay to the Township
a transfer fee. The transfer fee shall be as set by resolution of
the Board of Supervisors. No person shall be required to pay a transfer
fee and a license fee.
Every person licensed under this chapter shall provide and shall
constantly keep a written record in the English language of the acquisition
of any junk, a description of every article or material acquired,
the date of such acquisition, and the name, address, and telephone
number of the person from whom such article or material was obtained.
This written record shall at all times be subject to the inspection
of any official of the Township.
Every person licensed under this chapter shall constantly maintain
the licensed premises in accordance with any special provisions imposed
by the Board of Supervisors and in the manner prescribed by this section
and any subsequent regulations by the Board of Supervisors:
A.
No premises applying for a license following the enactment date of
this chapter shall be less than five acres in size.
B.
No licensed premises shall be maintained within 1,000 feet from any
school or church premises.
C.
The licensed 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 breeding of rodents or vermin.
D.
No garbage or other organic waste shall be stored on such premises.
E.
No weeds shall be permitted to grow on the site and the same shall
be kept mowed so that they do not go to seed.
F.
Whenever any motor vehicle shall be received at the junkyard facility,
all liquids, including, but not limited to, gasoline, antifreeze and
motor oil, shall be drained and removed therefrom. All gasoline and
used motor oil which is kept on the premises shall be stored in accordance
with the rules and regulations of the Pennsylvania Department of Environmental
Protection.
G.
The manner of storage and 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.
H.
Unless the facility is staffed by a technician certified by the state
to remove Freon (chlorofluorocarbons) from appliances, facilities
are responsible to verify the proper evacuation of Freon (chlorofluorocarbons)
from all Freon appliances prior to accepting any appliance. Facilities
shall not accept appliances, such as refrigerators, freezers, air
conditioners, dehumidifiers, etc., unless the appliance has a sticker
verifying that the Freon has been removed by a state-certified technician.
I.
It shall be unlawful for any person licensed under this chapter to
burn junk or waste within the junkyard at any time.
J.
No materials causing an offensive odor or unsanitary conditions shall
be stored on said licensed premises.
K.
No dismantling or salvaging operations shall be carried on at the
licensed premises on Sunday or during the hours from 8:00 p.m. until
7:00 a.m., except in the case of an emergency to remove any wrecked
vehicle from a public highway, and provided that this provision shall
not be applicable to the sale of parts and merchandise of said business.
L.
All junk kept, stored, or arranged on the licensed premises shall
at all times be kept, stored, and arranged with the facility as described
in the application for license hereunder and as limited below.
(1)
All junk shall be maintained, kept, stored, or arranged within the
perimeter of a fenced area. Fencing may include tight board fencing
that shall enclose the view of junk, free from advertising except
as it shall apply to the owner's business, 6 1/2 feet in height,
and all junk shall be stored inside of said fence and at no greater
height than the height of the fence. The entrances to the fenced area
must be kept securely locked except during hours of operation. The
fencing may not infringe upon the following setback requirements:
front yard, 100 feet; rear yard, 100 feet; side yard, 100 feet each.
The front, rear, and side setback areas shall not be used for any
type of material, junk, vehicle, or equipment storage.
(3)
A twenty-foot-wide strip along the side and rear property lines shall
be landscaped with ground cover and plant material and shall not contain
impervious cover except for the crossing of necessary entrance/driveways.
(4)
A ten-foot-wide strip beyond the reserved or dedicated right-of-way
of any road or street shall be landscaped with ground cover and plant
material and shall not contain impervious cover except for the crossing
of necessary entrance/exit driveways.
(5)
Where a side or rear property line will be within 500 feet of an
existing residential dwelling or is common with a previously subdivided
residential lot, an evergreen screen shall be planted within the building
setback area along that property line. The evergreen screen shall
be created by planting trees (a minimum of six feet tall at planting
that will grow a minimum of 15 feet tall at maturity) on ten-foot
centers maximum. In addition, existing vegetation on and around the
site shall be preserved to the greatest extent possible.
(6)
Maximum impervious coverage allowed on the premises is 70%.
(7)
Proposed driveway entrances within the Township road right-of-way
shall be improved, in accordance with the applicable Township road
construction specifications, to their full width from the edge of
the pavement to the dedicated right-of-way line prior to issuance
of the license.
[Amended 4-3-2018 by 2018-1; 6-6-2023 by Ord. No. 2023-02]
Any person who violates any provision of this chapter shall,
upon conviction thereof before any Magisterial District Judge, be
sentenced to pay a fine of not more than $1,000. Each violation shall
constitute a separate offense, for which a summary conviction may
be sought.
In addition to the remedies provided in § 186-12 above, any continued violations of this chapter which shall constitute a nuisance in fact or which shall, in the opinion of the Board of Supervisors, constitute a nuisance may be abated by proceeding against the violator in a court of equity for relief.
All ordinances or parts thereof in conflict with the provisions
of this chapter are repealed, providing, however, any proceedings
pending, including prosecutions for violations under any previous
ordinance being repealed hereby, shall not be affected by this chapter
and may be continued pursuant to said previous ordinance.
