[HISTORY: Adopted by the Board of Supervisors of the Township
of Union 4-25-2011 by Ord. No.
2011-02. Amendments noted where applicable.]
A.
FARM MACHINERY
JUNK
JUNK DEALER
JUNK VEHICLE
JUNKYARD
MOTOR VEHICLE
PERSON
PREMISES
SALVAGE YARD
SOLID WASTE
TRAILER
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
All types of machinery and equipment which were originally
manufactured for farm use, which are retained on farm properties,
either as operable equipment or for the purpose of salvaging repair
parts.
Any discarded, unusable, scrap or abandoned man-made or man-processed
materials or articles stored outside of a completely enclosed building
and which covers over 200 square feet of land area. Examples of junk
include: scrap metal, used appliances, used motor vehicles and parts,
worn-out machinery and equipment, used containers, and scrap building
materials.
Any person who buys, sells, salvages, stores, or in any way
deals in junk; or owns, leases, operates or maintains a junkyard/salvage
yard within the municipality.
Includes any vehicle or trailer that does not display a current
state license and registration and that meets any of the following
conditions: (1) cannot be moved under its own power, in regards to
a vehicle designed to move under its own power, other than a vehicle
clearly needing only minor repairs; (2) cannot be towed, in regards
to a trailer designed to be towed; (3) has been demolished beyond
repair; (4) has been separated from its axles, engine, body or chassis.
A lot, land or structure, or parts thereof used for the collection,
storage, dismantling, salvage, or sale of used and discarded materials,
including, but not limited to, scrap metal, or the scrap, salvage,
or discarded material from vehicles or machinery. Any place where
junk, as herein defined, is stored or accumulated. The foregoing shall
not apply to duly licensed automobile dealers having operable vehicles
on their premises for resale. Such exception shall not apply to inoperable
vehicles being stored primarily for salvage purposes.
All types of automobiles, trucks and tractors, including
self-propelled machinery of all kinds, with the exception of farm
machinery.
Any natural person, partnership, firm, company, corporation
or other legal entity.
Any parcel of land situated in the Township of Union, having
a separate Tax Map parcel number for county assessment purposes.
Same as "junkyard," see definition of "junkyard" above.
Any waste, including, but not limited to, municipal, residual
or hazardous waste, including solid, liquid, semisolid or containing
gaseous material.
Any wheeled vehicle, not self-propelled, drawn by a motor
vehicle.
B.
In this chapter, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
No person may be a junk dealer, or operate a junkyard/salvage
yard as herein defined, within the municipality without first obtaining
and maintaining an annual license to operate as herein described.
A.
Any person desiring to be a licensed junk dealer in the Township of Union shall make written application to the Union Township Code Enforcement Officer. Such application shall be in the form established by the Union Township Board of Supervisors, and shall set forth the applicant's name and address, include an accurate description of the premises on which the junkyard is to be located, and a plan of the property in accordance with § 119-2B below, and a statement that the applicant will comply with this chapter and any regulations adopted pursuant to this chapter.
B.
Plan requirements as part of a junkyard/salvage yard application:
(1)
Renewal application. An application for renewal of an existing junkyard/salvage
yard license, where no improvements or structures have been added
during the preceding year, shall include a plot plan of the property.
The plan should be drawn to a legible scale (not less than one inch
equals 50 feet), and include the following minimum information:
(a)
Boundary lines of the property in question and rights-of-way
based upon either a deed plotting or property survey.
(b)
Identify adjacent land uses and zoning.
(c)
Locations of man-made and natural features on the property.
(d)
Delineation of the specific area of the property for use as
a junkyard/salvage yard as previously fixed at time of initial license.
(e)
Location of existing fencing and/or buffer yards and distances
to property lines.
(f)
Show existing driveway(s) and parking spaces.
(g)
Location of existing signage and lighting.
(h)
Show any existing utilities serving the property. If on-lot
sewer and water, show locations of on-lot disposal area and well(s).
(i)
Show any existing easements and floodplains.
(j)
Statement listing existing activities conducted on the property
as part of the junkyard/salvage yard operation.
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An application for a renewal of an existing junkyard/salvage yard license, where improvements or structures have been added and permits have been issued under the Pennsylvania Uniform Construction Code, shall include a land development plan prepared in accordance with the requirements of Chapter 172 of the Union Township Code relating to land development plans.
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(2)
Application for new or expanded land area facility. An application for a new or existing but expanded land area junkyard/salvage yard shall include a formal land development plan. Said land development plan shall be prepared, reviewed and approved in accordance with the requirements of Chapter 172, Subdivision and Land Development, Union Township Code.
C.
An application for license under this chapter shall be examined by
the Union Township Code Enforcement Officer, or a duly authorized
agent thereof, and the license issued or refused within 60 days of
submission to the Union Township Code Enforcement Officer. Examination
of the application shall include consideration of the suitability
of the property proposed to be used for the purpose of the license,
the character of nearby properties, and the effect of the proposed
use upon the Township of Union. When the application is found in compliance
with the provisions herein given, the Union Township Code Enforcement
Officer shall issue a license to the junk dealer applicant for operation
of the junkyard/salvage yard as described in the application.
D.
The license fee shall consist of two parts: the initial application
fee for new or expanded facilities shall be $500, and it is not returnable
in case of refusal of license; and the annual license fee shall be
$500, per year. All fees are due, payable to and for the use of the
Township of Union, at time of application. The period of any license
issued under this chapter shall be for one calendar year or portion
thereof, and shall terminate on December 31 of the year in which issued.
E.
Licenses issued under this chapter are required to be renewed on
or before January 1 of the year in which it is desired to continue
operations. Such application for renewal must be in writing, in such
form as may be required by the Union Township Board of Supervisors
and accompanied by the license fee. Renewal applications are subject
to complete reexamination and consideration by the Union Township
Code Enforcement Officer, for continued compliance.
F.
No person licensed under this chapter shall, by virtue of one license,
operate more than one junkyard/salvage yard within the municipality.
No person shall engage in business or operate a junkyard/salvage yard
at any place other than the place designated by his license. Licenses
are nontransferable. The permitted size of a junkyard/salvage yard
shall be fixed at the time of license issuance, with due regard for
the existing and proposed uses of the surrounding area and properties,
and shall not be in excess of five acres, excluding setback areas.
The license under which the junkyard/salvage yard is operated
shall, at all times, be conspicuously posted on the licensed premises,
and the operating requirements as herein provided shall be complied
with.
A.
Permanent records of all junk received in or removed from any junkyard/salvage
yard shall be kept by the junk dealer on the premises, containing
the name and address from whom received or to whom delivered, the
date thereof and a description of the junk. Such records shall be
open to inspection at all reasonable times by the Union Township Board
of Supervisors, Township Code Enforcement Officer, and by any law
enforcement officer.
B.
Junkyards/salvage yards licensed under this chapter may not operate
between the hours of 5:00 p.m. and 7:00 a.m., except to remove any
wrecked automobile from any public highway.
All junkyards/salvage yards licensed under this chapter shall
be: located and operated in accordance with the following conditions:
A.
The locations of any junkyards/salvage yards shall be as permitted under Chapter 200, Union Township Zoning Ordinance, Code of Union Township.
B.
No operation, activity, use, or occupation of any type for the junkyard/salvage
yard shall be carried on within 40 feet of any property line or any
street right-of-way.
C.
All junk shall be stored and arranged so as to permit access by firefighting
equipment. Junked motor vehicles shall be spaced in rows with at least
12 feet between double rows; other junk shall be stored in piles or
tiers which also shall be separated by aisles or cleared areas of
no less than 12 feet.
D.
Junk shall be arranged so as to prevent the accumulation of stagnant
water and shall be stacked to a height of not more than 12 feet from
the ground.
E.
All liquids and/or fluids shall be drained from any junk or scrapped
automobiles. Fluid draining shall occur on an impervious and properly
drained surface. Liquids and/or fluids in amounts not exceeding 10
gallons in industrial containers or 50 gallons in the aggregate may
be stored on a temporary basis not to exceed 60 days above ground
in approved containers. Fuel and/or waste oil which is kept on the
premises shall not exceed 50 gallons and shall only be stored on a
temporary basis above ground in a manner approved by the Pennsylvania
Department of Environmental Protection (PADEP), Underwriters' Laboratories
and/or the State Fire Marshal. No garbage and/or organic waste shall
be permitted to be stored on any junkyard/salvage yard.
F.
All batteries shall be removed from vehicles and properly stored
in a suitable area on an impervious and properly drained surface.
Paper, rags, plastic and similar materials for salvage shall
not be accumulated or remain on the junkyard/salvage yard premises
for more than 60 days. Materials separated as solid waste shall not
be accumulated for more than 30 days.
Any burning of materials shall be in compliance with Chapter 68, Open Burning, of the Code of Union Township.
Garbage, organic waste or plain solid waste shall not be received
or stored in any junkyard/salvage yard. Materials designated as solid
waste may be received only as mixed with salvageable materials, and
shall be promptly disposed of as herein provided.
Every junkyard/salvage yard licensed under this chapter shall
enclose and maintain the junkyard/salvage yard as herein provided:
A.
Every new, or existing junkyard/salvage yard premises approved for an expanded land area, shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of § 119-4B of this chapter, located on the interior side of any required landscape buffer, and shall be a minimum of 12 feet in height, and shall be constructed of solid or opaque material. Entrance gates, of a maximum of 35 feet in width, shall be of similar material, well constructed, and shall be kept securely locked except during business hours. Fencing shall be maintained in good condition throughout its length at all times. The installation of fencing may also be required, and constructed as set forth above, on existing junkyards/salvage yard premises, where documented trespass onto the property or migration of varmints off of the property have been established.
B.
All required fencing shall be set back 40 feet from all property
and right-of-way lines. When a property abuts residential lands or
municipal parkland, a forty-foot wide landscaped buffer yard comprised
of three rows of staggered evergreen plantings of a minimum six feet
height at planting shall buffer all areas used for the storage of
junk/salvage material. The buffer yard shall sufficiently screen all
stored junk/salvage material and fencing from the view of adjacent
property owners. No materials of any nature shall be stored within
this buffer yard. All required open areas between fence and lot lines
of the premises shall be maintained continuously in good order, free
of weeds and scrub growth.
C.
All junkyard/salvage yard premises shall be maintained in such manner
so as not to cause a public or private nuisance; nor shall they cause
any menace to the health or safety of persons off the premises; nor
shall they cause any excessive or offensive or noxious odors or sounds;
nor shall they cause the breeding, harboring or infesting of rats,
rodents or vermin; nor shall they be in violation of any health or
sanitation law or ordinance or regulation of any governmental body.
Every junk dealer and junkyard/salvage yard licensed under this
chapter is subject to inspection and regulation as herein provided.
A.
Any member of the Union Township Board of Supervisors, the Union
Township Code Enforcement Officer, or the agent of the Board, may,
at any reasonable time, enter upon the premises currently licensed
or for which a license application is pending.
B.
The Union Township Board of Supervisors may, from time to time pursuant
to resolution, adopt regulations to carry out the provisions of this
chapter, upon giving notice to licensees affected by such regulations.
A.
Any person who is found to have violated an order of the Township
or who willfully or negligently failed to comply with the provisions
of this chapter and the orders, rules, regulations, and permits issued
hereunder shall be prosecuted by action brought before a magisterial
district judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
The Municipal Solicitor or the Code Enforcement Officer may assume
charge of the prosecution consistent with the Pennsylvania Rules of
Criminal Procedure, No. 420 et seq. The Board of Supervisors shall
pursue criminal fines not to exceed $1,000 for the violation of this
chapter and imprisonment to the extent allowed by law for the punishment
of summary offenses. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
B.
The Union Township Board of Supervisors may take any appropriate
action at law or equity, civil or criminal, to enforce the provisions
of this chapter and recover the fees, expenses and costs associated
with the enforcement. This chapter shall in no way restrict any remedies,
including but not limited to injunctive remedies, otherwise available
and provided by law.
